Personal Bankruptcy Forum

Author:   Martin
Date:   July 31, 2002
Question:  

I am a director, part shareholder and General Manager of a small company that is presently bankrupt. All of the bill of ladings and invoices from a certain creditor are in the company's name and my personal name.(for example: Sold To: ABC Inc. and John Dow) Althout there were no credit application made, nor where there any distinctive agreement of co-purchasor(i.e. co-deptor), this creditor is bringing me to court. He is asking full payment of the amount to the court, by way of judgement against me personally, can he do that? I have signed some bill of lading, but not all. Some bill of lading where signed by my employees, but the name of the company and my name are on them. Does this make a difference? All the invoices were sent to the adress of the company not my home adress. Does this make a difference? In the past, I never paid this creditor with my personal money. What is the difference between signing in Personal Capacity or signing as a director?

 


From:
 

Ann Clarke, Collins Barrow Limited
Date:   August 1, 2002
Answer:   A creditor is within his rights to sue you if he believes you are personally liable. Based on your information you may not be personally liable if everything was done through the corporation. You must defend the Statement of Claim when one is issued (this is the document to start the process of suing you.) The Court will determine whether you personally owe for the corporate debt. If you don't defend the action the creditor will obtain a default judgement against you and you will be required to pay the debt. I'd suggest retaining a lawyer to help you defend the action and to clarify the situation for you.

Ann Clarke
phone: (403) 296-2972
aclarke@moneyhelp.ca




Bankruptcy Forum | Submit a Question