A different creditor says I owe from 15 years ago

January 21st, 2015 by Questions

Is been 2 years since i filed a consumer proposal and now i received a letter from a different creditor claiming that i owe x amount of dollars since the year 2000, please advise

Posted from: Ontario

Questions

One Response to “A different creditor says I owe from 15 years ago”


January 21, 2015 at 9:39 am, Jillian Taylor-Mancusi, Trustee | B.A. | C.I.R.P said:

Assuming that the consumer proposal is ongoing you will want to forward the creditor’s claim to the trustee. If the claim is indeed 15 years old it is likely statue barred and no longer enforceable and will thus be rejected by the trustee. If it is a valid claim the trustee can include it in the proposal. The creditor will be bound by the terms of the proposal unless he can show that had he known about the consumer proposal his vote would have made a material difference in whether or not the consumer proposal was accepted. If the claim relates to fraudulent action on your part or was intentionally omitted from your Statement of Affairs the Court, on application from the creditor, could either annul the proposal or declare that the claim is not discharged upon the completion of the proposal.

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