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canada debts
John:
Your comments make me wonder what is a debt? If a debt is over 10 years old and very likely past any statute of limitations for collection is it a cognizable bankruptcy debt:
according to 101 (12) a debt is a liability on a claim.
Both asa trustee and as a debtor's lawyer I have objected to claims as being beyond the statute of limitations.
As a result, a debt barred by the statute of limitations may be a moral debt, but not a bankruptcy debt.
If Canada has a law like we do, that stops the running of the statute of limitations while one is outside of the country, then the debt may still be a debt, but if the Canadian debts have had their statute run, I would only list them for notice and list them as disputed.
dennis
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Yes, but list it as disputed. Don't know the statute in Canada, but it has probably run.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jan 19, 2010, at 10:22 AM, "jan.quaglia" wrote:
in a chapter 7...can an individual include unsecured debt from cananda that is over 10 years old?
Yes, but list it as disputed. Don't know the statute in Canada, but it has probably run.Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Jan 19, 2010, at 10:22 AM, "jan.quaglia" <
in a chapter 7...can an individual include unsecured debt from cananda that is over 10 years old?
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As I understand it, and tell my clients its the person going through
bankruptcy, not their goods and debts. The debtor doesnt get to pick and
choose which debts to discharge, nor which assets to report. So yes, an
individual can and must include an unsecured debt from Canada thats more
than 10 years old. I doubt the Canadian courts would enforce a US
bankruptcy order, but the US courts sure will.
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On 1/19/10 10:22 AM, "jan.quaglia" wrote:
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Re: [cdcbaa] canada debts
As I understand it,
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