Questions for Personal Bankruptcy in Alberta (Canada) only.

This forum is not intended for indivduals who are already in bankruptcy or who have filed a proposal. Note that if you are in bankruptcy you should contact your trustee. If you cannot resolve matters with your trustee, you might want to contact the Office of the Superintendent of Bankruptcy who are the federal regulators respnsible for licencing all bankruptcy trustees in Canada.

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• I own a home (no mortgage) with an appraised value of $40,000 (yes, only $40k in small town Alberta). I took a job in the city and am renting. Is my small town home considered my 'principle residence' or do I have to live there a certain amount for it to be considered my 'principle residence'?
  response from Bruce Alger (December 21/2005)

• Thanks for your answer. I have one more question then. Since she filed bankruptcy in August but this money (the $2000) was from January to December. So will the trustee be entitled to keep the excess child tax credit fir Jan, Feb, Mar, Apr, May, Jun and July? (Since she hadn't filed yet)
  response from Bruce Alger (December 20/2005)

• My sister filed bankruptcy in August 2005. In January 2005 she seperated from her husband. She has just received a $2000 Child Tax Credit cheque which is for an underpayment from Jan 2005-Dec 2005 (this is because they adjusted her monthly amount from the time she separated). How will this affect her monthly earnings for her bankruptcy? She has two children and I believe she is aloud to make approx $2400/month before the excess goes to the trustee. Her normal monthly income is $1200/month (wages) and $360/month (Child Tax Credit) How much (if any) of the $2000 will she have to remit to the trustee?
  response from Bruce Alger (December 19/2005)

• I have been bankrupt, but recently I was discharged from my bankruptcy, I would like to obtain credit again, do you know any company who willing to lend even though one has been bankrupt.
  response from Bruce Alger (December 19/2005)

• I need to know any company who are willing to lend funds even if you have been bankrupt.
  response from Bruce Alger (December 19/2005)

• Me and my ex husband have been divorced for a year now. And he wants to file bantkruptcy. In the divorce decree it dosen't say who pays for the the debts. So that problem stayed open. I don't believe that I co-signed on any of the debts. Can the creditors come after me? Although we are divorced and I never co-signed on anything, is that considered joint property?
  response from Bruce Alger (December 16/2005)

• I want to file bankruptcy and I have two vehicles, a 1998 Dodge and a 2005 Ford. I'm behind in cash advance d ebt and rent. Would I have to give up both vehicles and lose my house and would this affect the cash advance?
  response from Bruce Alger (December 15/2005)

• Does bankrupcy ever come off a person's record?
  response from Bruce Alger (December 13/2005)

• My grandfather financed our car, my boyfriend is the cosigner, at the first of the year my grandfather plans to file for bankruptcy, can the bank take my car? because it is in his name and he owes so much mo ney?
  response from Bruce Alger (December 13/2005)

• A court judgment was entered in Edmonton against my father without notifying him of the court date. My mother claimed bankruptcy after she divorced my father. Can the creditors go after my father for the money owing when my mother already claimed it in her bankruptcy after they were divorced?
  response from Bruce Alger (December 7/2005)

• I live here in Alberta, have >$150,000 in debt and have stumbled along for over a year without declaring bankruptcy, hoping to complete all my tax returns and file in early January. I am hoping to get married this December - at that point, I will also have a stepdaughter. My questions: will my wife be responsible for any of my debts? Will she be able to continue working and having whatever income she can generate, or will our combined earnings be considered by my creditors?
  response from Bruce Alger (December 6/2005)

• My ex husband filed post action to reduce child and spousal support. He claims insolvement and subsequently in the process of filing bankruptcy. My ex husband has approx 20 credit card cards debts charged in excess of $90,000.00 in the past 12 months. I believe my ex is intentionally suppressing income and zealously charging debts. My question is if my ex's 20 credit debts of $90,000.00 are forgiven, can this money be treated as income over the last year, because he will not be required to repay this loan?
  response from Bruce Alger (December 5/2005)

• Hello. I was discharged from bankruptcy in 2002. I am thinking of applying for canada student loan to go back to university (I have never had a student loan before). I understand that I have to pass a credit check, and I ask: 1. would i still be rated an r9 at this time? (assuming I have not improved my credit since, but neither have I done anything to poorly mark it. 2. is this the same credit criteria that is used when in comes to canada student loans? If I am inneligable, at what point will I become so? Your answer is greatly appriciated, and I think this is a very valuable web-site. Thank you.
  response from Bruce Alger (December 5/2005)

• I'm currently on the OPD program,making my payments religously every two weeks. I am considering leaving my job to pursue another one, the only downfall is that I would be making less money and would not be able to continue on the OPD program, and would claim bankruptcy. This new job would allow me to work from home, would there be any concerns with claiming bankruptcy, and still being able to write off expenses for taxes such as Internet use, electricity, and house gas bills when working from your home and declaring bakruptcy. Thank you for response in advance.
  response from Bruce Alger (December 2/2005)

• Hi I am wondering. I owe 45000 in debt ... I want to get a debt consolidation loan. I make together with my common law husband 6780 a month, but our bills come to 6707 a month, and leaves us nothing extra ... I'm not sure what I should do.
  response from Bruce Alger (December 2/2005)

• Please help. In 1996 I was in bankructy but I was not discharged. I have talked the trustee to try get this resovled. So next step I talked to a lawyer and asked why on bankrutcy papers c.m.h.c were not on the list of creditors, because now a collation company named Nordon has a garnishee put in place. Also, the trustee told me that to open this up would cost $2000. How come I can not get a new trustee. This is canada I live in, do I not? So please is there somebody out there that will help me, I am almost ready to give up I cannot take the stress no more. Yours truly, Andy.
  response from Bruce Alger (November 28/2005)

• In either 2000 or 2001 my car got reposessed and I haven't heard anything about it until lately. For the past year or so they have been sending letters saying that I owe 5000 on the car and that if I don't pay it they will garnish my check. Is this true, can they do that?
  response from Bruce Alger (November 28/2005)

• Can I get bonded if I am a previous bankrupt?
  response from Bruce Alger (November 23/2005)

• I just recently was hired by a doctor office and was told to fill out some paperwork. One of the items I had to fill out was authorization for them to preform a credit check. My husband and I filed bankrupcy about 7mo. ago. Does my employer have and grounds to fire me over this?
  response from Bruce Alger (November 22/2005)

• After absolute discharges are secured depts which you signed to keep paying while on bankruptcy can be reverse again to include to your claim by giving up your (Household Stuff secured depts)?
  response from Bruce Alger (November 21/2005)

• Once I've been released by the court,is there any creditor that can still make a claim against me?
  response from Bruce Alger (November 21/2005)

• If I declare bankrupcy can they touch my rrsp`s or home what are the rules? I am $ 60000.00 in credit card debt.
  response from Bruce Alger (November 21/2005)

• I have bad credit and am wondering if a bank would be willing to open an account for me to deposit my payroll?
  response from Bruce Alger (November 21/2005)

• I am separated from my husband, and have 2 children. If I file personal bankruptcy, will the trustees take the monthly child tax benefit I receive for my children? Thanks.
  response from Bruce Alger (November 21/2005)

• If I am a first time bankrupt and my creditors oppose my automatic dicharge after nine months how long will the bankruptcy continue after the first nine months? Will it be easy to get employment after a bankruptcy?
  response from Bruce Alger (November 21/2005)

• Some financial problems are dogging me from my previous marriage. I had thought they were all settled but now I find out there is still a debt that I am responsible for because I had signed a personal guarantee at the time. Now six years later that creditor is looking for nearly $20,000 that they claim is a deficiency and must be paid. This debt is from my ex-husband's failed business and it is just too much for me to handle. He refuses to deal with it and his solution is to declare bankruptcy which would leave me holding the bag for the entire amount of nearly $20,000. That would leave me with little choice but to declare bankruptcy as well. Unfortunately about 20 years ago he dragged me through a bankruptcy related to the failure of a business he had at that time - so if I am forced to declare bankruptcy this would be the second time. I have searched many Canadian sites but cannot seem to find the answer to this question.. can you plase tell me how long a second bankruptcy stays on a person's credit record? I have been told a second one stays on it for twice the time, 14 years, is this correct?
  response from Bruce Alger (November 16/2005)

• I am in my third year of paying off bankruptcy and I would like to know is there anybody that will finance you for a new home. I have 22 years in the military and would like to purchase a new home if possible.
  response from Bruce Alger (November 16/2005)

• I am going to court to collect on a bad cheque and the party that gave me the cheque has asked me to accecpt monthly payments. I cannot trust this will happen but he says he will claim bankrupcy if it goes to court. What am I in for as far as collecting the debt and what are the best opions for both parties? This debt has been going for 9 months and he is/was a friend. Looking for advice.
  response from Bruce Alger (November 15/2005)

• If I file for bankruptcy in December 2005 will it affect the amount of my tax return I receive in 2006.
  response from Bruce Alger (November 14/2005)

• My ex-husband filed bankruptcy 1 year ago. We have been divorced for about 1 year. He never told me that he filed and now, when I pull down my credit report, it reflects the bankruptcy he filed. It is bringing dowm my credit, because he never paid his bills. I now have creditors coming after me for bills he incurred? Am I liable for his bills? Do I have any rights or must I file bankruptcy to get out of this matter? It's an issue I want to avoid because I believe in paying my bills, but why would I be responsible for bills he incurred? We have been separated since 1999!
  response from Bruce Alger (November 14/2005)

