creditor left out of bankruptcy

January 13th, 2007 by Questions

I lent an individual a large sum of money, then he declared bankruptcy. He did not include my name in the list of creditors. He paid me back some of the money but now he has stopped paying altogether. What can I do?

Questions

One Response to “creditor left out of bankruptcy”



January 15, 2007 at 9:47 am, A licensed trustee said:

There are a couple of issues raised by your comments:

1) did he knowingly leave your name off his list fo creditors? If he did, this is an offence under the Bankruptcy Act and you could apply to the Court to have some sort of penalty imposed

2) if he made payments while in the bankruptcy he may have “resurrected the debt”, meaning that it may be enforceable if you can get a Court to issue an order to that effect

3) if you aren’t interested in pursuing option 2, then the payments that he made to you are another type of offence under the Bankruptcy Act. Just like point #1, you have to decide if you want to go to Court and make an issue of it.

All of the options involve Court so I suggest if your seriously interested in pursuing this person you should go and see an experienced insolvency lawyer – don’t call a trustee as we cannot provide this kind of service.

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