Bankruptcy - collection after discharge - Canada

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RE: collection after discharge

Postby royaldrunker » Sat Jan 22, 2011 03:36:45 PM

Hey footloose

I understand that, and i put the SOL in for argument sake but the fact that telus telling me today about there inquiery on 2008 and saying that basically the debt was undischargeable didn't make sense to me. And what legal right do they have to then put it to collections, under the bankruptcy protection act..
royaldrunker
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RE: collection after discharge

Postby footloose » Sat Jan 22, 2011 03:27:45 PM

This Telus debt has got nothing to do with the SOL. As long as it was included in the bankruptcy, the creditor cannot sue you even after your discharge. Therefore, if a creditor cannot sue you, the SOL has no application.
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RE: collection after discharge

Postby royaldrunker » Sat Jan 22, 2011 03:18:31 PM

ty footloose for the info

i have talked to my trustee and she informed me that shes not a lawyer and couldnt give me much info on SOL but i will contact them again and ask for the paper work on telus
royaldrunker
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RE: collection after discharge

Postby footloose » Sat Jan 22, 2011 03:12:23 PM

Contact your Trustee in Bankruptcy. There appears to be a communication problem here. Your Trustee should be dealing with this matter and not you. If the Telus debt was included in the bankruptcy, it should not be showing as a collection account on your credit report. One of the purposes of a bankruptcy is that a creditor is prohibited from suing you.
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collection after discharge

Postby royaldrunker » Sat Jan 22, 2011 11:10:12 AM

hello all
i was recently discharged as off september 2010
i started my bankruptcy as of 2006 which took a little longer to finalize

The collection that showed up on my bureau as of november 2010 was from collectscents with a telus mobility account that went delinguent in 2002 and last activity..

I called telus and they informed me that as of 2008, because i wasn't discharged yet that it was nolonger included in the bankruptcy and i also contacted collectscents and now there inquiring into what happened and why they have a debt 8 years old...

the statute of limitations is over 6 years of last payment
the telus bill is included in the discharge
The trustee did give collection company a minimal amount of money from my discharge showing payment dec 2010

the collection on my bureau is still showing $823.00

what are my options as i am now needing this resolved

ty cheers
royaldrunker
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Posts: 5
Joined: Sat Jan 22, 2011 10:45:21 AM
Province: BC


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