Legal Question in Bankruptcy in Canada

Personal Creditors Rights in Personal Bankruptcy

I live in the states and have made several personal loans to someone in canada, they say that they have filed personal bankruptcy and won't give me any details. How do I find out if they filed and what do I have to file inorder to be paid back. Most of the loans were for college tuition. Also, is there a time frame in which this has to be completed and what happens if they do not list me as a creditor in their bankruptcy?


Asked on 2/12/03, 8:03 am

2 Answers from Attorneys
Lance Spodek Lance Roger Spodek, P.C.

Re: Personal Creditors Rights in Personal Bankruptcy

I am a New York State attorney only. This reply is most general in nature. The bankruptcy courts in Canada will have information on if your person has filed and information regarding filing a claim. If the person has no assets you may never get repaid.

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Answered on 2/12/03, 8:54 am
Rod Kovel Rod Kovel, Attorney at Law

Re: Personal Creditors Rights in Personal Bankruptcy

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

I generally concur with previous response, but also suggest getting a reference to Canadian lawyer(s) in the relevant provinces so you can get a more definitive response about your rights under the Canadian bankruptcy and debtor/creditor laws.

Rod Kovel

Attorney at Law

516-312-9900

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Answered on 2/12/03, 11:05 am


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