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    sanazsehhati's Avatar
    sanazsehhati Posts: 1, Reputation: 1
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    #1

    Jul 29, 2010, 09:58 AM
    Canadian law regarding debts
    I was hired to work in the UAE and my contract was for 3 years. I got couple of credit cards while working there. Unfortunately my contract was termminated illegally ( law of termination is 1 year and mine was terminated 18 months after) .I had credit shield with my credit cards and I wrote to the banks and send them a copy of termination letter. Now after 13 months a collection law firm from the united states is writing me representing the banks and asking me for the money.
    Could they ( a U.S firm) come to Canada and sue me for a loan which was in the UAE? Could they take my equity in the house, The house is a joint one and does not have much equity. I filed for bankruptcy in Canada last year prior to this incident. My bankruptcy has been finalized.
    Appreciate your help.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 29, 2010, 10:18 AM

    I don't completely understand your question but, yes, a US collection company can attempt to get payment from you outside the US.

    Did you get a response from the credit card companies that your balances on the cards were paid or cancelled?

    Did you list this as a debt on your bankruptcy petition? In the US if you have credit card insurance and you file in bankruptcy you list that debt if you don't have a discharge letter from the credit card company.

    If there is a Judgment against you, yes, the creditor can file a lien against anything you own, individually or jointly, again, with a few exceptions.

    Did I cover it all?
    Iknowalotofstuff's Avatar
    Iknowalotofstuff Posts: 144, Reputation: 1
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    #3

    Sep 1, 2010, 01:11 PM

    If you listed the debts created in the UAE in your bankruptcy, the creditor will be prohibited by your discharge from enforcing collection in Canada. Should you return to the UAE, the collection of the debt can be enforced there. A judgment obtained in the UAE would be subject to discharge in Canada.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 1, 2010, 01:49 PM

    I'm reading that the Bankruptcy filing and discharge were PRIOR to this incident.
    Iknowalotofstuff's Avatar
    Iknowalotofstuff Posts: 144, Reputation: 1
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    #5

    Sep 1, 2010, 01:57 PM

    Whatever the balance of the UAE debts were at the date of bankruptcy, that part would have been due at the date of bankruptcy and is a debt provable in that bankruptcy. If notice of the bankruptcy was not provided to the UAE creditors, it should be sent now. All debts owing at the date of bankruptcy whether listed in the Statement of Affiaris or not are subject to the discharge.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Sep 1, 2010, 02:35 PM

    That I know - the bankruptcy has been finalized which in US means it's been discharged.

    The OP can reopen the bankruptcy petition in Canada when additional debts are incurred?
    Iknowalotofstuff's Avatar
    Iknowalotofstuff Posts: 144, Reputation: 1
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    #7

    Sep 1, 2010, 05:32 PM

    I am not sure what "OP" is?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Sep 1, 2010, 07:02 PM

    Original poster - I'm sorry. It refers to the person who asked the question.

    Took me quite a while to figure it out and now I forgot to tell you!
    Iknowalotofstuff's Avatar
    Iknowalotofstuff Posts: 144, Reputation: 1
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    #9

    Sep 1, 2010, 08:45 PM

    With respect, the original poster does not have to reopen the bankruptcy. The debt is either part of the bankruptcy or it isn't. The bankrupt either owed the debt or part of the debt on the date of bankruptcy or didn't. If she did, then the debt is part of the bankruptcy. If she didn't, the debt is not. The bankrupt should not have to go to additional expense for a debt that is by law subject to discharge. The bankrupt should give the agency the name of the bankruptcy trustee and leave it at that.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Sep 2, 2010, 04:55 AM

    We're just going around in circles here. I am reading that the OP filed in bankruptcy and was discharged PRIOR to this debt. You are not.

    I think it's all been said.

    Time to close - ?
    Iknowalotofstuff's Avatar
    Iknowalotofstuff Posts: 144, Reputation: 1
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    #11

    Sep 2, 2010, 05:33 AM

    The debts were incurred while the bankrupt was in the UAE. The bankruptcy occurred after she returned to Canada from the UAE. The "incident" being the contact by an American collection agency happened after the date of bankruptcy. My point is that the US collection agency either as agent for the UAE creditor or the purchaser of the bad debt cannot proceed against the bankrupt because at the date of her bankruptcy she owed money to the UAE creditor, the debt is provable in her Canadian bankruptcy, was or will be discharged and enforcement of the debt cannot happen in Canada. If she returns to UAE, that is a different problem.
    Nowhere in the post does it say that the debt was incurred after the date of bankruptcy.

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