Default Judgement void if bankrupt

October 2nd, 2007 by Questions

I have a default judgement and writ of seizure and sale by the Ontario Superior Court of Justice against someone.
If He files for personal bankruptcy does that mean his debt to me is void and I will never receive any payments.

Questions

One Response to “Default Judgement void if bankrupt”



October 03, 2007 at 2:16 pm, A licensed trustee said:

Not necessarily – as a judgment creditor you have no greater (or lessor) rights than any other creditors of the bankrupt. You should receive notice of the bankruptcy and forms to be completed in order to recieve any distribution of funds that come about as part of the bankruptcy. I should warn you that in a significant number of cases, those payments are minimal at best.

Alternatively, talk to a lawyer to determine whether or not there are gounds for your debt to be excluded from the bankruptcy. This is a complicated topic so I won’t discuss it here, but certain types of debt survive bankruptcy – maybe you can find a way for yours to be included in that list.

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