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Author:   Terri L
Date:   May 4, 1999
Question:   In August 1996 after being with Canada Post Corporation for 10 years my position as a Project Coordination was declared surplus and I lost my job. Since then the bank has reposessed my $200,000 home because of back taxes. The bank paid the city and then would not add this money to the mortgage even though the monthly payment would have been lower (due to lower interest) because I was not employeed. They then sold the house for $134,000 and want the balance.

I am currently going to school and have little income and am having difficulty paying my bills (credit cards and a personal load). I want to declare bankrupcy but have two important questions.

1. The only thing I now own is a 1/3 share of 50 acres of woodland near Ottawa, Ontario (balance of loan is about $17,000). If I declare bankrupcy will the two people who are the legal owner owners of 2/3 of this property be forced to give up this property?

2. If you owe Revenue Canada backtaxes can these be included in your backrupcy claim?

Thank you for any help you may be able to provide.

 


From:
 

Shane Brenneis, Collins Barrow Limited
Date:   May 5, 1999
Answer:  

The 2/3 owners would not be forced to give up the property, but if there is any equity in the property, the Trustee will have to realize on this somehow, so the 2/3 owners may wish to purchase it or another purchaser can be found.

Debt to Revenue Canada can be included in the bankruptcy.

Shane Brenneis

(403) 298-1575
sbrenneis@collinsbarrow.com




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