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Janice Dutton

I filed bankruptcy in 2004 in Ontario. I was never discharge. I am living in BC now and have acquired new debt. Are collection agencies allowed to commence a court action even though I am still legally bankrupt?

Posted from: British Columbia

One Response to “Janice Dutton”

A licensed trustee said...

They certainly can – there are two sides to your question. First, when you failed to complete the bankruptcy you filed in 2004 you lost the protection of the Bankruptcy Act. Your creditors from 2004 have the right to pursue you and you don’t have the right to file bankruptcy again on these same debts. Second, any new debts incurred after you filed for bankruptcy in 2004 were never stopped from trying to collect from you – the bankruptcy only stopped existing 2004 debts, while it was active.