Finance Q&A

US-Canada bankruptcy Law.

Edwards Finance > Loans

Q. I am a Canadian citizen. I was a temporary (TN1) worker in the U.S. (New Jersey) for the past couple of years. I left the U.S. in May 2002 to return to Canada, but my apartment lease expires in January 2003. There's a growing debt there (over $12k USD) that I don't have the funds to pay. I'm interested in what's the worst case scenario here, if the landlord and I can't come to a compromise. - Can they (the landlord's corporation) enforce a judgement against me in Canada? - Can I file bankruptcy in New Jersey, even though I've left the country? Will that affect my Canadian credit? A further complication is that I'm skeptical the landlord is mitigating damages -- it's been 6 months and I can't fathom that the real estate market is so bad that an apartment along the Hudson river takes over 6 months to re-rent. But I'm not sure if it's worth the risk to let it go to judgemnet to find out if a judge agrees with me.

A. the landlord can enforce a US judgment in Canada. There are a number of steps that have to be taken, and it will take a bit of time, but it can be enforced. You can file bankruptcy in NJ (or in Maryland, for that matter) and discharge the US debt.

 


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