Bankruptcy Question & Answer Forum - Canada

Author:		Suzan
Date:		December 6, 2005
Question:		A court judgment was entered in Edmonton against my father without notifying him of the court date. My mother claimed bankruptcy after she divorced my father. Can the creditors go after my father for the money owing when my mother already claimed it in her bankruptcy after they were divorced?
From:		Bruce, Alger & Associates Inc.
Date:		December 7, 2005
Answer:		The short answer is yes. To the extent that your father was legally and contractually responsible for these debts, even if your mother agreed to assume them in a divorce, the creditors could still pursue your father if your mother did not pay. This would change only if the creditor had agreed to release your father at the time your mother assumed responsibility for the debt. Bruce Alger phone: (403) 296-2970 balger@alger.ca