• Hi, I have AUS$66,000 (around $60k CAD)credit card debts & personal loan in Australia which I cannot afford to re-pay. I have just emigrated here in Canada thinking of starting a new life. As a new comer I just started looking for work here. Shall I file for bankruptcy? If yes, where should I file? Or shall I just ignore my debt in Australia & just go on with my new life in Canada? Will my bad credit from Australia affect my credit rating in Canada? Thanks.
  response from Bruce Alger (November 10/2005)

• Can a checking account be garnished? Is there a limit to how much has to be in the checking account before it can be garnished?
  response from Bruce Alger (November 10/2005)

• My husband and myself have accumulated approximately $50,000 worth debt over the past 12 years of marriage. We have only about $20,000 invested in our house and are therfore considering claiming bankrupcy. Will we lose our house, will we lose our two (junky) cars and how long will this effect our lives?
  response from Bruce Alger (November 10/2005)

• If I claim personal bankruptcy, will the money I owe CCRA still have to be paid? And what about Alberta health care?
  response from Bruce Alger (November 9/2005)

• I recently had a business with my ex husband and we closed everything down, he went bankrupt so the creditors would leave us alone. When he went bankrupt he had a US Visa and a Canadian Visa. I ran off his Canadian Visa and yes I did charge. The bankrupcy took care of all the debt including the Aisa's. Just last week a finanacial company has been phoning me at work to look after the debt. I told her that I can not afford to pay anything and that my ex husband took care of that Visa in the bankrupcty. She said that I was to blame to which I agreed, then she demanded payment. I then said I would like confirmation on the crdit card on my signature and told her to mail them. She phoned today and said she does not have to release that information because I used the card. Now do I have to go bankrupt over this card?
  response from Bruce Alger (November 8/2005)

• I want to move to Alberta, my husband has been working there now over a year we have three children and curently own a home and are leasing a vechicle. We will be out of bankruptcy as soon as we finish paying of trustee, after this we are selling our home, we will have a down payment for another home but we are afraid to sell if we can not purchase a home in Alberta, are our hands tied do me and my kids have to stay on here in Nova Scotia because we will not be able to get a mortgage in the west ...what do we do I am soooo scared.
  response from Bruce Alger (November 7/2005)

• Hello, I hope you are able to answer my question or perhaps tell to whom I may direct my query. I have received a judgement through the courts as a creditor to an individual who soon after receiving this judgement filed for bankruptcy. How then do we receive our full judgement?
  response from Bruce Alger (November 4/2005)

• I filed bankruptcy 2 years ago and now my ex want child support and say that i owe her back support can she file a relief of stay and challange my bankputcy even if I filed before and order of support was issued.
  response from Bruce Alger (November 4/2005)

• Thank you Bruce. Can the trustee use my income combined with future husband's in order to detemine his payments to the trustee?
  response from Bruce Alger (November 4/2005)

• My boyfriend and I recently got engaged. He declared bankruptcy in August. I am a single parent with 2 childern and a home and all of the associated expenses . We decided to sign a prenup to ensure that my home as well as property and debt remains mine and vice versa. Once we marry, does my income, assets etc have any impact on the bankruptcy? Or does the prenup protect against this?
  response from Bruce Alger (November 4/2005)

• I have a loan that I am behind on and I worked it out that I can pay 100.00 a month until I can get on my feet again. My co-signer filed bankruptcy and I have not received a bill it is in my social security number am I still responsible for the loan.
  response from Bruce Alger (November 4/2005)

• I filed in Feb 2003 and was initially told that I would receive and absolute discharge 9 months from that date. About 7 months into it, they reviewed my file and determined that I was earning too much money and they would be requesting a conditional order with and additional payment required of 5000 before absolute discharge. So here I am, nearly 3 years later having paid approximately $2800 to the trustee and they have closed my file. Their claim was that I was too slow in paying this off. Now, CCRA, one of the creditors from the bankruptcy are garnishing my wages. This leaves me in a situation where I can no longer afford to make payments on the bankruptcy and I'm continuing to have to pay my creditors. What about the 2800 I've already paid the trustee? Shouldn't that be returned to me if I have to pay my creditors anyways? If I somehow can pay the remaining balance and get the absolute discharge, will CCRA return all the money that they garnished? What can I do to get this over with and on with my life?
  response from Bruce Alger (November 1/2005)

• Can Revenue Canada legally force someone to file for bankruptcy? I am legally separated from the father of my 3 children and have been financially drained by him over and over again throughout the 15 year on again off again marriage. I did finally buy a home just prior to our last separation ( which he signed over to me in the aggreement for my family & I bought it and he was only permitted to be on title if he would set up a legal entity for his under the table, not registered, no books, 3 full time "cash employees" no GST, PST, Fully visable and advertised USED GOODS STORE. When I would finally be able to force him to file his taxes - because I could not get back some of the huge taxes I paid off of my paychecks - he did so as "self employed" he ran it as a $70 thousand a year loss submitting actaual business expenses (not payroll of course) and fixing the sales to a loss. His personal bank account was seized due to back taxes owed and he has been in hiding and still has yet to file for the past three years. He closed the store and recieved a large chunk of money from the owners of the commercial business, cashed through someoneelses bank account, and has been living off the proceeds for the past 8 months. Now he nolonger can pay child support, and can't take a a real job due to these outstanding debts, an many counts of criminal evasions. He is qualified and professionally ticketed to earn between $25 - $35 dollars an hour. There is no way he will ever step up to the plate and take responsibility for his actions, he never has. The only way I can get child support is if he has a job to garnish his wages from. If I report him to Revenue Canada and provide all the documents pertaining to his evasion, can Rev Canada order him to file bankruptcy, so he can have a fresh start. We can have fair support amounts garnished from his wages. My eldest daughter needs togo to Universty in a year and a half, the father is till continue to drain me by forcing me to also pay his share, of financially supporting our children, disabling me further to save for her education, and his Non Filing will disable him from providing a tax return for her to apply for student loan and grant eligibility. I have spent 15 years being drained and diabled by him, and now its her turn to have to pay for him, because he won't take responsiblity for his own actions. Can Bankruptcy be forced. If so - who by.
  response from Bruce Alger (November 1/2005)

• My boyfriend and I have been living together since about Sept 1st of this year and we are expecting a baby in February. I am going through a divorce and expect to receive about $100,000 in settlement. My boyfriend has never filed his taxes... and is going to be claiming bankruptcy. He says I should get my own place when able so we are not common-law, or they will come after me for re-payment of his debt. Is this true in any way?
  response from Bruce Alger (November 1/2005)

• How is someone emotionally affected by bankruptcy?
  response from Bruce Alger (November 1/2005)

• Thank you for your answer to my question about bankruptcy and student loans in in the united states. How do I find out what the repercussions would be of defaulting on an american student loan? would that effect my credit in Canada? I have heard people tell me that if you default on an emerican loan you will never be able to go into the untited states again. What would the terms be on an existing loan in the USA if I declared bankruptcy?
  response from Bruce Alger (November 1/2005)

• My question is that I am waiting for a final discharge from the trustees. I have an absolute discharge that I got in August in 2005. I called the trustees to find out how long before my case is closed from the trustees and she told me that she is busy and will get to it when she has the time. In the meantime the trustee is getting all funds from Revenue Canada and I want it to stop but my hands are tied. How long after your absolute discharge do the trustees have to give me a dicharge from them? Thank you for your time.
  response from Bruce Alger (November 1/2005)

• I have student loans in canada and i did my graduate studies in the united states. As i have just begun work in my field I am unable to meet the high monthly payments set out by the creditors. What outcome will filing for bankruptcy in alberta have on the canadian student loans and the american liquidity student loans?
  response from Bruce Alger (October 31/2005)

• I just recently got discharged from my bankruptcy but when I pulled my credit report some of the creditors didn't state that it was discharged, and everything was filed. How do I update my credit report?
  response from Bruce Alger (October 28/2005)

• I've been dishcharged from bankrutcy for about seven years. I would like to know how can I clear that off my credit history?
  response from Bruce Alger (October 27/2005)

• My mother and I had applied for two credit cards. They put here as the primary and me secondary. They sent me a card and herself as well. She has never used her card or activated it. I have only used my card and continued to make payments from my account. She has never made any payments or used her cards. I am now filing bankruptcy. Can they still pursue her for the debt.
  response from Bruce Alger (October 26/2005)

• What are the new qualications for bankrupcy?
  response from Bruce Alger (October 26/2005)

• I had a business with a partner which was incorporated and my business partner died. The business was shut down due to not having money to operate with. The day before I shut it down the business partner's wife came in and handed me a note that stated that it would be to her best interest to give me her share of the stock. We are in debt with taxes and etc. the government is garnishing my pay. She is not being held responsible at all. We borrowed money to open this business and I filed bankruptcy on this money. I do not feel as my federal tax refund should be kept since my wife was not an owner. Please advise if this can be done to me alone and not hold his estate responsible also.
  response from Bruce Alger (October 26/2005)

• My husband and I when Bankrupt in April 2002 and we were discharged in January 2004. One of the creditors had a jugement on us at the time and now they have a garnisment of 40% on my husbands pay check. We had a absolute discharge, and this creditor didn`t show up at our court session to file an appeal, but now they are saying that it was fraud three and a half years after the bankrupty. Can they get away with this? Shouldn`t they have tried to prove this at that time? The lawyer says that she has proof but we hired a lawyer and he has not received anything from her Can we stop the garnish or do we have to wait.
  response from Bruce Alger (October 26/2005)

