Bankruptcy in Canada
Bankruptcy is the process of clearing debts that you are unable to pay, and for many circumstances it is the best course of action for gaining debt relief. Spergel is a trusted Canadian bankruptcy firm with over thirty years’ experience of helping over 100,000 individuals become debt free, handling bankruptcy with both compassion and expertise.
What is bankruptcy?
In Canada, bankruptcy is the legal process of eliminating unmanageable debts by assigning non-exempt assets to a Licensed Insolvency Trustee. Bankruptcy prevents any legal action from creditors taking place, and helps debtors to move forward with their lives. Debtors are allowed to keep some essential items depending on their province of residence. Although it seems like an intimidating process, an experienced trustee firm will help bring relief to debtors. At Spergel, you will receive your own dedicated trustee to walk you through every step of the bankruptcy process.
How does bankruptcy work?
Bankruptcy is a legal process under the Bankruptcy and Insolvency Act, and must be filed with a Licensed Insolvency Trustee. Provided a debtor is insolvent (their debt outweighs the value of their assets), they can be declared bankrupt. Once this happens, any of their non-exempt assets become assigned to a Licensed Insolvency Trustee to be used to pay off the debts. Exempt assets include household items including a computer and a car, which may be required for a job. Before filing bankruptcy, it is a good idea to discuss your personal financial circumstances with a Licensed Insolvency Trustee to consider alternatives to bankruptcy.
Who can file for bankruptcy?
Under the Bankruptcy and Insolvency Act, you are eligible to file bankruptcy in Canada if you are insolvent, which means:
- You owe at least $1,000 and
- You are unable to pay your debts as they come due or
- You owe more in debts than the value of the assets you own, and
- You either reside, do business, or have property in Canada
If you meet the bankruptcy eligibility criteria, one of Spergel’s Licensed Insolvency Trustees will be able to walk you through the process of filing bankruptcy.
What happens to your assets when you file bankruptcy?
Contrary to popular belief, bankruptcy does not mean you will lose everything! In Canada, secured credits including a mortgage and car loan are unaffected by bankruptcy as long as a debtor can make their monthly payments. You can also keep the majority of your personal belongings, trade related property, and a vehicle valued below the provincial limit when filing bankruptcy. Any RRSPs, except the past year’s contributions, can also be kept. Any non-exempt assets will be assigned to a Licensed Insolvency Trustee in order to contribute to paying off the debts. Discover more about Ontario bankruptcy exemptions to see which assets are included.
Which debts are covered by bankruptcy?
Bankruptcy clears most unsecured debts, including credit cards, bank loans, payday loans, bills, lines of credit, and tax debts. Government student loans can also be included in a bankruptcy provided a debtor has been out of school for seven years. Debts that are not covered by bankruptcy include spousal and child support payments, debts relating to fraud, court fines, and secured debts like secured liens on property. During the process of bankruptcy, you will need to provide a list of creditors and the estimated amount owed, although ultimately creditors will be responsible for making claims and proving debts.
Why do people declare bankruptcy?
Bankruptcy can be declared for a number of reasons – it can be a sudden realisation of incremental debt that would be extremely challenging to pay back without support. Other common reasons for bankruptcy include recurring calls from creditors, or a difficulty in obtaining more credit. It could come about from a life event like a divorce, extortionate medical bills, or a job loss, which makes it difficult to pay back debt. Discover the advantages of filing bankruptcy with a trusted Canadian bankruptcy firm like Spergel.
How do you file bankruptcy?
The process of filing bankruptcy involves a number of steps, beginning by meeting a Licensed Insolvency Trustee. At Spergel, a dedicated trustee will walk you through the entire process. Initially, paperwork will be filed, and it may be necessary to sell some assets if required. It will involve contacting creditors, and attending credit counselling services before debts are legally cleared. Once you are discharged from bankruptcy, you are free from the obligation to repay the debts owed, resulting in solvency once again. Book a free confidential consultation with a member of our compassionate team to discuss the best path forward for you and your finances.
Does filing bankruptcy help?
For many debtors, filing bankruptcy is a huge relief. As soon as you are declared bankrupt, there is no longer an obligation to repay the debts you filed. This means creditors can no longer contact you, and the pressures and stress of overwhelming debts are released. It’s also possible to keep some non-exempt assets including a car that may be required for work. Of course, bankruptcy does also impose some restrictions on borrowing money, and it will have an impact on your credit report. Discover more about life after bankruptcy.
Book a free consultation
For easy to understand debt solutions, contact Spergel to begin rebuilding your financial future. With locations across Canada, our experienced trustees will help you choose the best debt repayment plan and walk you through the process each step of the way.
Frequently Asked Questions
What is surplus income?
In a bankruptcy surplus income is a calculation established by the government based on household income and the number of people within that household. The trustee must use this calculation to determine if you are required to make payments into your bankruptcy and what that amount will be. You will be required to provide proof of income monthly for the trustee to ensure the appropriate amount is paid. Learn more about surplus income in a bankruptcy.
Will filing a bankruptcy affect my spouse or common-law partner?
Often people are apprehensive that filing a bankruptcy will have a negative affect on their spouse or common-law partner. In most cases, there is no affect at all. When you take on debt, that debt is yours and yours only unless you co-sign any debt with a spouse, common-law partner, or anyone else. When you file a bankruptcy, any co-signed debt is the full responsibility of other co-signer. He or she now must pay 100% of the debt.