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Alger Bankruptcy Services

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Bankruptcy Calgary Edmonton Q&A Forum



If I have a civil suit pending for a canadian who owes $7k and has signed a promissory note, if she files for bankruptcy, do I have any chance of getting the money she owes? Would she have to repay the debt after the bankruptcy lifts? Can I still garnish her wages if she files bankruptcy? What precautions are put in place so she can't claim bankruptcy just to avoid this debt?



Grant Thornton Limited



Apr 16, 2015



Hi Sue, When an individual files for bankruptcy all of the unsecure debts are included with bankruptcy. This includes civil claims for a monetary repayment of a promissory note. There is a stay of proceeding which prevents collection from creditors during a bankruptcy. Once the individual receives an automatic or absolute discharge then the bankrupt is released from the debts outstanding at the date of bankruptcy. This will prevent garnishment of wages after their discharge. As a creditor you may recover a portion of what is owed to you through the realization of the Bankruptcy. The recovery is based on the individualís financial circumstance. If you have any questions or concerns you can contact the Trustee responsible for the filing and they would be happy to assist. Unfortunately, there are no precautions that can be taken to prevent a person from filing a bankruptcy.

Susan Methuen
T 403-310-8888


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