Free Consultation

Bankruptcy

If someone was awarded a settlement under the residential tendencies branch for damages we dont agree with and feel were made because we left on bad terms with the people and its under my name my sisters name and my mothers name because she was the co-signor of the apartment, if i were to declare bankruptcy would the debt then fall onto my sister and mother or would it be wiped away entirely.

Posted from: Ontario

One Response to “Bankruptcy”

A licensed trustee said...

First, if your sister and mother are not filing fro bankruptcy and the Order named them as well as your self then yes, the debt will fall to them if you file for bankruptcy.

Whether or not the debt is dischargeable in your bankruoptcy (ie you won’t have to repay it) depends on the wording of the Order. If a Restitution Order was issued, or some portion of the order refers to restitution for actual damages then this debt will not be discharged even if you file for bankruptcy.

You need to have a lawyer take a look at the ward so they can tell you whether or not it is dischargeable in bankruptcy.