Someone filed a claim against me but I filed for Bankruptcy in Canada

Claims Filed After Bankruptcy

Can someone file a claim against you if you filed for Bankruptcy? There are two parts to this that you will need to review.

Stay of Proceedings, as soon as your consumer proposal or bankruptcy is filed, the Stay of Proceeding automatically comes into effect. As a result, legal notices will then be sent out to any persons/companies that have a legal action against you. This covers your unsecured debts. Essentially, the Stay of Proceeding STOPS someone from starting, continuing or enforcing any legal action against you (regarding your unsecured debts). It is important to inform your Trustee of all your debts and to not leave anything out.

Legal Action after Bankruptcy or a Consumer Proposal

If you happen to receive any notice of legal action from your unsecured creditors after your bankruptcy/consumer proposal has been filed, then you should contact your Trustee, inform them of this legal action so they can then send out the Stay of Proceedings to the unsecured creditor;

The Stay of Proceeding is also sent to the court that is handling the legal issue. If you were dealing with wage garnishment for example, the Stay of Proceeding would let the courts/employers know to stop the wage garnishment.

With the Stay of Proceedings, this only helps protect you against your unsecured debts that are covered within your bankruptcy filing or consumer proposal.

Defaulting on your Consumer Proposal

If you fail to meet the terms of your Consumer Proposal and it goes into default, this could cause your Stay of Proceeding to be lifted, and as a result, your creditors will regain their full collection rights, including court action.

There is the chance that the Stay of Proceedings could be lifted via the courts if a creditor applies for this. They do have the right to ask the courts if they are looking to pursue a certain legal action against you. However, the lifting of the Stay of Proceedings would usually only be granted to allow the creditor to seek a court decision on an undecided claim, but once decided, the Stay of Proceedings would usually be reinstated.

Depending on your financial situation, either a proposal or bankruptcy could be a viable option for you to help you get out of your financial hardships. If you are having financial problems, take the time to contact our offices for a free initial consultation. See what your options are and to help get a new start on life.

Take Your First Step Towards A Debt Free Life

If you are overwhelmed by debt and live in the Toronto area, call us at 416-498-9200 to book a FREE, confidential appointment. We will review your financial situation in detail and discuss all of your options with you. Alternatively, you can fill out the form below and our team will reach out to you. 

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Ready to live debt free?

I cannot emphasize enough how thankful I am for Jackie Stanley's help with filing for bankruptcy.All of us dread being put in this position and we have a million questions about the process but trust me Jackie makes it so easy for you that you don't have to do anything yourself!She is very kind and friendly and puts you at ease right away. She emphasizes with you and let's you know it's not your fault.Most importantly when you leave that first meeting you will not believe the load that is taken off your shoulders. You can actually feel it!You are a godsend Jackie and I can't thank you enough!!I hope you are highly valued there as much as you are by me!
Sue Murray
18:45 05 Dec 21
Putting together and executing a Consumer Proposal can be daunting, that is unless you work with Cori Naron at David Sklar & Associates Inc. Cori's advice and support has been instrumental over the past five years. Thank you Cori!!
Barry Kuntz
20:37 01 Dec 21
I’m very happy with the services I received for Jackie Stanley who helped me get my finances in order. It was a quick and easy process & all of my questions were answered.
Amanda Frappier
01:18 19 Nov 21
I have had the privilege of being supported by Jackie at David Sklar Associate. She was very helpful, very professional and very friendly. She gave me the help I need. Thank you Jackie for your help.
Alex Taylor
22:03 17 Nov 21
Got my probe solved, great service
arny raposo
17:02 11 Nov 21
Jackie at Daivid Sklar and Associates is such a pleasure to work with. She explained everything in great detail and is always there when I have a question or concern. She really cares about her clients.
Steve Medica
09:33 10 Nov 21
I filed a proposal with another group, which came in as a referral from one of my brokers. My experience went from ok to bad to worse, due to lack of communication and education on the process I was to embark on. I worked with Cori Naron in the past, and I came to her now for help on literally doing the work that the other group should have done. Cori stepped in, educated me, advised on rights, responsibilities, how the process works and what potential outcomes may happen. I do not have enough words of recognition and gratitude for what she did - she alleviated stress, anxiety, dead-end thoughts and she made me live again. Congrats to DSklar for hiring her and retaining such talent.
Giani Kokolakis
18:45 25 Oct 21
Very professional service. Before contacting David Sklar & Associates i contacted bunch of other firms they seemed fishy. After I spoke with Jason Sklar at Hamilton Office I discovered professionalism with hope. I was explained every step of my situation with solution professionally. Thank you David Sklar & Associates.
Wajay Awan
07:29 12 Oct 21
I met David a few months ago and i am glad I did. He has helped me all the way through my bankruptcy with good advice and explained every step of the process. David is a very down to earth and very professional. Anytime I've had a question I was able to reach out to David by phone or email and he always got back to me. If your struggling with your bills and need a way to get help, I strongly recommend David Sklar &Associates to help you. My experience with them on 1-5scale would be a 5;; My life is so much better now, thanks to David Sklar.
Bruce Locke
16:13 08 Oct 21
I have had the privilege of being supported by Jackie S, at David Sklar n Associate.She was helpful, professional and friendly. I was able to get the help I needed at a difficult time in my life. I would recommend anyone who needs support with working out their debts to ask for Jackie, she will be waiting to assist however she can to help you through your debts. She works with a team who is always ready and responsive.Thank you Jackie and your team:)
Denise Simpson
15:17 09 Sep 21
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