fraudulently attempting bankruptcy
An individual files for bankruptcy, includes all his debts, and never provides all the pertinent info to his trustee. After almost 3 years the trustee discharges themselves and the individual goes on their merry way, with most of the debts gone because the debts were written off and the businesses don’t care anymore. The only debts that are still outstanding are to private persons. My question is how can someone get away with pretending to go bankrupt and then just removing themselves without the laws of the land intervening?
This could be a very viable way for Canadians to get off the hook with debtors.
I would have thought that when a Judge makes an Order for documents from the bankrupt and the Order is breached that that is breaking some kind of law too. If this truly works the general public should be made aware so everyone can do it, just like this was done to me, a private person.
Thank you, Kristin
If the person who originally filed bankruptcy was never discharged then they haven’t gotten out of their debts. Once the trustee is discharged any of the creditors that want to may pursue the person to the extent that they see fit to do so.
If a creditor, like a major bank, decides not to pursue the person, well that is their right.
Based on your message, if you or someone you know lent this person money and the person was not discharged from their bankruptcy (but their trustee was) you may now sue them and take whatever other steps you deem appropriate to recover your money. The person cannot file bankruptcy again so you should be able recover something if you try.