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Bankruptcy Question & Answer Forum - Canada


Author:

 

G Lewis

Date:

 

October 22, 2005

Question:

 

I had a business with a partner which was incorporated and my business partner died. The business was shut down due to not having money to operate with. The day before I shut it down the business partner's wife came in and handed me a note that stated that it would be to her best interest to give me her share of the stock. We are in debt with taxes and etc. the government is garnishing my pay. She is not being held responsible at all. We borrowed money to open this business and I filed bankruptcy on this money. I do not feel as my federal tax refund should be kept since my wife was not an owner. Please advise if this can be done to me alone and not hold his estate responsible also.



From:

 

Bruce, Alger & Associates Inc.

Date:

 

October 26, 2005

Answer:

 

Sounds to me like the tax department has raised an assessment against you for director's liability on either unpaid GST or unpaid payroll deductions. If so, they are not obliged to split the debt in any manner and you are liable for the whole debt if they can collect it from you.

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



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