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My wife and I are thinking of claiming bankruptcy. If we file seperately, do we both get to keep $4000 in personal property, both keep
$4000 in cloths, etc. Also, we have two leased vehicles. Are leases
considered the same as secured credit, where Bankruptcy doesn't affect
them? Ideally, we would only like to keep one of the vehicles anyhow,
could we return one to the purchasing dealership, and receive protection
under bankruptcy for the difference between what is owed and what the
dealership will take the vehicle back for?.
response from Ann Clarke (Dec 20/2001) |
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My wife is thinking of filing for personal bankruptcy. Our bills have gotten a little out of hand but my credit is still good. Discharging the debt on her credit cards would give us some much needed breathing space. However I own about $3500 worth of computer equipment (all which is registered in my name) and was wondering how I prove that this is my personal property, and even then, is it still likely to be seized? I am an independent consultant in the environmental field and I am planning to finally complete my Ph.D. in organic chemistry. I would be lostwithout a computer.
response from Ann Clarke (Dec 19/2001) |
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Can the bankruptcy of my incorporated company affect my wife's job at a bank?.
response from Ann Clarke (Dec 12/2001) |
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From what I have read a student loan cannot be part of a bankruptcy for 10 years. It's only been 8 years and 7 months for me. I'm now married and worried about what they can do to me and my husband.
I do not work (2 small children) and everything (house, car, credit cards, etc) are in my husbands name. The government has just decided to come after me after all this time. What are my options? Can they touch any property that is in my husband's name, or his wages? Can I just put them off for another 1 year and 5 months until my ten years are up? There is just no way we could afford to pay this student loan so bankruptcy seems to be my only option.
Suggestions? How much would filing bankruptcy cost?.
response from Ann Clarke (Dec 11/2001) |
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Do you have to sell a mortgaged house and a car you are making payments on if you were to claim bankrupcy? I have a few other debts that are the ones causing me grief. If I did not have them and only had the house and car payment I would be fine..
response from Ann Clarke (Dec 11/2001) |
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My wife has about $50,000 in debt in her name only. Do we both have to file for bankruptcy if I have no debt?.
response from Ann Clarke (Dec 5/2001) |
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I am married and have a lot of debt on my credit cards that are in my name only. Can I file for bankruptcy witout my husband?.
response from Ann Clarke (Dec 3/2001) |
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If my ex-wife and I have a loan together and we both filed for bankruptcy what would happen to the loan? Would we both still have to pay the loan because the loan is only one year old?.
response from Ann Clarke (Nov 27/2001) |
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Does claiming bankruptcy clear your debt for income tax?.
response from Ann Clarke (Nov 22/2001) |
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I am an inspector in a bankruptcy and the non-bankrupt spouse has filed a claim for arrears of child support. She surely has a claim but I do not think it is a claim provable in bankruptcy as it survives. My thoughts are that it is not a crystallized debt and a claim that should not be admitted on the estate. Am I correct?.
response from Ann Clarke (Nov 19/2001) |
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I have a loan and two maxed credit cards. The creditors are taking out money from my bank account and I want to file for bankruptcy. Can I do this?
response from Ann Clarke (Nov 19/2001) |
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I am writing to see if I can declare bankruptcy on my two loans. One is a Canada Student loan and the other is an Ontario Student loan. They are now at least 6 years old and I have tried credit counselling.
response from Ann Clarke (Nov 14/2001) |
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My daughter has been approached by her credit card's finacial department and they said that they would be garnishing her wages if she didn't come up with $1600.00 or they would take her to litigation. If she claimed bankruptcy would she be better off?
response from Ann Clarke (Nov 14/2001) |
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From my past marriage I have debts of around 12K and cannot afford to pay them back with the minimum wage job I have. I have been advised by companies to file for bankcruptcy and I would like to know how you go about this, how much it costs, pros and cons, etc.
response from Ann Clarke (Nov 14/2001) |
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I just recently started my own landscaping company in April of 2000. I am going to be snowplowing residential homes this upcoming winter. I found a small truck, and I need a small loan of about $5000 to buy this truck. I presently don't have any credit, possibly I might have bad credit. I want to know how to get this small loan, or if it is even possible to get.
response from Ann Clarke (Nov 14/2001) |
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I am an Ontario permanent Resident. I am wondering If I can claim personal Bankrupty on my Ontario Highway traffic fines of about $8,000, my student load of $7,000 and Visa's $2,300. I am unable to make any minimum payments. How long does it talk to start building credit again, if possible? Does it affect going on Co-op since I am still in school? Can they come after me when I get a job? Am I still able to apply for unemployment when I have got enough hours to apply?
response from Ann Clarke (Nov 14/2001) |
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I am not a Canadian permanent resident, and I hold worker visa to enter Canada. After several years working here, I got fired from my job. Because no more job, I am thinking go back home. I have some credit cards here. Currently, I have quite a lot of bills that need to be paid. Unfortunately, I can't afford to pay them anymore. So, if I just leave Canada, will those credit card companies come after me when I am in my country? Will this affect me getting into Canada in the future? Also, would you please tell me what would happen to me if I just leave Canada without paying the credit card bills? Thank you.
response from Ann Clarke (Nov 8/2001) |
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I am looking for info on how to bankrupt my Alberta numbered company.
