Unlisted Creditor

What is the status of a creditor of a bankrupt if the creditor was not listed on the statement of liabilities?

Posted from: British Columbia

One Response to “Unlisted Creditor”

A licensed trustee said...

If the bankruptcy has not been completed they are simply added to the list and they will be included in the bankruptcy. If the bankruptcy has been compelted the creditor is entitled to the same “rate of return” as the other creditors in the bankrutcy received. For example, if all ofn the listed creditors received $0.10 for every dollar they were owed then the new creditor is entitled to $0.10 for every dollar they are owed.

There is a second issue – not listing a creditor may be an offence under the bankruptcy act. If your trustee thinks you should have known about the debt then they may advise the Court and you may have to explain to a judge why you didn’t list it. The judge may then decide to include the debt, exclude the debt, or whatever other terms the judge thinks are “fair”.