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How do I find out if she declared the money she owed me?

Someone owes me money personal loan. They are filling for bankruptcy and said they never have to pay me $4500. I lent this money when I was being related for seizures that were severe and most of the time I was post ital.. I had to cash in GST and refinance my home and finally had to sell as I could not be left alone. I fell I was taken advantage of. I have just had brain surgery and wonder can I ever collect I have heard this before from her . What should or can I do. it does not seem fair that you can just keep declaring bankruptcy and leave others out of loans. How do I find out if she actually declared it. She is supposed to be a financial advisor. Quitting a paid job for a pipedream

Posted from: Ontario

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One Response to “How do I find out if she declared the money she owed me?”

Doug Stuive, CA | Trustee | CIRP said...

When a person declares bankruptcy they are required to disclose all of their debts, even those loans from individuals. It is an offence under the Bankruptcy Act to make arrangements to continue to pay one of your creditors.

To find out if the person has filed a bankruptcy you can contact the Office of the Superintendent of Bankruptcy and can complete a search of their records for a small fee. That search will also be able to tell you the name and contact information for the Trustee in charge of the bankruptcy. As a creditor you have certain rights under the Bankruptcy and Insolvency Act. For example, if there are going to be funds available within the bankruptcy estate for the creditors you should be eligible to receive your share of those funds.

You may wish to share your story with the trustee of the bankruptcy estate and enquire about any remedies you may have under the Bankruptcy Act. A creditor can oppose the bankrupt’s discharge from bankruptcy resulting in a hearing being held in front of the Superior Court of Justice. At that hearing the Registrar in bankruptcy may set criteria that the bankrupt must meet in order to be discharged from the bankruptcy. If the bankrupt’s conduct warrants such measures this may allow you to recover a portion of the funds that were loaned to the bankrupt.