response from Ann Clarke (Nov 7/2001) |
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I have student loans from the last 3-4 years. I just finished school this year and can't find a full time job yet, working part-time only. Can I file for bankruptcy or is there a period of time I should wait?
response from Ann Clarke (Nov 7/2001) |
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I am considering a divorce and to start fresh I am intending to file for bankruptcy. What should happen first?
response from Ann Clarke (Oct 29/2001) |
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My assets are very few but I do have some breeding animals which I had to use as collateral in a large debt owed some years ago. The sale of any of these animals or their offspring must go to paying off this large debt in addition to regular payments which must be made regardless, as per the agreement. My question is, if I declare bankruptcy, do I lose the animals? Can I
choose to keep paying off this debt and then regain rights to the animals
when it is paid or will they be sold to pay on my other debts? I used
these animals to help earn income for my family so they do serve as a
type of business for me. As per the re-payment agreement, it will still
be more than two years before the debt would be settled.
response from Ann Clarke (Oct 29/2001) |
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Is it possible to own a home or purchase a home while still in the 9 month period of Bankruptcy?
response from Ann Clarke (Oct 23/2001) |
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My student loan is around 23K, and has been outstanding since 1986 or so. I recently took a Brokerage course; would that affect me if I claimed bankruptcy?
Have attempted to make a payments to the credit recovery people, but
can't seem to afford them regularly. Present job, Taxi driver. Thanks in advance for opinions?
response from Ann Clarke (Oct 17/2001) |
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Is it against the law to cash an RSP account and then file for bankruptcy?
response from Ann Clarke (Oct 13/2001) |
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I was discharged from personal bankruptcy in 95,(failed business) and in the 6 yrs since I have been battling an addiction problem, one that I think I can say is now sorted out. The problem is, in those past 6 yrs, I've not filed or paid income tax(Revenue Canada has seized my bank account). I had re-established my credit quite well but a good substance addiction can really cure that. I'm now in bad standing with a few major credit cards and banks. I've not delt with any of this in quite some time (fear I guess), and I'm wanting to get my life in order now. My question is: should I declare again, and what if any consequences could I expect for not keeping proper records since last discharge, and not filing tax? Is this the way for me to go(declaring again)?
response from Ann Clarke (Oct 13/2001) |
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I was wondering how much it is to file bankruptcy. How long
before I can start to re-establish my credit? Is there any info I need to know before I file for this? Where are you located in Edmonton, if I need further information?
response from Ann Clarke (Oct 9/2001) |
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In 1991 I filed bankrupcty in Manitoba. It was my uderstanding that I had been discharged in around September of that year. I have since found out that the Trustee had passed away, and the paper work was never properly filed. It had vanished from my bureau but showed up this year as an Undischarged bankrupcty. I called back to the Manitoba court house, and they gave me the name of the Trustee who had taken over his work, but they noted that the new trustee had filed for a discharge. I called the new trustee who advised that the files are most likley destroyed due to the age.
I called the court back and they said I would have to make a new
application for discharge. My question is there any way I can do this from Alberta, and although the court says they can get me the creditor list that I would need to serve. I'm dispaointed that this may have to now sit back on my credit file, again for 7 years just because the paper work got messed up during the death of my origianl Trustee. What are my options?
response from Ann Clarke (Oct 9/2001) |
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I was discharged from Bankruptcy in April of 2001. My Trustee's office then advised me that I would not be receiving my G.S.T. personal rebates for some time. They claim this is because they are still 'working' on my file even though I've been discharged by the courts and I have my discharge papers. They say that until they are finished working on my file, I will not receive the rebate cheques... and that this process could take up to one year from the date of discharge. The G.S.T. rebates that arrive in the meantime are going straight to the Trustee's office and they are keeping this money in the estate (so they say) because it is not 'really' closed. Does this sound normal to you? Is this a normal practice?
response from Ann Clarke (Oct 9/2001) |
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We filed a chapter 13 bancrupcty alomst 5 years ago. Recently I have gotten sick and cannot work to my full potential. Are we allowed to file again? If so when?
response from Ann Clarke (Sept 10/2001) |
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I am not a US permanet residence, but I have few credit cards here. Currently, I have quite a lot of bills need to be paid. Unfortunately, I can't afford to pay it anymore. So, if I just leave US, are those credit cards company will go after me when I am in my country? Is this will affect me to get in to US in the future? Also, would you please tell me what would happen to me if I just leave US without paying the credit card bills? Thanks
response from Ann Clarke (Sept 10/2001) |
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I own a small limited company that is in financial trouble due to a slow summer. I plan on closing the business but I don't have enough liquid assets to cover the outstanding debts. Some of my suppliers want the inventory I have back but I don't have enough in stock to cover what I owe them. Also, I have a large overdraft at my bank with a loan that is compounding my problems. I am personally liable for the bank debts and there is a cosigner on them as well. What options do I have?
response from Ann Clarke (Sept 10/2001) |
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I have been paying Canada Savings Bonds through my work since November of last year. They deduct money from each paycheque. My bonds are not matured until November, so I do not currently have any access to them. If I declare bankruptcy now, would I have to give the Bonds to my creditors in November? What if I chose not to cash in my bonds at this time? Or could I file for bankruptcy after the bonds have matured?
