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Fraud & Bankruptcy

What does a creditor do if the bankruptee committed fraud and by doing such was absolutely discharged from their obligations. It happened to me and I could not challenge because the procedings were in Manitoba and I reside in Quebec. The trustee, since deceased, would hear my side of the story and I lost over $2,000.

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One Response to “Fraud & Bankruptcy”

A licensed trustee said...

You have the right to bring a motion before the Court that has jurisdiction over the bankruptcy requesting that your debt be classified as non-dischargeable. If a significant amount of time has passed since the bankrupt was discharged then your motion may have a difficult time in Court – generally this type of motion is brought during the intital 9 months of a bankruptcy. That is not a legal requirement, but a practical consideration.

Unfortunately, to bring such a motion you will likely require the services of a laywer. If you win your motion the costs may be added to your debt – if you lose then you’ll be out the legal fees as well as the money you’ve already lost.