• My husband and I when Bankrupt in April 2002 and we were discharged in January 2004. One of the creditors had a jugement on us at the time and now they have a garnisment of 40% on my husbands pay check. We had a absolute discharge, and this creditor didn`t show up at our court session to file an appeal, but now they are saying that it was fraud three and a half years after the bankrupty. Can they get away with this? Shouldn`t they have tried to prove this at that time? The lawyer says that she has proof but we hired a lawyer and he has not received anything from her Can we stop the garnish or do we have to wait.
  response from Bruce Alger (October 26/2005)

• We have debt worth about 40,000. We have been making the minum payments which are getting us nowhere. We may be able to refinance our house and pay off some of these bills, but then our home equity is maxed out. Is this something that we should do or consider bankruptcy. I am not sure if we make too much money for bankruptcy. My husband and I both work and I have been working two jobs to keep up with these payments and feel like I can't do this much longer.
  response from Bruce Alger (October 20/2005)

• Hi, I have just filed bankruptcy and I have a vehicle which I am filing on also. My question is how long do ya have before you have to give the vehicle back to the bank or before they can repo it? I'm trying hard to come up with the money for a work vehicle before I lose it. Thank you much.
  response from Bruce Alger (October 20/2005)

• My sister lives in Nova Scotia and I live in Alberta. We are the co-owners of property (land and a mobile home) left to us when our father died. She has been fixing up the property to move in but hasn't yet. What will happen to this property if she declares bankruptcy? What can I do to prevent the property from being affected? Thanks.
  response from Bruce Alger (October 19/2005)

• If you owe student loans money and sre presently in bankruptcy I will be discharged on january 1, 2006 what are the chances of getting the $400 check from Ralph Klein? Or will it go to student loans?
  response from Bruce Alger (October 19/2005)

• I was wondering if I filed for bankruptcy would I be able to get a student loan after I filed?
  response from Bruce Alger (October 19/2005)

• I'm currently employed and make $45,000 gross per year. I have not filed my income tax for 5 years now and I have a debt with a collection agency to the tune of $21000 (approx). What is the maximum amount of income I can make per year while being bankrupt. Will my tax debt be covered under bankruptcy and what would happen with the collection agency?
  response from Bruce Alger (October 19/2005)

• Is there a new bankruptcy law coming into effect in Canada? I just noted on CNN that there is a new law effective October 18 - not sure what the details are though.
  response from Bruce Alger (October 19/2005)

• A couple has 110K in high interest (Credit card type) debt as well as other personal debt totaling ~ 50K with different family members. Their assets include a house worth 185 - 190K with a mortgage of 160K, and shares in a small business which they self operate, from which they draw salaries of ~ 18K/year gross. They have no RRSP's, nor any personal items of significant value. The business after paying their salaries has net income of ~ nil - bascially is just enough to pay their wages. The questions I have are: What are the differences between filing a bankruptcy, and making a proposal and what would you recommend in this case? If a proposal is made, how is that proposal financed, considering they have no other means to pay? Is there a risk that they could be forced to sell their shares in the business? (This is their only source of income). Would they be at risk of having to sell their home based on either the net equity in the home? Is there a maximum that a person in bankruptcy can spend on a monthly basis on their living (house) expense?
  response from Bruce Alger (October 19/2005)

• I am thinking I may have to file for bankruptcy. I currently have a insurance claim in and probably will get a payout within the next 2 months. Will that money go to my creditors?
  response from Bruce Alger (October 19/2005)

• My sister is in the middle of a bankruptcy and this month she did not receive her GST Credit cheque. Is that garnished during Bankruptcy? I tried to look it up online but the only think I came up with was from Toronto. It had a brief statement on a page that said that you're GST Credit would be kept but that in some instances you could apply to get it back. Is this true here?
  response from Bruce Alger (October 14/2005)

• It has been 6 years since my discharge and we want to remove the bankrupcy from my credit file. How do I go about this?
  response from Bruce Alger (October 12/2005)

• How soon after bankructpy can you pull your credit to buy a house?
  response from Bruce Alger (October 11/2005)

• We are in the middle of a divorce and my husband just filed bankruptcy. We have equity in the house. Will that be taken?
  response from Bruce Alger (October 11/2005)

• I must file for bankruptcy as I signed many personal gaurantees for business related loans. My business was forced into bankrupcty almost 1 year ago and the banks are now attempting to collect. As well, I have significant Rev Can debt but also have a very large business investment loss. My question is this: Can I start a new company before or while I am in bankruptcy, and can I retain ownership in that new company? Also, if the new company is developing new business but has not reported a profit, do I need to make payments in bankruptcy on "potential future profits"? Thanks.
  response from Bruce Alger (October 11/2005)

• I have incurred a large debt to ccra. We have also incurred a large credit card debt. If my spouse and I file bankruptcy together will she be held responsible for my ccra debt as well as the credit card debts or will she only be held responsible for the CC debts. Thanks
  response from Bruce Alger (October 11/2005)

• How hard is it for someone who is disabled to file and win bankruptcy?
  response from Bruce Alger (October 11/2005)

• I am considering filing for bankruptcy as a last resort due to a large amount of debt that resulted from my ex-husband's business failure while we were still married. My question is in regards to child support. My daughter is 21 and has now returned to school to further her education. Since she could certainly make good use of some extra money now I am considering asking my ex-husband to pay child support again under the guidelines of the divorce judgement now that she is a full time student again. Would those child support payments be considered income for me and be included in the calculations the trustee would make to determine how much money I would have to pay toward my debts/bankruptcy each month? Since I would not actually have any of the money myself from the child support payments (all of it would go to my daughter) that is a concern for me.
  response from Bruce Alger (October 5/2005)

• Can I buy a home even if I filed bankuptcy?
  response from Bruce Alger (October 5/2005)

• Can a person come out of bankruptcy if they paid all their debts in full? Also if a person skipped on their apartment rent does bankruptcy take care of that or would one still have to pay before they could move?
  response from Bruce Alger (October 4/2005)

• I've been able to make my minimum payments on my 3credit cards and my monthly payments on my 2 loans. I have had to live with my parents the last 2 years because I haven't had any extra money to be able to pay rent etc anywhere else. I have been told by my parents they are moving and I have had to move on my own. so this last month I have had to use my paychecks for downpayment and first month rent, deposits etc. I know I am not going to be able to continue paying on my loans / cards because of this. Can anything happen when I file for bankruptcy, that I have used this money not to pay my bills, but to get started out on my own?
  response from Bruce Alger (October 3/2005)

• I am thinking of personal backruptcy. I owe $38000 in dept and take home $2000 a month. Every month I am tapped out for money. I tried to consolidate. But I have only $10000 in equity. My truck is worth $2000. I have a tv worth $1500 etc. Can they take these from me? I also owe my father $1000. And I am planing on paying him back. Should I pay him before or after I file? The money would be from my loan payments that I am deciding on not making. Thanks.
  response from Bruce Alger (October 3/2005)

• My husband filed a personal consumer proposal and it was accepted. One of the credit card companies is now trying to get money from me. Can they do that if they have accepted? Can they double dip like that?
  response from Bruce Alger (Sept 30/2005)

• Hi, I live in Alberta and have just found out I that I now owe an addition $6,000 in Federal Income Tax. I presently was on a Orderly Payment Plan, but now am at the point where I can't even manage the debt I have (I am on Long Term Disability), so I am considering all options including Bankruptcy. Unfortunately, it looks as though I have no other option. I owe $30,000 (approx. $10,000 in Federal income tax). I was wondering if you could please answer the following for me: 1) I was interested in what happens with a bankruptcy and firearms (restricted: handguns, non restricted: rifles). Are they simply seized, or are they not allowed to be taken since they are registered? 2) I am planning to marry a woman in New Hampshire, but we are not sure where we will live. Do you know if the Bankruptcy will affect me marrying her in the United States or my own Country (Canada)? 3) Bankruptcy and Income Tax owed (I owe about $10,000). Thank you so much for your time during what is a difficult time for myself. I graciously await your reply.
  response from Bruce Alger (Sept 30/2005)

• After considerable attempts to stay ahead of creditors and due to very unusual circumstances, I was forced to declare bancruptcy. My son passed away tragically, shortly after I filed. I was so very overwhelmed and in such a state of pain that I could not function, I quit working and moved out of the house where he died. I was aware thet there was a life insurance policy that I had purchased for a form of savings for him. I informed the insurance agent of my son's death and told him I was in bancruptcy. He told me that he believed the insurance was exempt. I informed my trustee of the insurance and after researching he also told me that life insurance is exempt and is not included on the monthly statements. At the time of my discharge, a different trustee in the same office, told me that the money should have been included and now that the money is gone, the original trustee is attempting to take me to court. I am greatly distressed...can you please tell me if life insurance is exempt? Thank you.
  response from Bruce Alger (Sept 29/2005)

• Hi we have been having finacial problems for about 6 month. We have not been able to make min payments on our credit cards. We have not missed a house payment, just credit cards. I now have one of the credit card companys that we owe 6800 on a card. They filed a writ of execution with the sheriff and now they say that they can sell our house. Can they do that and would bankruptcy stop this? Thanks.
  response from Bruce Alger (Sept 29/2005)

• Hello - I redeemed my aeromiles for a new tv a couple of months ago. I am thinking about filing for bankruptcy. Can they take that new tv away? Thanks.
  response from Bruce Alger (Sept 29/2005)