response from Ann Clarke (Sept 7/2001) |
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I leased a car in March 2001 from a company that specializes in leasing cars to people with bad credit. Now my debts have added up and there is no way I make all my payments every month. I WANT to get rid of my vehicle if I make a proposal or declare bankruptcy. What happens in this case? Will I have to keep my vehicle and make my monthly payments still because it is a secured debt? It is my car that is giving my the financial problems in the first place. I would be fine without it.
response from Ann Clarke (Sept 6/2001) |
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My husband and I filed for bankruptcy this year. There were a number of reasons why we filed. We felt this would be the best way. Anyways, my question is this: I would like to know how long we would have to wait to get approved for our first time home owners' loan? Could we get approved to buy a house? A house that is around the 120,000 range?
response from Ann Clarke (Sept 5/2001) |
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I had a discharged bankruptcy record since 1996. So, now it was about 5 years ago. Now, I had a very stable job and strong income for more than 3 years. During the past 3 years, I was trying to re-establish my credit rating by paying by bills on a regular basis and I had a TD Visa card for close to 3 years with good rating.
Now, I am trying to buy a house by obtaining a mortgage from the major bank. I am afraid that the bank would turn down my mortgage application, since the bankruptcy record lasts for 6 years long, which I am still 1 year short for that period.
So, would the bank usually offering a mortgage to a person like me that has a past bankrupt experience? I am confident that now am having pretty strong and stable income, but I am still a bit afraid that they will turn down my request for a mortgage. What would I do in this case?
Thanks a lot.
response from Ann Clarke (Aug 28/2001) |
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After filing for bankrupcy is it possible to lease a new car, rent an apartment or even get on with life?
response from Ann Clarke (Aug 22/2001) |
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My parents GAVE me a house as part of their will. (They are still alive and the title of the house is under their name). The house was given to me 3 years ago and this year they have said that as soon as I pay off the taxes (which I have let get to $3500) they will transfer the house into my name. The problem is I can't seem to get it paid off!! I also have bad credit which I have been working at to improve. The house is free and clear from a mortgage, and my spouse and I would like to get this cleared up before we ruin my parents name (if we haven't already). Is there any lending institution that will be willing to take us on for a $6000 loan to get everything back in order? Please help!
response from Ann Clarke (Aug 13/2001) |
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I was divorced in 1995 I moved and gave up my first business, my wife had destroyed all of my financial records shortly after sending the records to the bookeeper she had made a floppy and sent it to my address had mentioned I would owe 3500 for one year and $7500 the second. Since this time and a bit of neglect I managed to get over things and received bank records of those two years, but have no write-off receipts. My time had expired to appeal although we did anyhow. my tax debt is now at about $80,000.00 with tons of interest, after several calls trying to reach a fair settlement revenue canada chooses to ignore, I have started a new business which is doing well and have been avoiding payment to the agency. But enough is enough, they are not going to help me and the tax debts keep rising. What can I do as I cannot afford to pay this kind of debt?
response from Ann Clarke (Aug 13/2001) |
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What is a Division I proposal? My husband and I filed bankruptcy in 1998. We know that we can't file again for 10 years. We have found ourselves in financial hardship again, due to our 7 year old daughter being diagnosed with diabetes. Medical bills and her medical needs, food, insulin, needles, etc. We have a few bad checks that we owe, which we wrote in order to get her food or supplies. Do we have any other options?
response from Ann Clarke (Aug 10/2001) |
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I just went to court on Monday for chapter 7 bankruptcy. I want to move out of my home to an apartment. Do I really need to be discharged in order to move? My realtor
is also trying to sell my home. The mortgage company told me that I
could sell it. What are my options? I want to move by September 1st.
response from Ann Clarke (Aug 8/2001) |
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I have been thinking about bankruptcy for awhile now. Everyone tells me not to, and that it will look horrible on my record and that they don't recommend it. Horrible it is all right, the feeling I get after seeing my money all go into payments towards my credit cards. Bankruptcy would only alleviate my debts thus leaving me only those loans I owe to my mother. I got a loan of $20,000 to buy a car (which I used) and owe about $7,000 in credit cards. What I make monthly is just enough to pay the minumum payments, my debts keep growing. Will claiming bankruptcy help me a bit, even if it takes time to get back on my feet or will it make it just worse?
response from Ann Clarke (Aug 7/2001) |
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I have a couple of credit cards that are in my name, although I remember my wife signing the credit application. There are other debts involved. My budget looks like this: net monthly income= $2300; net monthly payments less food and gas = $2100. Looks like a B situation, right? Should my wife and I both file bankruptcy?
response from Ann Clarke (Aug 7/2001) |
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Question re: Bankruptcy Act Clause 208: Time within which prosecutions are to be commenced ...
response from Ann Clarke (Aug 7/2001) |
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To start, it is my understanding that one married spouse can declare bankruptcy without impacting the assets of the other married spouse. If true, what about common-law spouses? ...
response from Ann Clarke (Aug 7/2001) |
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When I was 18, I made some really bad choices and wrote bad checks to my banks. I also have about 10,000 in additional unsecured debts. I am a mom of three now and don't know where to even start paying back my damage. What would you suggest my options are? Thanks.
response from Ann Clarke (Aug 7/2001) |
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I filed bankruptcy in 1995 before I was married. I married 5 years ago, and my husband and I are in trouble with money. Before I was married I had started rebuilding my credit so I had 2 credit cards that were in my name. My question is, since I have already filed, I know I cannot file again for 10 yrs, but can my husband file? Can the cards that are still in my name be put over onto his claim?
