Navigate Up
Sign In
Financial Help and Advice > Financial Help & Advice - Details

Judgments, Credit Card debt and Bankruptcy

Hello,

If it was determined that bankruptcy was an appropriate option for you, the credit card debt would be extinguished or "discharged" as part of the process (assuming of course the credit card debt did not arise from fraud).  For this to occur, you would have to complete the duties required in your bankruptcy and receive a Certificate of Discharge (or if discharged by court it would be an Absolute Order of Discharge).

Upon filing for bankruptcy, the judgment would no longer be enforceable however it would remain on the title.  Upon receiving your discharge, you could contact the lending institution about removing their judgment.  In most cases the lender will not be too keen on incurring further expenses to remove the judgment.  As such, you would most likely have to arrange for preparation of the appropriate discharge form and then send it to the lender for purposes of obtaining their signature on the document.  Upon receipt of this document, you would provide a copy to the Land Titles office for purposes of getting the judgment removed.

Keep in mind that it is not the Trustee's role or responsibility to remove judgments from property.

Brad Milne, CIRP

Brandon, Manitoba



comments powered by Disqus
Facebook
Twitter
LinkedIn
GooglePlus
You Tube
MNP Debt Blog