I Delared Bankruptcy In 2002 And Now Have A Collection Agency Hounding Me With P

2011-06-28

Hello, This happens on occasion.  You should advise the collection agency that you filed for bankruptcy back in 2002 and that the debt would have been included in that proceeding (assuming it was incurred prior to your filing date). You should refer to the Statement of Affairs that was prepared at the beginning of the process, a copy of which would have been provided to you by the Trustee at that time.  The Statement of Affairs includes a list of your debts and the amounts owing, assets and related values, etc.  Check to see if you identified that particular creditor on your Statement of Affairs and if so provide a copy to the Collection Agency so that they will stop calling you.  As an alternative, you could also refer them to the Trustee's office who could in turn provide relevant information to the collection agency. If the debt was incurred prior to your bankruptcy and you forgot to include them, the debt would still be extinguished assuming you received your discharge from the bankruptcy.  If anything, you could be liable for the dividend they were entitled to receive in your bankruptcy.  If creditors did not receive a dividend, there would nothing owing to this particular creditor. Brad Milne, CIRP Trustee in Bankruptcy Brandon, Manitoba  

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