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Proof of Claim - Form 31 - Related to Bankruptcy - Help!!!!

incanadainn

Full Member
Jun 16, 2013
46
2
Dear all,


If anyone can advice/help me on filling Proof of Claim – Form 31 for a money I am owed from an organization – I will be very grateful to them.


Last year, I was foolish to apply for a membership with Cachet Partners by doing an online transfer of an amount of $ 5000 CAD in the hope of getting cheaper vacation plans, assistance from a financial specialist for Mortgage, balance transfers, etc.


After we learnt that this offer may not fit our family, we decided to back off from the membership within the 10-day cooling period as mentioned in the agreement.


However, as always with a scam, we haven’t got our money back yet.


After a series of back and forth calls/emails with third party call center agents of Cachet Partners – it came to our attention that their Director had filed a personal bankruptcy around 8 months back. I called up the Trustee, who is working on this case on behalf of the bankrupt Director, and they sent me a Creditors package which includes scanned copies of forms:


· 68 (Notice of Bankruptcy of the debtor)

· 79/65 (Statement of affairs/Income and expense of Bankrupt)

· 31 (Proof of claim) - Blank form for Creditor to fill – that’s for me

· 36 (Proxy) – Blank form for proxy – any legal advisor on behalf of me which I cannot afford


Firstly, I need help in filling Form 31 - https://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/br01894.html

Particularly point 4. Which checkboxes is applicable to me in this case?


Also, I understand that at the time of posting the mail to the Trustee, I should be sending all the above forms (proxy, only if applicable) and supporting documents. Is there anything else I should be sending to them?


Most importantly, I only have 12 days left before expiry, meaning, the bankrupt will be given automatic discharge if I fail to submit my claim to the Trustee by then.


Please help. Thanks in advance
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Dear all,


If anyone can advice/help me on filling Proof of Claim – Form 31 for a money I am owed from an organization – I will be very grateful to them.


Last year, I was foolish to apply for a membership with Cachet Partners by doing an online transfer of an amount of $ 5000 CAD in the hope of getting cheaper vacation plans, assistance from a financial specialist for Mortgage, balance transfers, etc.


After we learnt that this offer may not fit our family, we decided to back off from the membership within the 10-day cooling period as mentioned in the agreement.


However, as always with a scam, we haven’t got our money back yet.


After a series of back and forth calls/emails with third party call center agents of Cachet Partners – it came to our attention that their Director had filed a personal bankruptcy around 8 months back. I called up the Trustee, who is working on this case on behalf of the bankrupt Director, and they sent me a Creditors package which includes scanned copies of forms:


· 68 (Notice of Bankruptcy of the debtor)

· 79/65 (Statement of affairs/Income and expense of Bankrupt)

· 31 (Proof of claim) - Blank form for Creditor to fill – that’s for me

· 36 (Proxy) – Blank form for proxy – any legal advisor on behalf of me which I cannot afford


Firstly, I need help in filling Form 31 - https://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/br01894.html

Particularly point 4. Which checkboxes is applicable to me in this case?


Also, I understand that at the time of posting the mail to the Trustee, I should be sending all the above forms (proxy, only if applicable) and supporting documents. Is there anything else I should be sending to them?


Most importantly, I only have 12 days left before expiry, meaning, the bankrupt will be given automatic discharge if I fail to submit my claim to the Trustee by then.


Please help. Thanks in advance
This isn't an immigration or settlement issue. You need to contact someone well versed in bankruptcy/creditor issues or seek legal assistance.