response from Ann Clarke (Aug 7/2001) |
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I have been living in Alberta for the last 8 years, during which I have accumulated approximately 20,000 in debt. Because I can no longer pay even the minimum payments or even pay rent, I have decided to move back to Ontario with my parents. I was going to file an OPD but my father said it would be in my best interest to file for bankruptcy (as I can not afford to even pay the OPD payments) It is now August and I am moving to Ontario in September, all my debts are in Alberta ... where should I file? If I file now in Alberta will I be able to be on my way by mid September? Please help, I need to figure this out soon.
response from Ann Clarke (Aug 2/2001) |
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I have a mortgage on our home and wondering if I should reimburse my morgage (at anniversary with no penalty) or make my yearly RRSP contribution towards diminishing my income tax. Any ideas or suggestions on this matter?
response from Ann Clarke (July 31/2001) |
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I'm living common-law and all the debts other than one are in my name. Do I have to put my spouse down or can I go it alone?
response from Ann Clarke (July 31/2001) |
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I am married and have one child. Both my wife and I have heavy student loans with a combined monthly payment of $400. Our unsecured loans are approximately $20000. We have a secured loan, for our car that we use to get to and from work, for approximately $11000 with a monthly payment of $400. Our combined monthly net income is $3500. Can we keep the car if we claim bankruptcy? How much of our net income are we allowed to keep?
response from Ann Clarke (July 26/2001) |
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I have a debt that has gone to collections. The lady at the Collection agency that calls me can be very mean and insulting. She often will raise her voice and yell at me. I feel very uncomfortable talking to her. Am I able to ask for another agent to deal with? Do I have any other rights that are being violated in this situation?
response from Ann Clarke (July 19/2001) |
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If it is $975.00 for an individual to claim bankruptcy, how much is it for a couple to file jointly?
response from Ann Clarke (July 13/2001) |
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My husband and I each filed Division I Proposals in April of this year, which were accepted by the creditors. Does it still show as a bankruptcy with the Credit Bureau, or do they specify that it is a Division I Credit Proposal? How long will that show with the Credit Bureau?
response from Ann Clarke (July 13/2001) |
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If I file for Bankrupcy, how long will it be on my credit rating?
response from Ann Clarke (June 27/2001) |
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If I declare bancrupcy, how does this affect my spouse and any credit rating they might have? Can I file without them filing? Would declaring have any effect on the type of job I can have (ie. in financial institutes, etc)?
response from Ann Clarke (June 26/2001) |
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My bother will be visiting me from B.C. this next couple of weeks and I've suggested to him that one of his options is to file for bankruptcy. What is the difference in the rules in Alberta vs british columbia? He resides in Burnaby and works real estate in the lower main land. Is there a number for B.C. information, and are the rules and advice of Trustee's in B.C., similar to the type of agency you provide to the residents of Alberta? Thank you in advance for any information.
response from Ann Clarke (June 26/2001) |
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I have been running a small construction company for 6 years, with little or no administrative experience. Revenue Canada has finally caught up to me and assessed me with almost 50,000 in debts; even for GST that I never collected yet they say I owe. As well, I have approximately $20,000 in personal debt. For almost two years I have been on salary for a company that a family member runs, as they have the office experience to do the books properly and remit all moneys to government agencies. I am locked in to a $1,200 to $1,600 a month salary and have agreed to pay Revenue Canada portions to prevent them from garnishee. Should I declare bankruptcy, should i wait a year until my university loans are 10 years old, and make monthly payments till then? Does bankruptcy affect the family members' company that I am working for? So many questions please help me?
response from Ann Clarke (June 21/2001) |
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What are the general guidelines if you are permanently disabled, your ratios don't work out and you want to file a proposal or OPD-consolidation since you don't want to file bankruptcy as much as humanly possible? My income hasn't gone up within ten years, on CPP disability pension. Pay approx $400-$500 a month in medication and get some money back from a drug plan almost two months after the expense is incurred. Have an excellent credit history R1 and have had credit card companies just send me pre-approved credit cards without applying for them. This has helped me cover my expenses over time but the balances have continually gone up. Used to own a house, sold it for health reasons a while ago. Married, wife now earns less money than she used to to have more time attending to me and our children. We have always believed our debts are to be paid since we incurred them but it is now starting to become evident that this is a downward cycle. My wife has had to take time off since her doctor said she couldnt drive due to vertigo and other health problems. Thank you in advance for your advice.
response from Ann Clarke (June 19/2001) |
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Me and my husband have filed bankruptcy, and now I want to get a divorce. We do have things in our names together, even though he is the only one working. How does that work?
response from Ann Clarke (June 19/2001) |
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I am approximately
$25,000 in debt. How will it affect my spouse, if I filed for chapter 7, 11, or 13?
response from Ann Clarke (June 19/2001) |
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I had 2 heart attacks, I live in Ontario, I'm on CPP disability $496.00 a month. I have credit card debt of $15,000. I was using one to pay another and to live, now its over my head. I'm part owner in a house, roommates only, getting taken to court on 1 card. At present, I don't know what to do. I called 2 cards and they will not hold s.charges on account or lower mpayments. If I declare bankrupcy what happens to the house. My kids have been helping out but they have their own bills. Please advise me. Can I transfer over my part of the house to my son, who has lent me so much money I'll never be able to repay?
