Liens And Bankruptcy

2009-09-30

Hello, The answer to your question depends on the circumstances.  If a creditor has obtained a judgment through the court for a debt incurred prior to the date of bankruptcy and then registered this judgment on your property, it is not likely enforceable after the date of bankruptcy.  There is a stay of proceedings in effect that prevents creditors from continuing or commencing any further collection efforts.  At the same time, there are a few exceptions.  For example, if Canada Revenue Agency placed a statutory lien on your property prior to bankruptcy, this lien remains enforceable. It should also be noted that bankruptcy does not interfere with the rights of secured creditors.  If you have a car loan, for example, you must continue to make the payments provided the creditor has taken the car as collateral on the loan. There are many variables that come into play here depending on who the creditor is and the nature of the debt.  Generally speaking, however, the stay of proceedings prevents a creditor from contintuing their collection efforts. Brad Milne CIRP Trustee in Bankruptcy Brandon, Manitoba

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