• I am about to declare bankruptcy, but I hold a joint bank account with someone. Will this account be frozen if I declare? Should he get his own account first?
  response from Bruce Alger (Sept 29/2005)

• I am owed a significant amout of money from a person who I believe is considering bankruptcy. Am I able to access a list of people who are claiming bankruptcy? How? Where?
  response from Bruce Alger (Sept 26/2005)

• I filed bankruptcy 4 years ago and I am trying to buy a house. There is a judgement in my credit report against me, but that was satisfied in the bankruptcy. No one will take responibility getting this off my credit report. Can you help me?
  response from Bruce Alger (Sept 26/2005)

• What happens if you have to file bankruptcy again after 14 years?
  response from Bruce Alger (Sept 19/2005)

• I lost my bankrupcy papers so I am trying to find out when it was discharged. If you could assist in any way that would be very helpful. Thanks.
  response from Bruce Alger (Sept 19/2005)

• If we have an R5 credit rating how long does it take to get it back to R1 if we make our payments on time?
  response from Bruce Alger (Sept 19/2005)

• If a peson filed bakrupcy, and then they incure more debt, what can a company do to collect. do we give it to the credit angency collecting on the outstanding account or do we take him to small claims court. If He is living on the land and not paying his lease anymore could we get actess to his trailor through the collection agency or small claims. Are we allowed to evict after he filed bankrupcy.
  response from Bruce Alger (Sept 14/2005)

• I had a personal bankruptcy that was discharged 14 years ago, now I am interested in trying to pursue getting a mortgage on a house. My hypothetical question has to do with the question they will ask - "Have you ever declared personal bankruptcy". Hypothetically if after 7 years the record of this is taken off my Bureau report what would keep an individual from denying it ever happened to avoid the potential scare the creditors might have. Or are there other sources that a creditor would find this history?
  response from Bruce Alger (Sept 13/2005)

• My husband is in the construction industry and has recently been asked by the company he works for if he would become incorporated. We have been discussing entering into bankruptcy. His corporation won't be making a profit, it will just be used to pay 2 guys he is training and his business expenses will come from there and not our bank account. Will making this change affect our going into bankruptcy? Our financial situation won't change it will just be divided between personal and business. And all the debt we have would not change.
  response from Bruce Alger (Sept 12/2005)

• I am thinking about filing for bankruptcy. My question is, if I do this, will I be able to get a loan to buy a home after I've been discharged? I do not own any realestate property I currently rent. My husband has good credit. Are there people out there that can help in this situation? Thanxs J.R.X
  response from Bruce Alger (Sept 12/2005)

• My husband wants to file bankruptcy but I do not agree, we will divorce in a few months but still he is thinking to file it. My question is do I have to sign with him if we are not divorce yet?
  response from Bruce Alger (Sept 12/2005)

• If I file a consumer division 1 proposal due to a business failure,will I still be able to be bonded? Also when my mortgage is due,will they renew it?
  response from Bruce Alger (Sept 12/2005)

• Can Revenue Canada take any or all of child tax benefit to pay a debt off to them? The period of before or during bankruptcy?
  response from Bruce Alger (Sept 12/2005)

• About two years ago I'd a vehicle repossessed. About6 months ago I received a letter from the lender stating I owed 8000 on the vehicle. How long do I have before I begin repaying this penalty? With this debt and another of 1000 being my only debt is a proposal a wiser choice than bankruptcy? If so, how much will the proposal cost me?
  response from Bruce Alger (Sept 6/2005)

• I am considering bankruptcy while still a university student. Due to my poor credit and outstanding debts I can not get a loan. However, I work throughout the year, full time during the summer and part time during the school year, to pay tuition on my own and also my living expenses. If I pay my tuition in September for the school year and file for bankruptcy later, could the courts order me to stop going to school in order to work to pay my creditors rather than university tuition? What should I know about attending university and filing for bankruptcy? Will the money I earn that is for tuition be considered surplus income?
  response from Bruce Alger (Sept 1/2005)

• In 2001, I filed for bankrupcy with my then-husband. Since then, we have been divorced. No payments were ever made to our trustee. I have relocated several times also. Will I or can I ever be discharged? If I were to face up to the trustee, what should I expect? I would like to know how to fix the past if at all possible. Can you advise please?
  response from Bruce Alger (Sept 1/2005)

• I am thinking about going for personal bankruptcy as I can see no other way out of my predicament with debts totaling about 35000 dollars and using dredit to make payments which is getting me nowhere fast,i am due a tax return shortly of 2500 and could really use this money, if I get this money then claim bankruptcy shortly after do I have to return this money, what also is the total that I am allowed to keep in money terms from my wages if I do go bankrupt? I make 2250 a month for me and my husband and nothing else.
  response from Bruce Alger (Sept 1/2005)

• We are a payday loan company and we have placed a lien on a debitors vehicle are we then considered a secured creditor?
  response from Bruce Alger (August 31/2005)

• I know this is a question not usually submitted here but Im searching for some answers. I filed over a year ago and became very interested in the process and relief a trustee brings to people in a bind. I would like to know where and how someone seeking a career in the trustee field would start. Is there courses at colleges etc that provide this?
  response from Bruce Alger (August 31/2005)

• 4 yrs ago I was put on OPD to due to my student loans, at the time I was not aware that I had two, one Canada loan and one provincial loan, I just thought it was one. This was 10 yrs ago. But it has come to my attention that it was only the provincial student loan that served me and not the government one, so OPD only has me paying the Alberta loan back. The government student loan didnt try to contact me and i have been recieving income tax back and they didnt take anything. Can they still come after me for this 7,000 or does the statue of limitations stop them? Would this still show on my credit report?
  response from Bruce Alger (August 31/2005)

• I went bankrupt 6 yrs ago and 3 yrs ago had an Ordely payment of debt issued. Now I have just finished school and want to open my own book keeping company. Can I only go sole proprietor or can i be corporated? I am still paying my ordely payment of debt.
  response from Bruce Alger (August 31/2005)

• I am planning to file for bankruptcy within the next week or close to it. I have an unsecured loan on a vehicle that will be included in the bankruptcy. Seems that neither the bank or the collection agency is interested in taking back the car. So, question is, what happens to this car during bankruptcy and after discharge if neither party wants to take back that car? Do I keep it? Sell it? What about the lien on it? Who actually owns it at that point? Thanks.
  response from Bruce Alger (August 31/2005)

• I have not been able to work since April due to illness. I have about $5000 worth of debt. I was making my payments up until then. Now they are calling me for their money. I get $767.00 a month cpp disability and $243.00 child tax credit. I also get 143.00 every three months GST credit.I have looked into claming bankruptcy but can not even afford the payments for that. I am a single parent of a 12 year old and i have no assets, no rrsp's, I rent my home and have less than $4000 in household goods. I would like to know if they got a judgement against me would they be able to take my cpp and child tax credit out of my bank account even if I change banks? I know that in general they can garnishee bank accounts but I was wondering if I would be exempt because of my situation.
  response from Bruce Alger (August 31/2005)

• If creditors rights were given back to them can I claim bankrupcy again from the same creditors?
  response from Bruce Alger (August 29/2005)

• I was discharged from bankruptcy in Alberta, December 31, 2004. At the time of the bankruptcy my wife and I were separated and have since reconciled. How long after can I apply for a mortgage? I am working full time.
  response from Bruce Alger (August 22/2005)
  
  

• I have been disabled since 2000 and the income support I receive does not help to pay bills. My wife has been taking care of me since I have become disabled. Our finances have gone critical and we are unable to pay alot of bills. Do you think that going bankrupt will help my situation?
  response from Bruce Alger (August 22/2005)
  
  

• About 2 years ago my inlaws on my step mother side brough a civil lawsuit against myself and 2 brothers. The first time we went to court we won the lawsuit and they turned around and appealed the decision. I was told if they win the lawsuit and get judgement I can't filed bankrupcy on this. I heard they can put an attachment on my home if they get judgement where I can't sell it or borrow money against it. I hate to filed bankrupcy since my credit is A1 and has been for 20 years or longer but want choice do I have if they win they will have my house one day after paying on it for years?
  response from Bruce Alger (August 19/2005)
  
  

• I'm in a legal separation situation and going in to sign the papers today. My husband has already signed. The agreement states that I am to sign over my equity in the house for $15,000. I suspect he is going to declare personal bankruptcy as he has already filed a consumer proposal regarding Revenue Canada and back taxes. He is delaying things for a reason. Am I going to lose the money he owes me if he declares bankruptcy? If not, what can I do to ensure that I receive the money for my share of equity in the home. How long does it take to declare bankruptcy from the time you walk into the trustee's office? If I will lose this money owed then what steps can I take?
  response from Bruce Alger (August 19/2005)
  
  

• What if I filed bankruptcy then got an outstanding debt?
  response from Bruce Alger (August 19/2005)
  
  

• How can I check to find out if someone has filed for bankruptcy in the past?
  response from Bruce Alger (August 19/2005)
  
  

• Can a person charged with fraud claim bankruptcy and claim the sum as part of their bankruptcy?
  response from Bruce Alger (August 11/2005)

• Let's say that my proposal is paid off, and I have a $500 limit credit card that gets paid off every month.... does that help me out with my credit rating even though it recorded for 3 years after? And what happens to my rating after the 3 years? Does it start all over again?
  response from Bruce Alger (August 5/2005)

• What would happen if I am divorced and my ex co signs for a car and I file bankruptcy -- would they take the car from her? And all joint bills we had together?
  response from Bruce Alger (August 5/2005)

