“new” debt prior to bankruptcy

My bankruptcy is due to be discharged any day now. I have recently (within the last week) become aware of a government debt that I had no previous knowledge of. This was an overpayment of EI while I was on maternity leave. The debt is quite substantial – a few thousand dollars. This debt dates back to 2004, and I filed for bankruptcy in 2006. Had I been aware of the debt I would have included it in the bankrtupcy. Since I just found out about it, is there any way to have it included in the bankruptcy? My trustee tells me no, but others have told me to seek a 2nd opinion.

One Response to ““new” debt prior to bankruptcy”

Barton Goth GCO Bankruptcy Trustees said...

As long as the debt relates to prior to your date of bankruptcy simply inform your trustee.

The only thing to be aware of is that with EI overpayment the goverment will claim that it is fraudulent and will survive the bankrutpcy. However, there are certain steps the government rarely takes that are necessary for this to be true, so you should discuss this with your trustee.