Bankruptcy Edmonton Questions
Bankruptcy Question & Answer Forum - Edmonton
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Anonymous |
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July 4, 2008 |
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My question is this. After filing bankruptcy I was in a very bad divorce with my exwife. we or should I say, she, my ex wife asked her parents for numerious cash loans that went to pay her daughters expenses while she was on drugs. My ex wife's parents payed for the bankruptcy and my ex did not have to file. We have been divorced for 2 years now and she and her parents are asking for the loan to be payed back. I never agreed to pay the money back, I signed nothing that would hold me responsible and never made a verable agreement with her parents. They are asking for 40K, they no I have no capitol and are seeking to inprison me since they do not want monthly payments. Can I go to prison for this loan that I did not want in the first place? The bankruptcy occured while my ex and I wre still married. Thank you for any response you can give me.
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Karen, Alger & Associates Inc. |
Date: |
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July 9, 2008 |
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If these individuals want to collect a debt from you, they have to first of all prove it was incurred after your bankruptcy and if you are not willing to pay as you feel you do not owe it, then they will have to seek a judgement of the court for payment. This means proving the debt to the court and you will also be provided an opportunity to defend the action. Civil suits do not usually result in prison sentences, criminal actions generally do. It doesn't appear there was any criminal activity involved. If the only issue is the debt then going to prison is not a likely result. I am thinking they would have a difficult time proving you incurred the debt at all, and if the majority was prior or during your bankruptcy, then they would likely not have a case at all.
Karen Rideout
phone: (403) 296-2973
If you wish to talk to one of the Edmonton bankruptcy professionals at Alger & Associates Inc., you can call us TOLL FREE from anywhere in Alberta at 310-8888. After hour appointments at our Edmonton bankruptcy offices are available.
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