• Hi, I'm just wondering if I do file bankruptcy, if there is any way that my mortgage could be part of that. I understand that losing that house would be a consequence.
  response from Bruce Alger (August 5/2005)

• When applying for a new job , and you know that the employer will do a credit check, when is the appropriate time to inform the employer about the bankruptcy and how should this be addressed?
  response from Bruce Alger (August 2/2005)

• My father is in poor health, and is a compulsive gambler. He owes taxes, as well as credit card debt, and it now appears that he's been taking unsecured loans through HFC. I consulted a lawyer in December who transfered the house into my mother's name, as we suspected he might try to take out a home equity line of credit as well. When he dies, what happens to his debt--is it assigned to my mom, or do they take what they can from his estate and write the rest off? Should he declare bankruptcy? Is the house in danger, even though his name is not on the title?
  response from Bruce Alger (August 2/2005)

• Hi, with my common law partner I jointly own approximately 70 acres of bushland that is not farmed and has house on it that we live in as our primary residence. The property is worth around 150,000 and has a mortgage of 120,000 on it. The local municipal bylaws prevent the property from being subdivided. I am concerned that if I file for bankruptcy that the 70 acres won't be included as part of the primary residence exemptions? Could you please comment on this? Thank you very much.
  response from Bruce Alger (July 29/2005)

• I went through B/R in B.C. but ended up getting laid off of work and there was no other real work in the small town I lived in. I also have a 2 year old child with another on the way, I moved to alberta for work and I was still paying off my B/R from B.C. but found it to hard trying to settle in a new city and raise a family on what I make. I then received a letter from my trustee stating that they were filing for a discharge aganist me so I will not get my discharge. I am very woried about what will happen to me. I also already went to court because one of the people who I put on my B/R filed aganist me and the judge ordered me to pay a certain amount to them, and with trying to get selttled out here it got me in a little more debt, so I want to know what I should do to HELP me get out of this problem.
  response from Bruce Alger (July 28/2005)

• Can I get car credit if I am concidering going bankrupt?
  response from Bruce Alger (July 27/2005)

• What happens if a consumer proposal is filed and signed, and later on is realized that the total debt owed was higher i.e. miscalculated? Does this make the consumer proposal null and void and does this eliminate the debt I owe?
  response from Bruce Alger (July 26/2005)

• Can I declare bankruptcy, twice? If I can, how long do I wait?
  response from Bruce Alger (July 26/2005)

• I am trying to obtain employment in the banking industry again and wonder if a past bankruptcy will affect my being considered for this. Am I still bondable if everything was final with my banruptcy for over 7 years? Do I still need to declare past bankruptcy if it no longer shows on my credit report?
  response from Bruce Alger (July 24/2005)

• My spouse wants to declare bankrupcy. He has a law suit pending and is expecting money and wants to declared banrupcy before he recieves the money and his creditors take it. Does he have to declare this suit with who ever is handling his bankrupcy?
  response from Bruce Alger (July 24/2005)

• If I am planning to claim business bankruptcy, can I register and incorporate a new business of a different nature before bankruptcy. Will it be touched if I incorporate it? How long after business bankruptcy can you own a business again? Thank you for your help.
  response from Bruce Alger (July 24/2005)

• My husband and I are likely going into bankruptcy very shortly. I just had my vehicle checked out and the mechanic said it is not worthwhile to fix it. I need a vehicle for getting to and from work, volunteer activities, and general other things. We have about 1500.00 saved up for a 'rainy day fund'. Can I use this to purchase a vehicle prior to filing without having to give the vehicle up? My husband has his own vehicle for work also which would be valued at about 3500.00. Would we both be able to keep a vehicle?
  response from Bruce Alger (July 24/2005)

• How does a company garnishee wages and what are the steps to do this, do you have to go to court or can they do it without you knowing?
  response from Bruce Alger (July 19/2005)

• I owe approx 49,000.00 in credit card and unsecured loans. I also owe 16,000.00 on a leased vehicle. I make approx 60,000 a year. I live common law but my name is not linked to the title of the home. What are my best options? I cannot afford the large payments.
  response from Bruce Alger (July 19/2005)

• How long is an unsecured credit card debt enforceable? I have not paid on this debt for 4 years...can they still enforce collections in Alberta?
  response from Bruce Alger (July 18/2005)

• Hi--In December, 2002 my husband and I separated. In February, 2003 our house was sold and all debt was paid off in full. In Dec of 2003 I discovered that my ex-husband had rack up the previously paid line of credit to the tune of 16,900. I did not realize that the account was not closed. He did this in retaliation of my low initial offer to buy out his portion of my pension. He has now filed for bankruptcy. Would this be considered fraud? He knew that he was going to file for bankruptcy before spending the 16,900. He used the entire amount for his own personal use. Thank-you. This site is very eye-opening!!
  response from Bruce Alger (July 14/2005)

• I will have to file a second B/R, (lst was 15 yrs ago, before marriage) which will be for taxes and credit card debt. My inability to control my spending is destroying my marriage. Our joint income is the 2 person household threshold, because my spouse is a high income earner. They have never been party to any of my debts and we have never had joint ownership on any of their properties. I feel the only recourse to spare them any further stress is to separate. I created this mess I should be the one going through the difficult times. My problem is I am awaiting surgery which should take place in the next four months. My spouse says to stay until after my surgery. Will the trustee take that into consideration if I file now, or will they just say your together so you pay as a two person household? I can't possible pay his share when I'm on my own.
  response from Bruce Alger (July 11/2005)

• My husband I are going through a trial seperation. Money is the number one problem affecting our marriage. My husband has filed a voluntary disclosure for unfile taxes. He owes a lot of money. Can he file for BR if he can't pay it back to the tax dept? Will I still be considered joint with him when they do the surplus income payment?
  response from Bruce Alger (July 6/2005)

• My mother lives in Ontario. She will be filing BR very soon. This is the second bankruptcy. She does not seem to be able to handling money or credit in a responsible way. She has remarried and her second husband has not been able to keep her in check. She now owes $80,000 in back taxes and $20,000 in credit cards. She does not own property as her husband has never been joint on any financial endeavours. He has managed to secure his future and has property and investments. They have one joint bank account rarely used by him. His home has remained his throughout the marriage and they had a Prenuptual Agreement. She has borrowed from him to pay back credit cards, he borrowed from his line of credit. Recently she cashed in an RRSP and paid some debt and paid the line of credit. Now they are seperating and I would like her to move to Alberta before she files for bankruptcy. She is not working and has a pension and small LIF for a total of $2000.00. What are the most important things she needs to consider. She has a a bed and living room set, a computer, because she can work from home, some family dishes and clothing. She recent purchase an exercise bike to help with recent surgery for a hip replacement. I will help here move here and get her set up in an apartment etc.
  response from Bruce Alger (July 4/2005)

• We have a home in calgary that has a market value of 250,000. we owe 196,700.I understand we are allowed 40,000.Are we forced to sell if our equity is higher or do we turn over the amt over 40,ooo to the trustee if we sell?What if we dont sell what happens then?
  response from Bruce Alger (July 4/2005)

• Three years ago my mother passed away and I inherited a small amount of money which I invested. I am in the final stages of my divorce but have inherited all the debt from my marriage and may have to file bankruptcy as I can not keep up with all the creditors. My question is ..... is there any way that I can protect my inheritance before I go through with bankruptcy. Thank you.
  response from Bruce Alger (July 4/2005)

• What is involved in cashing in a 22,000 dollar rrsp to help keeping us from claiming bankruptcy?
  response from Bruce Alger (July 4/2005)

• I am considering bankruptcy and my father is co-owner of my house I have not missed a payment yet but one of the credit cards I hold is through the bank that holds the mortgage will this effect my father and can I be forced to sell the house it is my only asset that I own?
  response from Bruce Alger (June 28/2005)

• My husband and I are considering going personal bankruptcy. My question is that we already have a consumer proposal and recently took out a second mortgage to pay off one loan and pay back money we had borrowed from family, we also signed over my husbands car to someone else we owed money to. Can we go bankrupt for around $40,000.00 and how do they determine how much we have to pay to be discharged?
  response from Bruce Alger (June 28/2005)

• I have been discharged from bankruptcy for almost a year. I am financing a vehicle at this time. I am finding that the payments are too much for me to afford. Do I have any options? Thanks.
  response from Bruce Alger (June 27/2005)

• I purchased a business (corporation) and used the equity in my home (joint) to finance it. If I declare bankruptcy, what happens to the lien against my home? Will I have to pay the full amount back? If I liquidate the business, I may only get ~40k for assets and the total loan is $125k.
  response from Bruce Alger (June 21/2005)
  
  

• I was contacted today by a credit consulting firm saying that I owed $320 in phone bill from 2002. I did not receive any bill from them since then. I told the firm that I did not believe I owe the debt but she told me that they are taking me to Small claim court and garnishing my wage. Am I responsible for this even though I did not owe the money and I was contacted first time after 3 years?
  response from Bruce Alger (June 17/2005)
  
  

• I have some lawsuits pending for personal injury and a civil suit about a house I bought. If I win an award how will it be treated as if the settlement is payout after the bankrupcy is discharged.
  response from Bruce Alger (June 16/2005)
  
  

• I have just been discharged from bankruptcy..from ontario. If I move to another province will my credit rating still remain the same? Is there any chance of me staring over in another province? Thanks.
  response from Bruce Alger (June 16/2005)
  
  

