Bankruptcy Question & Answer Forum - Canada

Author:		Gina
Date:		October 22, 2005
Question:		My husband and I when Bankrupt in April 2002 and we were discharged in January 2004. One of the creditors had a jugement on us at the time and now they have a garnisment of 40% on my husbands pay check. We had a absolute discharge, and this creditor didn`t show up at our court session to file an appeal, but now they are saying that it was fraud three and a half years after the bankrupty. Can they get away with this? Shouldn`t they have tried to prove this at that time? The lawyer says that she has proof but we hired a lawyer and he has not received anything from her Can we stop the garnish or do we have to wait.
From:		Bruce, Alger & Associates Inc.
Date:		October 26, 2005
Answer:		Unless this is a debt where fraud was proven, or can be proven or fits under on of the categories of debt that survives pursuant to section 178 of the Bankruptcy and Insolvency Act, your bankruptcy should have dealt with it. Was the creditor listed by you when you went bankrupt? If so, you should perhaps get out your bankruptcy file and talk to your former trustee. He might be able to write a letter for you to the creditor. If this does not help, you will need to hire a lawyer. Bruce Alger phone: (403) 296-2970 balger@alger.ca