Back in 2012, my ex and I signed a Final Court Order in which He was to transfer half his pension to me so I could invest it accordingly in a plan of my own which he has not yet complied with. In 2013, my ex filed for bankruptcy and I just recently received a letter from his bankruptcy trustee that stated I was now not entitled to half his pension. As far as I can figure out, his pension is protected and can't be dissolved to pay his creditors. However, by virtue of the Court Order am I not still entitled to receive this payment? Is it possible that by filing bankruptcy he gets to retain all his pension? This certainly does not seem fair. I would appreciate any thoughts out there, before I contact my lawyer. Thank you!!
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I would first of all contact the Office of the Superintendent of Bankruptcy.
You can call there and ask to speak to a Bankruptcy Analyst. Often they will even give you their email address.
Taking instruction from your ex's bankruptcy trustee is similar to taking instruction from your ex's lawyer - don't listen to what they tell you. Bankruptcy trustees are a dime-a-dozen and often times they don't know their heads from their back ends.
There were notable changes to the Bankruptcy and Insolvency Act (BIA) in 2009. You might want to make your night-time reading the BIA.
Did you just find out about the bankruptcy? One doesn't just receive a letter at random from a trustee so is it safe to assume that you applied to be considered a preferred creditor?
This is one opinion I found on the internet which you might find interesting. Please note that I do not know the date of the opinion:
http://www.ottawadivorce.com/blog/di...nd-bankruptcy/
and another article:
http://www.startingovertoronto.com/a...er-divorce.phpLast edited by arabian; 02-25-2014, 09:47 AM.
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