Can someone who claimed bankruptcy be liable for a previous court order on debt
Hello All,
I'm from Ontario, Canada and I'm really hoping someone can help me.
I have a court order from Family Law Courts, stating my husband is "responsible for the balance and liabiliy owing on a joint credit line and shall indemnify and save harmless the respondent" (me). I have a second order finding him in "contempt" of same order. Five months later, he claimed bankruptcy. The bank does not acknowledge the orders and finds me solely liable for the debt. Understandable, I was a co-signer. His bankruptcy trustee did not notify me as a creditor. Is there any way I can get my husband to pay this debt. Don't the orders stand for something. It has effected my credit score and I don't have the money to pay it, not that I would. Should I write to his trustee asking for a "Proof of Claim" form and oppose his discharge or will this harm me more?(That's if I get it to them on time). Should I take this to small claims court and sue him for the amount? Can I sue him for more because of damages, i.e.. Credit rating, fear of garnishments (bank), lien on property? I don't know if this is worth mentioning but he had opportunities to pay the debt (inheritance/sale of estate house). A month before claiming bankruptcy he was served court docs. By FRO to attend a "Default Hearing" for support arrears (over 11,000.) to be held 2 months later. The amount was paid immediately. Not sure if he didn't realize he could not discharge the arrears. I believe he claimed bankruptcy to cause hardship and expense to me. He works under the table and has for quite some time. Sorry this is so long but I thought the more info I put out, the better understanding of my problem. Please help!! Thanks