bankruptcy alberta
    Province of Alberta Bankruptcy Forum

Author:   Les
Date:   July 12, 2003
Question:  

In 1994 I was involved in a small fender bender. At the time I was not driving my own vehicle and the vehicle I was driving was not insured. A few months after the accident I was served papers that I was being sued for damages. At the time I had some debts and was told that if I filed for bankruptcy that any judgements passed against me would be covered in the bankruptcy. I have since been discharged from that bankruptcy. In 2000 the accident was settled and a judgement was filed against me for $195,000. I thought that the previous bankruptcy was supposed to take care of this but I am now told different. I am having a hard time now because of an injury and have been unable to work. Without a steady income I was unable to pay my monthly "Judgement" fee and therefore they suspended my licence. So now I'm in a catch 22 because I can't go back to work without a licence because I have no transportation. I live in Spruce Grove and there is not even a bus that will take me into the city to work. So the question - If I file for bankruptcy again will it cover the judgement or should that judgement have been covered in the first place? Thanks for any advice.

 


From:
 

Ann Clarke, Alger & Associates Inc.
Date:   July 14, 2003
Answer:  

Your bankruptcy after the accident would have legally discharged you of any liability for the judgement because it was pending at the time. The province, however, views driving as a privilege and not a right and will not give you a license if you don't make some arrangements to pay. If you never want to drive again you don't have to pay anything. I'd recommend you negotiate some payment arrangements with the province.

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




 
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