Personal Bankruptcy Forum


Author:   Sharon
Date:   August 2, 1999
Question:   I filed for bankruptcy in 1993 and was discharged from it in 1994. I had included a department store credit card as a creditor. I just recently found out that this creditor in 1993, one month after I declared bankruptcy, has filed something with Equinox. They told me this was allowed and they could leave it for six years. Is this legal to do?
 


From:
 

Shane Brenneis, Collins Barrow Limited
Date:   August 6, 1999
Answer:  

We have had a lot of problems in the past 1-2 years regarding debts discharged in bankruptcy being recorded at the credit bureau again. They are not allowed to do this as the debt has been discharged..

You can start by contacting the creditor and asking them to remove the filing from the bureau. If they will not cooperate you will need to contact the credit bureau to explain to them what has happened and ask them to remove the creditors filing. There are now two credit bureaus:

Equifax Canada - 1 (800) 465-7166
Trans Union - 1 (403) 276-7808 (Calgary number)

You may also wish to contact the local Office of the Superintendent of Bankruptcy. The Calgary office has informed us that although they cannot do anything, they would like to hear from individuals who are having problems so they have a record of how often this is happening.

Shane Brenneis
phone: (403) 298-1575
sbrenneis@collinsbarrow.com




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