response from Ann Clarke (June 19/2001) |
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I'm in the process of a personal bankruptcy. The company I work for wants to give me a credit card with my name for the purchases and business travel I made for it. I want to know if they are going to know after my bankruptcy..
response from Ann Clarke (June 12/2001) |
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If I file bankruptcy will it affect my husband's credit rating? We at this time have no joint debt. We have been married for just over a year and I had previous debts that I need to take care of now and was wonderering if bankruptcy is for me.
response from Ann Clarke (June 12/2001) |
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I am in sales and as such have a leased vehicle. What happens to this lease vehicle when I file for bankrupcy,as the vehicle is needed in oder for me to earn a living?
response from Ann Clarke (May 30/2001) |
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My ex-fiance took out a personal loan for 4000 dollars two years ago and I was a co-borrower. Meanwhile after splitting up, he has declared chapter seven bankrupcy. Am I responsible for this loan now? If so, is there anyway to get money from him legally?
response from Ann Clarke (May 28/2001) |
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I owe about 5,000 in credit card bills in addition to 15,000 in student loan payments. I am having trouble making the payments at the moment and have had credit delinquincies in the past months. Can you tell me what the best course of action would be? I would like to get a loan and pay off my credit cards. The student loan I can handle.
response from Ann Clarke (May 23/2001) |
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I have been a resident of Alberta since 1989 and in Feb of this year moved to the USA. Since being there I have been unable to secure a work visa and so my debt load is climbing and climbing. I have just married and filed for immigration papers for US. I have credit card debt and a car loan and am unable to make payments now. What are my options?
response from Ann Clarke (May 23/2001) |
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In 1997, we purchased a truck. After we signed a contract and walked off the lot, the dealership sold the loan ...
response from Ann Clarke (May 23/2001) |
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I was told by a bankruptcy lawyer that I could not file my student loans in the bankrupcty. Is there any help in paying back these loans without accruing interest?
response from Ann Clarke (May 22/2001) |
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I see reference for base level in family situations. What is the base level for a single person with no dependents? Is that figure the gross amount of their monthly wage/salary or is it the net amount after statuatory deductions?
response from Ann Clarke (May 22/2001) |
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How long do you have to be in Alberta to go bankrupt?
response from Ann Clarke (May 22/2001) |
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Currently my father is in about $50,000 worth of debt to credit card and department stores. We purchased a house 1 year ago that me and my mom are also co-owners of (our names are included in the bank to be able to get the mortgage). This house is our principle residence. If he declares bankrupcy, will we lose the house and will he be free of the $50000 worth of debt?
response from Ann Clarke (May 22/2001) |
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I am 21 years old and I have a debt accumulated of approxamatley $65,000. I owe all this money to visa/m/c $25,000 and the rest to the Associates and Avco etc. I am not even able to pay my minimum payments anymore as the interest is so high. If I claim bankruptcy, will this eliminate my debts to the Associates and Avco? None of the debts to these companys are loans, they are all store purchases that they have financed. I have since been selling my assets (TV's, VCR's, and computers, etc) off to try to pay for my debts. What does the discharge period mean? If I file for bankruptcy, will I be eligable for a government student loan?
response from Ann Clarke (May 17/2001) |
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I am currently in bankruptcy and due to be discharged in October, 2001. I was wondering what the best way to build credit would be? I will be graduating university this April and would like to get off to a good start in terms of house-buying and car-leasing. Also, I work for a professional company in which I travel for time to time. They expect me to charge my hotel rooms and transportation expenses to my credit card and they will reimburse me. I really need to get a card with at least a $500 or $1000 limit for this purpose. Any suggestions?
response from Ann Clarke (May 16/2001) |
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What if you declare bankruptcy and before you are discharged you have problems with collectors for new bills you are having trouble with?
response from Ann Clarke (May 16/2001) |
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I heard that my ex-boyfriend declared bankruptcy in March 2001. I have heard that he did not file prior tax returns, he owed Alberta Health Care almost $600, at least two months' apartment rent totalling $2,300 and he had five credit cards maxed out. He thought nothing of dropping $500 a visit at the casino, $20 a week on lottery tickets, he ate out most nights, bought all new furniture, went to concerts and hockey games, vacationed in Texas and Florida and spent many weekends away (ranches, horseriding, etc.) He rented a luxury 2-bedroom apartment with 2 parking spaces (he lived on his own). Life was one big holiday and he often bragged that "if he wanted anything, he would just go out and buy it". He finally declared bankruptcy when he could no longer obtain credit. I know that he investigated bankruptcy some 9 or 10 months before he applied so it appears that all this was planned. My question is this: Why should he be allowed to have all his debts written off? It is not fair to the rest of us who pay our taxes, rent and bills. As some of the credit cards may have been obtained while he was unemployed, would the credit companies check his application? Will they look at his spending habits, as catalogued on his credit card statements, and see that he spent $100's every day on food, alcohol and entertainment?
response from Ann Clarke (May 16/2001) |
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How long after filing bankruptcy do I have to wait to buy a new truck or car?
response from Ann Clarke (May 16/2001) |
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Thanks in advance for any guidance you can impart... I went bankrupt for the 2nd time in 1992 and was subsequently conditionally discharged. The condition was that I pay $5000 to my Trustee (I assume to be dispersed to my creditors). Problem is that I have NOT paid a dime of this money, and have had little or no contact with the Trustee since the conditional discharge was granted. My question is: what kind of trouble am I in, and, how can I "get out" of this trouble? I would prefer to pursue a remedy personally (i.e., application to the Court, etc.)