• I am currently in a consumer proposal which is finished this August. However I have got myself in a huge mess with payday loans, $5000 worth to be exact, I can't pay these things anymore, it is next to impossible. I am wondering what my options are?
  response from Bruce Alger (June 15/2005)
  
  

• Does the income tax money returned to the trustee come off what the court orders you to pay?
  response from Bruce Alger (June 15/2005)
  
  

• Does the income tax money returned to the trustee come off what the court orders you to pay?
  response from Bruce Alger (June 15/2005)
  
  

• I had accumulated 3 loans started at over 10 years ago. The most recent being at least 4 years ago. At the time I was only 17 or 18 and wasnt thinking about the distant future. Now I am a 29 year old mom of 2 little boys and stay home with them -Youngest 11 month. My husband makes fairly good wages but was not with me when I signed for my loans. We are just getting by with 2 kids and me not working. He makes around 60 000 or so a year. But we just bought a new house in his name 1000 a month. They have been harrassing and calling so much that I recently changed my number. If I claim bankruptcy because my husband did not sign for the loans can they take our home which we recently bought and is only in his name. And if I claim bankruptcy will they take his wages into account if he is unwilling and unable to pay? Is it illegal to change my number? Thanks so much.
  response from Bruce Alger (June 15/2005)
  
  

• This question deals with my father. He is 85 years old and has been in bankrucy before (15-20 yrs ago)and is thinking about going into bankrupcy again. I am from Quebec and I understand any info given would be based on Alberta Law but it may be of some use here as well. The reason for this question is that my dad (just found out 2 weeks ago) has terminal cancer and over the last few years has gone into debt, how and why I have no idea. He has a hard time keeping up the month to month payments but tries and because he and his wife have just a pension to sustain them, he feels there may be no other solution. He will in fact pass away in the very near future but his wife will survive him and he does not want the weight of his debts, present or future to hurt her. Can he file without any special arrangements and can he above all file at all. Thank-you.
  response from Bruce Alger (June 14/2005)
  
  

• If a Canadian citizen has bankruptcy against him and he decides to live and work in the US, gets his new social security number in the US, will it affect his credit rating?
  response from Bruce Alger (June 14/2005)
  
  

• Can filing bankruptcy stop a court trial or judgement?
  response from Bruce Alger (June 10/2005)
  
  

• Just wondering how many times you can go bankrupt or do a proposal? My husband's business has just suffered many set backs in the last few months and even worse in the last few days. He has went bankrupt in 1984 and proposal in 1999. There is no getting out of the problems. Please advise.
  response from Bruce Alger (June 9/2005)
  
  

• If a loan was written off by a bank because they where unable to find the person can it be reopen if they now have the persons employer information? It was written off 2 years ago. Thank you.
  response from Bruce Alger (June 7/2005)
  
  

• I am writing looking for some information on the B/R situation, I have a cousin whom is self employed and was doing very well with his company and job until some untimely personal problems arose. Anyways he is in debt with some suppliers, credit cards and the government with previous years income taxes as well as GST, he drives a fairly new vehichle and does manage to make the payments on this truck as well as pay his rent where he lives. My question is, if he was to claim bankruptcy what would happen to any of the RRSP that he has put away? I am sure that I can answer this question for myself but I need to check this out anyways. Please get back to me ASAP.
  response from Bruce Alger (June 6/2005)
  
  

• I'm planning on going into bankruptcy. I have a loan with a finance company and my car is up for collateral on the loan. My car is not even worth $1500.00. I depend on my car to get to my part-time job (my only income). Is there any way I can save my car.
  response from Bruce Alger (June 6/2005)
  
  

• Do you have to have permanent resident in Alberta to be albe to claim bankruptcy?
  response from Bruce Alger (June 2/2005)
  
  

• Greetings! My parents are considering filing bankruptcy, and I have been trying to help them decide. My father is a self-employed tradesman who usually makes approximately $35000 total income, and my mother will soon be on disability, and cannot work. My father recently was injured and had been unable to work for 3 months, and has recently been diagnosed with cancer and so can only now work part time. My parents have $90,000 in unsecured debt, and we have very few assets and do not own our home. It has been extremely difficult to make all the payments, but my parents have never missed payments and still maintain a spotless credit history. A few years ago I received an inheritance worth approximately $40,000 and loaned $25,000 to my parents to help reduce the interest. Before my dad was injured & diagnosed with cancer, about 10 months ago he succeeded in paying me back the full amount by taking out credit card debt. I am over 20 but am still considered a dependent. Should my parents file bankruptcy? If so, should they wait until 12 months have passed since the repayment? Also, are assets owned solely by dependents (such as computers, bicycles) protected from liquidation? Any advice is greatly appreciated. Thank you.
  response from Bruce Alger (May 30/2005)
  
  

• I have been discharged from bankruptcy for 18 months and have been in the process of trying to rebuild credit. I called to apply for a Sears credit card but was declined due to the fact that I already had an account with them that was written off. Sears was included in my bankruptcy, but I thought by filing for bankruptcy, once I was discharged all previous debt was wiped off? They informed me they would not issue another card until I paid what was written off. I thought under bankruptcy protection prior debt was forgiven. Is this not the case?
  response from Bruce Alger (May 30/2005)
  
  

• What possesions can I keep if I file bankruptcy?
  response from Ann Clarke (May 26/2005)
  
  

• If one goes through bankruptcy is there a process that one can do to change it after receipt of an Absolute?
  response from Ann Clarke (May 25/2005)
  
  

• My mother passed away recently. She was in the process of making monthly payments to discharge her bankruptcy. She passed away before she had finished making the entire payment. The company she was making these payments to now wants all of the money that was initially covered in the bankruptcy, plus they want to collect their legal fees from the estate. They claim they can get this money because the situation has now changed as there is money in the estate that was not present when my mother was alive. Can they do this? Should the estate hire a lawyer to fight this? If the estate does hire a lawyer to fight this (especially to fight the collection of their legal costs) does it stand much of a chance of winning?
  response from Ann Clarke (May 25/2005)
  
  

• I would like to file bankruptcy, but I am concern that if I file I will not be able to qualify for a student loan to further my education. Is this true?
  response from Ann Clarke (May 24/2005)
  
  

• My husband and I have 4 children. Can you tell me what our monthly income allowance would be in a bankrupcy? Is the child tax benefit considered income? What if we go over that allowance?
  response from Ann Clarke (May 17/2005)
  
  

• I was re-assessed by C.R.A. & owe $200,000 since 1998. I transferred (gifted) our joint ownership home to my wife in 1999. If I claim bankruptcy today,will C.R.A. want !/2 the value of our home & if so, how will they determine 1/2 the value of our home? Would they accept 1/2 the tax assessed value in 1999?
  response from Ann Clarke (May 17/2005)
  
  

• I am a single mother of 2 making less than $30,000 a year gross. I am currently in litigation with my ex-husband for child support - can the child support I receive be garnisheed/taken by a credit company for a vehicle purchased in a previous relationship (NOT my ex husband, I never used the vehicle, co-signed using my good credit, broke up shortly after purchase and primary owner makes more than twice my income) - am concerned that my child support is at risk of being taken. I live in Alberta. Any advice would be greatly appreciated! Thank you.
  response from Ann Clarke (May 17/2005)
  
  

• My husband and I are on OPD and struggling as he is self-employed in the "feast or famine world of dance/entertainment/art" and due to OPD, we cannot access overdraft. Our unsecured debt is about 80,000 through OPD and a second mortgage. We have considerable equity in our home which we have tried to use to pay everything off but because of the OPD, no institution or private lender will look at us. We own a van which we still owe $11,000 on and is worth about 5,000. I earn good money in a secure job and we could easily live on that if we didn't have the debt. My questions are: Should we be looking at bankruptcy as an option? If we go that route, what happens to the equity in our home? Is there a way we can protect his artwork as an asset as it is how he makes his living and without it, he cannot move ahead in the art world? Thanks.
  response from Ann Clarke (May 17/2005)
  
  

• If I am in bankruptcy protection and my spouse is charge with a criminal offence, does my protection get taken away if the charges don't get dropped?
  response from Ann Clarke (May 17/2005)
  
  

• Is a small claims judgement considered a secured claim when filing bankruptcy?
  response from Ann Clarke (May 17/2005)
  
  

• Hi, I am 22, I have about $6000 in debt that is in collections, alberta health care is now wanting to take me to court over 450.00, I have no way to pay this, my parents are useless and I dont make enough, would it be worth it for me to claim bankruptcy or, should I just wait for the collections for fall off my credit history? WIll they ever? I have no idea what to do.
  response from Ann Clarke (May 17/2005)
  
  

• My spouse is considering bankruptcy due to a debt incurred by him and his previous partner. I am not a party to that debt. Can any restrictions or obligations be placed on my financial affairs by the trustee?
  response from Ann Clarke (May 17/2005)
  
  

• I am an Alberta resident. I am in debt beyond what I could ever pay back. I am considering going to Toronto to try and make a fresh start. MY wife who is working will remain here with the kids in the meantime. Can I file for bankruptcy in Toronto or does it have to be done here in Alberta? Thank you.
  response from Ann Clarke (May 17/2005)
  
  

• My husband passed away 4/26/05. He had 50,000+ credut card debt, Is there anyway the credit card company would lower the balance if I pay a percentage within a short period of time. I am not working and my husband's income is ceased. His life insurance will pay the funeral expenses and some of the credit card debt. I owe on our home, but I don't want to lose my home. Can you help or advise me?
  response from Ann Clarke (May 17/2005)
  
  

