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Bankruptcy Question & Answer Forum - Canada


Author:

 

drained till death do us part

Date:

 

November 1, 2005

Question:

 

Can Revenue Canada legally force someone to file for bankruptcy? I am legally separated from the father of my 3 children and have been financially drained by him over and over again throughout the 15 year on again off again marriage. I did finally buy a home just prior to our last separation ( which he signed over to me in the aggreement for my family & I bought it and he was only permitted to be on title if he would set up a legal entity for his under the table, not registered, no books, 3 full time "cash employees" no GST, PST, Fully visable and advertised USED GOODS STORE. When I would finally be able to force him to file his taxes - because I could not get back some of the huge taxes I paid off of my paychecks - he did so as "self employed" he ran it as a $70 thousand a year loss submitting actaual business expenses (not payroll of course) and fixing the sales to a loss. His personal bank account was seized due to back taxes owed and he has been in hiding and still has yet to file for the past three years. He closed the store and recieved a large chunk of money from the owners of the commercial business, cashed through someoneelses bank account, and has been living off the proceeds for the past 8 months. Now he nolonger can pay child support, and can't take a a real job due to these outstanding debts, an many counts of criminal evasions. He is qualified and professionally ticketed to earn between $25 - $35 dollars an hour. There is no way he will ever step up to the plate and take responsibility for his actions, he never has. The only way I can get child support is if he has a job to garnish his wages from. If I report him to Revenue Canada and provide all the documents pertaining to his evasion, can Rev Canada order him to file bankruptcy, so he can have a fresh start. We can have fair support amounts garnished from his wages. My eldest daughter needs togo to Universty in a year and a half, the father is till continue to drain me by forcing me to also pay his share, of financially supporting our children, disabling me further to save for her education, and his Non Filing will disable him from providing a tax return for her to apply for student loan and grant eligibility. I have spent 15 years being drained and diabled by him, and now its her turn to have to pay for him, because he won't take responsiblity for his own actions. Can Bankruptcy be forced. If so - who by.



From:

 

Bruce, Alger & Associates Inc.

Date:

 

November 2, 2005

Answer:

 

Any creditor can file a petition to have a debtor placed in bankruptcy, however it is rarely done. CRA typically will identify and seize assets if it can including bank accounts and wages which it can do without a judgement. In some rare situations CRA has resorted to filing a petition.

Bruce Alger
phone: (403) 296-2970
balger@alger.ca



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