response from Ann Clarke (May 16/2001) |
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Where can I find a similar service for questions and answers in Ontario? If I am an Ontario discharged bankrupt and I had an interest in a BC property, which I did not disclose at the time of my bankruptcy, can I sue 1.5 years after obtaining my absolute discharge, to obtain the asset, on my own or with the Trustee as co-plaintiff?
response from Ann Clarke (May 16/2001) |
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I am an unsecured creditor of a bankrupt's estate and learned 2 years after the bankrupt obtained an absolute discharge that he failed to disclose a previous bankruptcy, and also failed to disclose a large asset in his Statement of Affairs. I notified the Trustee, but he says he is discharged himself and had done nothing to take actions against the bankrupt for the past 2 years, since my complaint. I have now learned the bankrupt began a new business without the knowledge of the Trustee during the period of his bankruptcy. Still the Trustee will do nothing. Should this bankrupt not be returned to bankruptcy and charges of fraud be laid under the Bankruptcy Act and with the RCMP?
response from Ann Clarke (May 16/2001) |
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What legislation is there available in Alberta about child custody in a common law relationship? If the relationship breaks up does the mother get custody?
response from Ann Clarke (May 10/2001) |
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My question is, while you are going through bankruptcy, and want to do your income tax, if you get a refund do you lose it? Or could you wait to file after the bankruptcy is over?
response from Ann Clarke (May 10/2001) |
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I am currently in a huge financial mess, and probably have to declare personal bankruptcy soon. However, My fiance and I are going to get married in about three months. My question is, if I declare personal bankruptcy and then get married, since my fiance and her family have agreed to cover the total cost of the wedding, would this have any affect on her part or mine in any way? Would she be held responsible for my action in any way?
response from Ann Clarke (May 10/2001) |
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My husband claimed bankrupcy and has been discharged. I thought we were told that only half of our bills would be my responsibility. Since we are now in a position to pay some bills, I wanted to know how much I have to pay. Is it all of the money owing or only half?
response from Ann Clarke (May 9/2001) |
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I was wondering if you would have student loan bankruptcy advice in the case where the student loan was used to obtain an asset (computer) through a learn at home program. The program was a complete misadvertisement and my name is inked to a student loan to cover it. What options do I have?
response from Ann Clarke (May 9/2001) |
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Do you or do you know of anyone who would give out a loan for backtaxes owing in the amount $15000? and what type of payments over
4 years plus interest would you be looking at?
response from Ann Clarke (May 7/2001) |
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How many times is a person allowed personal bankruptcy? To what date preceding the bankruptcy can one obtain credit? e.g. (Charge $200 at a grocerier May 19, and then file on May 20.) Can a person legally go bankrupt knowing the spouse will be receiving monies within two months of filing, adaquetly covering the amount the person filed? The debts were equally incurred but only under the name of the bankrupt?
response from Ann Clarke (May 7/2001) |
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I owe the Alberta Government (Alberta Health Care)18000 dollars. They have a lien on my property which I own jointly with the wife. Have tried paying them, but every time I do they add another writ on the place. There is no way to catch up. What is the staue of limitations on the debt? Or what is the best course of action against them?
response from Ann Clarke (May 7/2001) |
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If I filed for bankruptcy 2 years ago and received money from a personal lawsuit recently, do I have to give this money to the bankruptcy trustee? The lawsuit was pending at the time of filing. I received a notice of discharge about a year ago?
response from Ann Clarke (May 7/2001) |
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I am currently in debt of $30,000.00 and can't seem to get ahead. I am sole proprietor of buissiness that went broke. I have unsecured loan at bank for $13,000.00 and credit cards of approx $10,000.00. My suppliers have frozen credit for material so I can't do any major work. I have no cash flow and can't seem to get on line with these outstanding debts. I owe suppliers approx. $7,000.00. I am in a common law relationship, but these debts are soley mine and my partner is unaware of the extent of them. Can I file for bankruptcy without affecting her? She is on permanent disabilty insurance and has a zero taxable income?
response from Ann Clarke (May 3/2001) |
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Is it possible to file a bankruptcy for student loans due to hardship?
response from Ann Clarke (May 3/2001) |
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A Gold Digger I just had the fortune of having a common-law relationship with pulled another fast one.
This woman and her husband were so far in debt, mostly jointly through home,
vehicles, etc. However, she had also operated a Driver Training School for 3
years which was in the hole. As fate would have it, she moved in with me
(for a 7 month period)...., filed for a divorce (which incidently was never
followed through on), got a job with the Police (photo-radar), put a
restraining order on her husband and filed bankruptcy. Naturally, he had
the majority of the property and assests as the divrocee settlement hadn't
gone through. Four days from leaving my house, she moves back in with him, he buys a new house just out of town. Is this legal, or is this FRAUD with a Capital F? Also, the day she filed bankruptcy, she also picked up $4000 worth of stereo equipment that she had co-signed for in place of her son, she had already filed about 1 in the afternoon, but the stereo was still at the shop, about 6:00 PM she walked in and picked it up, she had already filed bankruptcy. Again, is this LEGAL?
