Bankruptcy and threats of cost

[turboty]

Hi,

My ex and her lawyer have both threatened me in letters that they will go after costs if I don't sign a form.
Filed for bankruptcy in Nov. 2012. Separated since July 2009.

Not sure if this is just a threat or an actual legal procedure.???

Thoughts.

[arabian]

Bankruptcy will only give you relief for debts accumulated up to the date you went bankrupt. Any new debts incurred, including court costs for any legal action, most certainly could be directed at you.

I'd consider the letters as a warning. That may or may not be a good thing. What sort of forms do they want you to sign?

[mom2three]

It is legal procedure but whether they have a valid claim (versus you ignoring it) would be dependent on the circumstances. Your filing for bankruptcy is irrelevant in the sense of having costs ordered against you.

You have to decide whether you are willing to accept her offer or not. If you do not accept it and the judgement is in her favour, you will have to pay (some or all) legal costs. If her offer is ridiculous and you put forth a better offer then she will have to pay (some or all) legal costs.

It sounds like a complicated thing (and it can get that way), but it really is simple.

[turboty]

The form was for the consent to adjourn the trial management which I consented to.
The second form was for a CRA letter for 2011. I questioned my ex regarding the use of the form and why in March of 2013 she wanted this form. I signed it and gave it back to her anyways.

I sent an offer to settle 2 months ago and never heard from her or her lawyer and the offer expired. How DO I get costs back associated with this? If at all?

I don't even know if it is worth the effort. My greatest concern is that I am now self representing and these things are still being thrown at me.

[arabian]

When you send an offer to settle you should indicate a date that they have to respond to. If you did and they didn't respond by that date then you essentially have their answer. That is normal posturing.

While you are an undischarged bankrupt you would be expected to report any money you receive so the trustee can apply the amount to your bankruptcy estate. So I am not sure if it is worthwhile to go for costs.

It is common to state in offer to settle a statement about costs. Other people on this forum can give you the exact wording if you go about it that way. As you are self-represented there are rules regarding what is allowable in your request. Many people on this forum have been successful in getting an order for costs while they were self-represented. Of course this would not include legal costs as you have not incurred any as a self-represented individual.

I assume, from what little you have indicated, that your ex did not accept your offer to settle. I do not believe that your offer to settle letter would be admissible in trial documentation evidence.

I would recommend that you look back on this forum for other information. Pay particular attention to those labelled "sticky."