• I need to declare bankruptcy for $60,000 in business debts. I have recently had an inquiry to maybe sell my business - I am asking for $60,000. However, I am wondering if it is worthwhile to push for the full amount and risk losing the sale - or accept the best offer and make a consumer propersal to my creditors? I currently own a house & adjoining piece of land valued at $160,000 together, but I have a mortage of $20,000 on the land & $135,000 on the house - because I renegociated the mortage a year ago to pay down some of my debts. I have no other assets of value. I am up-to-date on my mortgages and wish to keep both - would any of the proceeds go towards these mortages? Would I be allowed to keep any of the proceeds of the hopeful sale of my business, or will I have to give all to my creditors??
  response from Ann Clarke (May 17/2005)
  
  

• My husband and I are currently separated and the joint debts are large. I'm trying to keep up with payments on my own but am afraid my husband will declare bankruptcy without letting me know and leaving me on the hook for everything. Is he obligated to "serve" me with some kind of notification that he has filed for bankruptcy?
  response from Ann Clarke (May 12/2005)
  
  

• I have lots of debt and collection agencies are after me. Nothing really major, things like past bills, bank overdrafts, and the big one is I owe sfi (social services) $1300. I am never going to be able to repay this so I should apply for bankrupcy right or I will never have good credit again and someday I would like to have a credit card.
  response from Ann Clarke (May 12/2005)
  
  

• My husband and I have been living separate and apart since July 2004. No official separation agreement in place, no communication due to Restraining Order. He has not paid a penny towards any of the joint debts (line of credit, credit cards) since separation. I can no longer handle the bills on my own income. Can I claim personal bankruptcy on my own even though still legally married? Would he be notified if I were to pursue that?
  response from Ann Clarke (May 11/2005)
  
  

• What is the definition of sell in bankruptcy?
  response from Ann Clarke (May 9/2005)
  
  

• My husband and I took out a second mortgage on our home last month to do some work to the house. Last year we went to a credit counselling company to consolidate all of our credit cards, can we go bankrupt so soon after getting a second mortgage and will we lose our house.
  response from Ann Clarke (May 9/2005)
  
  

• Can you please tell me if you loose your absolute discharge is it possible to get another one?
  response from Ann Clarke (May 8/2005)
  
  

• I am in the process of my first Bankruptcy, and have made one court appearance already. I strongly believe that my current Trustee is being unfair and biased towards my issues and case, and unjustly extending the whole process. Under the provisions as granted by Alberta Laws, can I change Trustee at this point in time? I am very unsatisfied with the way the Trustee has handled the case.
  response from Ann Clarke (May 5/2005)
  
  

• My mother-in-law was discharged from bankruptcy a few months ago - second time, she went to an accountant to help her file her taxes for 2004. My mother-in-law also has been caring for her daugher who is a dependent adult with disabilities, her accountant has advised her she could claim for her as a dependent, apparently she was not aware of this before. They will be asking for reconsideration of the previous years taxes dating back to when her daughter was considered handicapped. My mother-in-law has been advised that if successful she may be entitled to over 13,000.00 more or less. My question is does this go to the trustee? Will she see any of this amount? What does she need to do?
  response from Ann Clarke (May 4/2005)
  
  

• My wife and I would like to do a consumer proposal. We owe about 60,000 in credit card debt and have a high debt ratio. The problem is, we assumed a mortgage last year. Our mortgage term is up in the summer of 2006. We have a 2nd mortgage of about 35,000. We would like to consolidate this into the first mortgage. My understanding is that under a consumer proposal, one can't enter into any new contracts until the proposal is finished. If we do a consumer proposal, will it cause a problem with our attempts to consolidate the 2 mortgages?
  response from Ann Clarke (May 4/2005)
  
  

• I claimed B/R in '02 and was sine die in 03 and still can not get discharged because of the trustee. I will soon be released from the trustee back to creditors. What must I do to get this ended if the trustee won't work with me do to calling super of B/R?
  response from Ann Clarke (May 3/2005)
  
  

• I claimed B/R in '02 and was sine die in 03 and still can not get discharged because of the trustee. I will soon be released from the trustee back to creditors. What must I do to get this ended if the trustee won't work with me do to calling super of B/R?
  response from Ann Clarke (May 3/2005)
  
  

• My husband and I are trying to buy a house and are having trouble getting a morgage. We have been out of bankruptcy for 4 years and are finding out that we need 25% for a down payment. This we don't have. Is there anything we can do to get the downpayment lower? Or any way we can assume with little money down?
  response from Ann Clarke (May 3/2005)
  
  

• Due to bad decisions and money management,as well as an employment change, I am considering bankruptcy. I owe around 12,000 on a scotiabank visa, and the same on a line of credit with them. I also have a chattel mortgage through scotiabank on a mobile home in which I owe 33,000 dollars. I would be lucky to get that much if I sold, so I have no equity to speak of. Will my mobile home ownership be affected if I go through with this? I also bought 2500 dollars worth of furniture on a department store card in November which I fully intended to pay off, but am now unable to because of the overwhelming interest and debt. My change in employment does not pay as much at this point either. Will this be considered fraudulent use of credit to apply for bankruptcy so soon after such a major purchase? All payments up to this point have been on time, but I have juggled like crazy to meet them and will no longer be able too. I also owe a lot of money to friends which I plan to pay back after I sell off stock in a self directed rrsp at a huge loss. An outstanding overdraft of 1500 dollars exists at the bank where I have this rrsp. Will this also be cause for concern if I sell this stock to pay debts to friends, yet an outstanding balance remains on overdraft after stock is sold? I dont know what else to do, and just want to get this all behind me.
  response from Ann Clarke (May 2/2005)
  
  

• In section 178, what is meant by "restitution order". And what kind of situations can result in a "restitution order". I read of a DJ who got a civil case against him for defamation and has to pay $300,000. Is that considered restitution? Can restitution result from civil cases and if so what kind?
  response from Ann Clarke (May 2/2005)
  
  

• Can you file bankruptcy on 2 mortgages?
  response from Ann Clarke (May 2/2005)
  
  

• I was discarged from bankruptcy about 8 months ago. I had a student loan of about $10,000 dollars. Half of this was from about 12 years ago, and the other half from 8 years ago. I was told that my loan would not be included in my bankruptcy, but I have not heard a word from student loans, and it doesn't show on my credit report. Could they come after me in the future with interest tacked onto the principal?
  response from Ann Clarke (April 28/2005)
  
  

• I have been unemployed for the past 4 years and live in an apartment. I do owe a car. I have no source of income and have 80,000 dollars on credit cards.I have no bank balance. How do I declare bankruptcy? How long does it stay on my records? If I get a job, will the creditors come after me? What is the fee to get a bankruptcy lawyer? Please help as I am going crazy.
  response from Ann Clarke (April 27/2005)
  
  

• If I sell my home to handle debt and find that the equity is not enough to handle all of same, would I still be able to declare bankruptcy?
  response from Ann Clarke (April 27/2005)
  
  

• I submitted a question the other day but never recieved a reply so I will try again. We have been out of bankruptcy since 2001 and one of the creditors we are a member at that store we are suppose to get dividend chegues once a year but we have not recieved one since the bankruptcy. Are they entitled to hold theses cheques from us? We have been discharged since 2001 and creditors paid, and we have not been recieving anything. What can be done or are they allowed to keep the dividend cheques from us?
  response from Ann Clarke (April 27/2005)
  
  

• Due to a court order, my ex-spouse has been ordered to pay back a debt personally to me of approx $13000.00. She had quit her job during the court process, and has started a small business which I can only see as a chance for her to hope and receive the child support that was ordered to me. The Alberta judge being considerate ordered the $13000.00 to be paid back at less than $75.00/month, so that she may proceed with her small business. I had no issues with that, but she has now stopped paying this month. Although it is only $75.00/month, I can see that she has other debts that are catching up to her. She has also made comment that she has not worked for months now due to disability. I see possible bankruptcy, due to her trying not to work. My questions are: Can I register this $13000.00 debt somewhere, now that she has stopped paying monthly? Would this put a lien on the selling of any personal objetcs (ie. automobile)? What if she declares bankruptcy with this personal debt to me? Thank you in advance.
  response from Ann Clarke (April 27/2005)
  
  

• Do you have online forms for orderly payment of debt?
  response from Ann Clarke (April 27/2005)
  
  

• I reside in the state of California. If I file a bankruptcy chapter 7 will this keep from being bondable? I am in the finance business?
  response from Ann Clarke (April 26/2005)
  
  

• My daughter separated from her husband and moved to Manitoba and had all legal bills etc. moved over to her husband except for the mortgage on their home on which she had to leave her name on for one full year,that they had just bought. The husband is now tryimg to file for bankrupcy on his loans and mortage which amount to about $200,000. He is working making about 60 to 70 thousand dollars a year. Can he file for bankrupcy and will she be liable for any debts?
  response from Ann Clarke (April 26/2005)
  
  

• I had a student loan 10 years ago, some was from the Alberta student loans centre and the other was from the government student loan. I was not aware that the two were different. About 2 years ago I recieved a court order to go to court as I could not pay the loans as I am a single mom. I took the court order to credit counceling services and now have an OPD. Now UI is paying for me to be retrained as I lost my job of 9 years. When I got the forms from the government saying they would pay for my course they noted my student loan on the form. But the amount was different from the amount that OPD said I owed, I have since found out that I was paying just the alberta part of the loan. and not the other part. (from the government) Can they still come to me for the rest of the money? Why have they not contacted me? I cannot afford to pay anymore and am scared that when I have finished paying the alberta loan that I will have to spend the next 10 yrs paying the other.
  response from Ann Clarke (April 25/2005)
  