response from Ann Clarke (April 27/2001) |
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I have a vehicle on which I owe $19000. The vehicle is only worth $14000. I am currently out of work and struggling to make my payments which are $375 per month. Can I have the bank repossess the car and not be liable for the difference of $5000? Can I do this without claiming bankruptcy, or would it be better for me to claim bankruptcy?
response from Ann Clarke (April 25/2001) |
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My mom is on Social assistance and managed to get her hands on a Visa. She was fraudulant about her job and income. Is she still able to claim bankruptcy?
response from Ann Clarke (April 23/2001) |
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I have a friend in Alberta who has been separated from his wife for over a year, but is not divorced. If she files for personal bankruptcy, can they go after him for payment? Does it depend on whether the debts were incurred while they were together or since they've been apart? Does it matter whether the debts are just in her name? Can this affect his credit rating in any way?
response from Ann Clarke (April 21/2001) |
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My wife and I are considering bankruptcy. I am a teacher and I was wondering if it would affect my accreditation? Also, I have a computer that I use for work (lesson plans, etc.). Could the computer be considered as tools for income? I am up to date on my car payments as well as a secured loan from the Associates in which I have listed nearly all of my belongings (furniture, etc.) Is this exempt?
response from Ann Clarke (April 17/2001) |
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My husband and I met with a Bankruptcy trustee just over 3 years ago and were told that because our income level is so low that we did not "need" to declare bankruptcy, as my wages could not be garnished until we are above a certain level. My husband does not work and we still receive a supplement from Social Services (welfare), making a total monthly income for a family of 4 of $1600.00 to $1700.00. A creditor is now threatening to garnish 1/3 of my wages. Can he legally do this? If not, what do I need to do to stop them?
response from Ann Clarke (April 17/2001) |
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We filed joint bankruptcy in Alberta in Sept 94 and were discharged June 25/95. Some of the creditors involved in the bankruptcy continue to report R9 status on debts that were included in the Bankruptcy. Why can they continue to post this information? We purposefully have not had any financial dealing with the companies involved to ensure there is no confusion. We feel this is erroneous information on the bureau report but attempts to contact Equifax have been completely ignored by Equifax. Is there an official way to clean up this report?
response from Ann Clarke (April 16/2001) |
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If the debtor's car is leased as well as their computer, are they able to keep paying those creditors outside of the bankruptcy in order to keep the car and the computer. The cars value is about $17,000.
response from Ann Clarke (April 16/2001) |
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I claimed bankruptcy in 1996 and was discharged that same year. Although we have turned things around, I found out recently that 2 student loans (included in the bankruptcy) are now showing-up on my credit record as R9's. Did the new 1997 act make it possible to go back in 1996 bankruptcy cases? The Discharge certificate is dated Nov 21st, 1996.
response from Ann Clarke (April 16/2001) |
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The person that is handling my account is threatening to take me to court if I don't pay the amount that they want. I am going to try and pay some amount. She doesn't want to accept it. She said that if her collection agency takes me to court, they will add all the legal fees they have to pay and make me pay it on top of what my debt is. Can they do this? Also, I use my car to get to work and I got it after so many years after my loan so the loan that went to the collection agency must have been unsecured. It is being financed privately. I owe approximately 8000 still. Can this be taken away from me if I would be taken to court?
response from Ann Clarke (April 10/2001) |
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I have credit which was rated a "9" from what a financial advisor told me, do you know of any place that may give me a loan so I can pay off a debt?
response from Ann Clarke (April 10/2001) |
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Is there anything a collection agency can do if I am trying to make a reasonable monthly payment and they won't accept it because they want more? Can they still take me to court, garnish wages or repossess the car I am financing?
response from Ann Clarke (April 10/2001) |
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My ex-husband said he is claiming bankrupcy, however, there are bills that are in my name that he was supposed to put into his name only and hasn't done so. I have the divorce papers that say he was putting them in his name. If he claims, will I have to pay them?
response from Ann Clarke (April 9/2001) |
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What does it mean when it says a bankruptcy has been dischared?
response from Ann Clarke (April 6/2001) |
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I live with my common law wife and our son. If I go bankrupt and she has not signed for any of the debt, can creditors pursue her and does my bankruptcy affect her credit rating?
response from Ann Clarke (April 5/2001) |
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When you claim bankruptcy, what happens to the money you owe to the government for income taxes and GST? Do you still have to pay this?
response from Ann Clarke (April 3/2001) |
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My spouse is considering bankruptcy - he has loans in excess of 40K (I did not co-sign) ... Can he go bankrupt without me doing so? If he does and I don't, what is done with the joint debts? Will I be held responsible for the overdraft created by the bank for his loan payments? ...
response from Ann Clarke (April 3/2001) |
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Could you please tell me how a person currently living outside of Canada can go about filing for Bankruptcy?
response from Ann Clarke (April 3/2001) |
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Due to the boom and bust (mostly bust) job cycle in Atlantic Canada, I accumulated $46,000 in unsecured debt. Even with a well-paying job in the US (my cost of living is high), I can't make the payments. I own a small home with about $5000 in equity in the US. If I declare bankruptcy in Canada, can I exclude the secured loan? I can make payments on that, it's the unsecured debt that's killing me. Is my US property (and credit rating) safe? ?
response from Ann Clarke (April 3/2001) |
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My husband and I now live in a Northern Native village where my husband is posted as an RCMP officer and I am not working. We both have our own student loans and we have just about completed paying off all of our credit cards. Our Canada student loans are coming due. My husband owes $34000 and I owe $46000. It is my understanding that you cannot declare bankruptcy on student loans. What can we do?
