bankruptcy albertaAlberta bankruptcy services of Collins Barrow -  Canada
    Province of Alberta Bankruptcy Forum

Author:   Desperate
Date:   February 18 2003
Question:  

Though I have read through most of your questions, I do not see one like mine. I have been legally separated for over 2 years, divorced for almost a year. My ex-husband is a dentist, who threatened to make me pay him if I left. I have a disability & am a student on scholarships which must be turned back to the granting agency in the event of bankruptcy. During the marriage, my ex-husband had been bouncing our home mortgage around all over the place, & each time he was offered a line of credit to go with the mortgage. As he did this, he dissipated all assets out of the marriage of 20 years.

During the marriage, he concealed this from me, and at times, woke me up from a deep sleep to get my co-signature. Last year, he declared bankruptcy, & had a proposal accepted. Now some collection agencies are coming after me on these lines of credit. Immediately after the separation, I had a bad feeling & contacted most of the major banks to see if my name was on anything & had been told no. Eventually, they came up with my name waaaay back in the documentation. When my lawyer asked for proof that I used or even activated my interest (she did this for the better part of a year) they could not show that even my bank cards had been activated, nor had any of the funds gone into my or even joint accounts....in fact, all the money went to his girlfriends! There is, to the best of my knowledge, no evidence that I ever benefitted or used the lines of credit or anything else. Another aspect is that there is a credit card debt that the bank the card came from told me did not look like my signature on it! My understanding is that there is no proof that I ever used or benefitted from these lines of credit or the credit card. Additionally, the national credit agency has suggested that had my rights as a borrower been properly considered, I would never have met the criteria as a co-signator & that the amounts loaned to my ex were based on his huge salary as a dentist. Each line of credit is almost 65% of what my salary was at the time.

During my divorce, the justice overseeing the case was shocked & felt that under the circumstances, I could not be held liable. Furthermore, I have been told that the acceptance of a proposal on a debt might constitute legal estoppel.

Can you please help me? I can't even get child support out of this guy. He bankrupted me & everyone else, including some members of my family who trusted him.

 


From:
 

Ann Clarke, Alger & Associates Inc.
Date:   February 19, 2003
Answer:  

You require legal help to sort out this complicated situation and I'd recommend you consult your lawyer again. If you believe that fraud or any other kind of offence has been committed in your spouse's bankruptcy or proposal, you should contact his Trustee or the Office of the Superintendent of Bankruptcy of Industry Canada to make a formal complaint.

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




 
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