Personal Bankruptcy Forum


Author:   Stressed
Date:   October 26 , 2001
Question:  

I have a lot of credit card debt in addition to the debt mentioned below.

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.

Thank-you in advance for your response.

 


From:
 

Ann Clarke, Collins Barrow Limited
Date:   October 29, 2001
Answer:   In a bankruptcy, if a creditor has valid security against your property, in this case the animals, arrangements can usually be made to keep the property by continuing payments. It would be the secured creditor's decision to allow you to do so. The Trustee would be required to confirm the value of the animals and the amount of the secured debt at the date of bankruptcy, to determine if there is any residual value in the animals for the bankruptcy estate.

If you have any other questions you could also discuss your situation with a Trustee by calling Collins Barrow's toll free Alberta line at 310-8888.

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




Bankruptcy Forum | Submit a Question