debts that have not been disclosed

September 6th, 2008 by Questions

My ex wife filed for bankruptcy and on her sworn statement indicating full disclosure, she has left off debts (mainly promisory notes to family) of about $80,000.

What does one do with this knowledge that her sworn statement is less than full disclosure. Does this nullify her bankruptcy? If I bring this to the attention of the Trustee, won`t they just add the other people to the list and then write it all off? Some of these people are seniors and need their money back, they cannot afford to lose.

Any help is appreciated. Thank you.

Posted from: Ontario


One Response to “debts that have not been disclosed”

, A licensed trustee said:

If you really want to bring this to light then I suggest you write her trustee a letter (and copy the Office of the Superintendent if you really want to push things) detailing the debts you beleive have not been disclosed and the basis for your knowledge. The trustee will then question the bankrupt regarding your letter and proceed as appropriate.

It may be that the debts will simply be added the bankrupt’s list of crediotrs. It may be that the bankrupt wil have to appear in Court and explain their conduct. If it turns out that the bankrupt has been making payments towards any of these debts since they filed for bankruptcy, then their bankruptcy may be refused.

A word to the wise – if you decide to write this letter please stick to the facts. If you come across as a bitter ex-spouse your letter may not recieve the attention it requires.

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