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Creditor from a previous bankruptcy

When a person has filed for bankruptcy, does this encompass all outstanding debt the person has incurred, or does each creditor have to be named specifically.

I ask this because I filed for bankruptcy in 1993, was discharged in 1994. Just yesterday I received a notice in the mail from National Collection Agency stating they had purchased my debt from Cdn. Tire (this occured over 10 years ago). They claim they will try to get all back interest charges as well as the original o/s.

Do they have any recourse at this time?

Thank you so much.

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One Response to “Creditor from a previous bankruptcy”

A licensed trustee said...

Assuming that Canadian Tire was advised of your bankruptcy in 1993, then the collection agent has no recourse against you.

I suggest you send them proof that you were discharged – a copy of your Certificate of Discharge would be the best thing to send. Once they have received that they will likely “go away”. If they still persist, send them a registered letter instructing them to proceed to Court as you dispute the debt. Once in Court, provide the judge with a copy of your discharge (they may ask for some other documents too)- if the Court is satisfied with your proof then the matter will be dismissed.