  

• I have been paying and OPD for two years, I am now attending school and hope to open my own bookeeping business. Can I do this while I am under Consumer Counseling for repayment of debt? I still have 5 years to go.
  response from Ann Clarke (April 25/2005)
  
  

• I have recently moved out of the country looking for alternative health options. I wish to claim bankruptcy. I have 2 credit cards with a debt of cibc Visa 10,000/ bank of montreal Mastercard 3,000/ 30,000 loan with a co signer from 1st calgary bank. I am going through a divorce at this moment. Who do I contact? Who will be affected? How much will it cost?
  response from Ann Clarke (April 25/2005)
  
  

• My son purchased a home in June 2002. I co-signed on the mortgage at the time. I had my name removed from the mortgage in 2003. My son has been living with a woman since March 2001. Since they have moved into this house, they have accumulated a further $20,000 + debt. The woman has hardly worked throughout their relationship. Her name is not on the mortgage but is on the other debt. The value of the house has apparently gone down instead of rising (pretty bad since the Northern Alberta housing market is continually rising). If the house is sold for less than the mortgage, who is responsible for the balance? Could I be responsible? Could my son claim bankrupcy for the balance of the mortgage and the other debt? What would her responsibility be? Thank you.
  response from Ann Clarke (April 25/2005)
  
  

• My wife and I were just discharged, when we entered into bankruptcy, we had a neon it was used a security on a loan. The bank never came to get this car. And the loan was part of the filing. There is a lein on the car, is the car ours now? If so what do we do to get the lein removed?
  response from Ann Clarke (April 22/2005)
  
  

• My husband and I have both been bankcrupt in the past, and now again are facing severe financial stress. We do not have any credit card debt but do have personal loans of approximately 10,000.00. This debt was incurred as my husband has alcohol problems and was incarcerated in 2003 for 4 months. He left not a cent in the bank account and i had to borrow from family members, to pay bills and living expenses. We were behind as preceding his arrest he had heavy legalbills. I had been on disability pension for some years and in 2003 went back to work part time. I have now gone to work full time but because of pension and wages, I now owe revenue canada 4,500.00. I received pension as per cpp instructions. My husband owes taxes in the amount of 4000.00. We have no assets or savings. My husband has locked in LIF in the amount of 10,980.00. He wants to have the money release to revenue canada topay tax debt. Is this possible as we do not want to declare bankcruptcy. Thanks.
  response from Ann Clarke (April 22/2005)
  
  

• My husband filed for bankruptcy on his business which meant personal also. He has previously filed and been discharged but this is his nd time. We have rec. a back pay of child tax for 2002 and 2003. Will the government take that or also will 1/2 be taken cause the income will be over the set amount monthly. The tax comes in my name. Thanks, Debbie.
  response from Ann Clarke (April 22/2005)
  
  

• I received a discharge to a bankruptcy a year ago however two creditors have gone ahead and filed and received judgements against me for debts from before the bankruptcy. How do I get these items expunged?
  response from Ann Clarke (April 21/2005)
  
  

• Several years ago I was reassesed by Revenue Canada for several hundred thousand dollars. All disputes and appeals failed and eventually two years ago I declared bankruptcy. I was discharged a year ago, but I have since been told that Revenue Canada have a unique status in law so that they can still come after me for the money down the road. Is this correct?
  response from Ann Clarke (April 21/2005)
  
  

• I own a small limited company with steady work, my company grossing about $40,000 per year, take home about 27,000. My accrued debt to credit cards equals about $14,500 plus an additional estimated $25,000 in back taxes. I also have a personal line of credit running about $ 4000. My wife is pregnant, unable to work for more than a few months and has bank loan debt of about $ 12,000. What is our best plan of attack? Bankruptcy? Credit Councelling? We have no equity, property, RRSP's, investments of any type, and a vehicle worth about $1500. What are our best options at this point?
  response from Ann Clarke (April 21/2005)
  
  

• My boyfriend got this phone call from a credit company saying he owed 5 grand, he had forgotten about this account through a divorce, a few yers later now they caught up with him, his credit is awful, and a lawyer called hime the other night, he offered to pay 75.00 per month, the lawyer refused and said, we will just take you to court or garnish your wages, can they so this even though he offerd to make a payment, and if itdoes got court, can he get the attorneys fees waived? Thank you.
  response from Ann Clarke (April 21/2005)
  
  

• I am engaged and have a joint checking account with my fiance. I am planning on filing bankruptcy before we get married. Will that affect our joint account? Should I take my name off before I declare? I know that I will need to have my account statements with me, this will show his deposits and debits also, I'm not sure how that will work. Thanks.
  response from Ann Clarke (April 20/2005)
  
  

• I am declaring bankruptcy in a little while, I have an excess equity in my house of $10,000 but also have a lean on against the house for $12,000 that I have been borrowing from a friend @ $1000/month. Will this still count as a $10,000 excess equity even though I owe $12,000 from it to someone?
  response from Ann Clarke (April 20/2005)
  
  

• Let's assume that one's company is heading for bankruptcy in the next six months. At present, the company's funds are so depleted that you are faced with the dilemma of paying either CRA or Workers Compensation as there will only be enough money left to pay one or the other after the employees have been paid. With regards to weighing the consequences of late payments to both organization including the monetary costs, trust obligations and liability. Which would you pay?
  response from Ann Clarke (April 20/2005)
  
  

• The same bank has my one of my visa's, 2 different line of credits, a vehical loan and an overdraft. I was wondering if that bank gets 5 votes in a proposal or just one?
  response from Ann Clarke (April 18/2005)
  
  

• I spoke with a trustee who explained that if I claim bankruptcy with their company, I will be accepting the condition that I will have to pay them a calculated fee each month for at least 9 months and as long as 21 months. He exlained that if I do everything right, I will be expected to pay longer, whereas if I am unable to pay or lose my job, or circumstances arise that deem me "unresponsible", that I will only need to pay for 9 months. This sounds crazy!! I'm being punished for being responsible??? Please explain.
  response from Ann Clarke (April 18/2005)
  
  

• Due to an extended illness I have just filed for bankruptcy and one of my creditors is a $30,000 debt to my father. The other debts are a credit card, alberta health and Canada Revenue. How do they disperse payment?
  response from Ann Clarke (April 18/2005)
  
  

• Hi, I am currently employed but my husband is on a disability pension.our total income is $29,000. My mortgage/mortgage insurance payment is $900.monthly,and we recently applied for a debt consolidation loan for $15,000.the payments of which are $188.00 bi-weekly.we were allowed to keep the one credit card,but now I find that the debt is rising at an alarming rate for that one again as I am finding it very hard to live until the next payday comes along,and keep up with all the utility and regular food etc.bills.The same bank holds both the mortgage and personal loans.There might be $14,000 equity in the home at the outside,and I have two cars both paid for and both not worth more than $1000. each.Would I qualify for bankrupty? Thank you for your consideration.
  response from Ann Clarke (April 18/2005)
  
  

• I am considering a job offer that would involve me moving to the United States. I am also a us citizen and a canadian citizen. Would my canadian bankruptcy affect my us credit? i have not filed for bankruptcy but am in a bad position financially and may have no other choice. Could you give me some advice on this matter? Thanks, Dave.
  response from Ann Clarke (April 18/2005)
  
  

• If I am to claim bankruptcy today as a single woman with no dependants, and then were to get married next summer, will my husband's income be taken into account; will he be liable for any of my debt?
  response from Ann Clarke (April 18/2005)
  
  

• If you are not granted an absolute discharge from your 2nd bankruptcy but given a suspension what are you required to do during the suspension period? Does it require a second court appearence.
  response from Ann Clarke (April 15/2005)
  
  

• My husband and I both work full time (with 2 young children in daycare) we barely make ends meet and have a student loan debt of approximately 80,000 between us. My husband was laid off last year and we went into debt for about an additional 20,000 before he found work. We are almost out of interest relief on our loans and are facing major financial difficulty if we are reguired to pay the over 1600.00 a month in student loans, plus credit card debt and living expenses. What can you recommend especially with regards to studnet loans? Thanks.
  response from Ann Clarke (April 14/2005)
  
  

• Could you please tell me what the fees would be for filing a proposal? Is it a percentage of the amount owing? What kind of payment arrangements do you accept for these fees? Thanks.
  response from Ann Clarke (April 14/2005)
  
  

• I qualify for SFI (supports for independents) due to health problems, (I can't work) However, I have credit card bills. Can social services deny me my SFI?
  response from Ann Clarke (April 13/2005)
  
  

• I will be discharged from my bankruptcy on June 2, 2005. My question is this, how long after I get discharged can I go on a mortgage? My partner is planning on selling her house and getting a bigger house and I want to use my income as addition income to help her get approved for a bigger mortgage. Will going bankrupt cause her to be delined, I want my income to count even if I am not on the mortgage directly? Thanks, Jamie.
  response from Ann Clarke (April 13/2005)
  
  

• If it has been more than 10 years since your first bankruptcy (discharge)and you file for a second bankruptcy is a absolute discharge generally given after the 9 month period of the 2nd one?
  response from Ann Clarke (April 12/2005)
  
  

• Once a person is discharged from a b/r can they apply for a mortgage if a lender would look at them.
  response from Ann Clarke (April 11/2005)

Our qualified Alberta trustess are familiar with all aspects of
Canadian bankruptcy law. We currently have offices in
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