response from Ann Clarke (April 3/2001) |
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If I filed bankruptcy would that affect my citizen petition?
response from Ann Clarke (April 2/2001) |
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We live in Alberta. My husband was a partner in a small business which has since gone under and the main proprietor has died. The company is being sued for a tremendous amount of money and the lawsuit names my husband as part of the lawsuit. If we lose the lawsuit and he has no assets in his name should he declare bankruptcy? If he does declare bankruptcy will I be affected if everything is in my name?
response from Shane Brenneis (April 2/2001) |
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My husband and I filed bankruptcy in 1999 and were discharged in May 2000. My file was closed in October 2000 and his was closed in Jan 2001. My question is, will Revenue Canada keep either his or my tax return when we file our 2000 taxes, as we did file bankruptcy with tax owing? How long does it take the registrar of bankruptcy to submit the discharge to Revenue Canada so that GST etc will be sent to us and not the Trustee?
response from Shane Brenneis (April 2/2001) |
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Would my students loans be affected if I file bankruptcy?
response from Ann Clarke (April 2/2001) |
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I have a debt of $4,000. Can I file bankruptcy?
response from Shane Brenneis (April 2/2001) |
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How many unsecured creditors would it take to petition the court for an involuntary bankruptcy in Alberta ? I am the principal in a company that has an outstanding amount owed to them by an Alberta corporation, and was wondering how difficult it would be to push the company into bankruptcy.
response from Shane Brenneis (April 2/2001) |
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Hello, me and my wife are farming, and the farm is in my personal name. I recently received a notice of intent to realize on the security. I did sign a personal garentee to a laon and it concerns a mortgage. As the farm does not do well, we consider bankrupty. I have my herd as security but because of different reasons the numbers are far from being there. Is this considered fraud, and do they sell all our furniture and house hold to pay creditors?
response from Shane Brenneis (April 2/2001) |
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I have not done Income Tax returns since 1993 and owe Associates loans of 9K and other credit cards 8K. I have just finished school and am seeking employment. I have only $200 left and job prospects are not looking up as yet. If I used household itmes for the Assosciates loan can they take them if I file bankrupcy?
response from Ann Clarke (Mar 31/2001) |
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I live with my boyfriend and he is considering declaring personal bankruptcy. In an attempt to initally try to help him out of debt, I have loaned him money from my own savings to help him pay bills. Once he declares bankruptcy, will he be able to repay me for any of this? I thought I read that personal debts to friends and family cannot be paid during bankruptcy.
response from Ann Clarke (Mar 29/2001) |
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Is there anyway I can find out what I really owe, without letting my creditors know what I'm up too? I don't want more calls from other
creditors. How could I pay the bankruptcy fee out of the little I get? I heard somewhere that there is a limit on how long a creditor can pursue you? Is that true for Albertans? What's that time? It's been almost 3 years since this started. Is there any way to get creditors to stop phoning my previous neighbors or my grandparents, etc? Can they go after my children that have left home? Is an old computer considered under the clause of $4000 for furniture? What is the "base" level for a family of 3?
response from Shane Brenneis (Mar 15/2001) |
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Today I owe about $12,000 to Revenue Canada. Recently I ran into some money and want to pay Revenue Canada some of what I owe them, but still would like to know if it's possible for me to purchase a home. Should I go to a bank and arrange to pay back to Revenue Canada and still be able to get a loan for a house? I am self employed.
response from Shane Brenneis (Mar 12/2001) |
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I have a ten year old Canada Student Loan currently assigned to a collection agency. Although I have made payments I still owe approximately $5000. I have offered to make a lump sum "settlement" payment of $3000 which they have refused, claiming they can only accept payment in full. Is there a statute of limitations regarding how long the Government and/or collection agency can sue me for the remaining money? Is there any precedent for Human Resources Canada accepting a settlement?
response from Shane Brenneis (Feb 28/2001) |
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Could you tell me where I can get help to file bankruptcy in Stratford, Ontario?
response from Shane Brenneis (Feb 28/2001) |
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I receive monthly disbursemnts of $770/month for roughly 9 years as a result of my disability. I have a debt load of over $12000 and a majority of this debt is a result of supplements and education expenses. I
receive payments from the Acquired Income for the Severely Handicapped
program and I wanted to know if I could qualify for interest relief like a low interest loan.
response from Shane Brenneis (Feb 28/2001) |
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I have recently been in a car accident where I had no insurance on my car. If I were to claim bankruptcy does it erase all claims made against me in court as well as any fines incured? Also I work as a carpenter but have not been able to retain a secure job for the past few years. I missed 3 years of filing my taxes but had no income to claim for each of these years. Will this affect my bankruptcy claim?
response from Shane Brenneis (Jan 5/2001) |
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I filed a consumer proposal in 1999 and paid it off last year. The Trustee charged me his fee. Can I claim any of these fees or expenses on my income tax as deductions, and where would I claim them if I can?
response from Shane Brenneis (Jan 5/2001) |
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My boyfriend got into an accident with my car, which was not insured at the time and the damage is $13,502.00. The the insurance companies want him to pay for this. Can he declare bankruptcy, and if he does will the insurance companies come after me?
response from Shane Brenneis (Jan 5/2001)
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