Canadian Bankruptcy
/Filing Bankruptcy In Canada
First Published Date: March 14, 2009
Sometimes, no matter how much one wants to prevent it, personal finances can spiral out of control. You can find yourself struggling to make debt repayments, worrying constantly about the future and what it may bring. If you ever reach the stage where you freeze in terror every time the phone rings or the doorbell goes, it may be time to face the state of your finances.
When it comes to personal debt, the word bankruptcy is particularly terrifying. To many, it signals the end of life as they know it, and as well as the financial implications there is something of a social stigma attached to it. Yet sometimes, if debts are substantial and you aren’t earning enough money to cover your outgoings, it is the only reasonable option to free yourself from the never ending cycle of debt. Bankruptcy is the last resort and should only be entered in to with the knowledge that all else has failed, but it’s part in helping resolve finance issues is irreplaceable.
In 2007, more than 100,000 Canadian nationals filed for bankruptcy, so you are not alone. If you have decided bankruptcy is the only option left available to you, you begin the process by filing for bankruptcy via a trustee for bankruptcy. To find one, check your provincial advice pages or even just check the Yellow Pages.
When you file for bankruptcy, an automatic stay is granted to you. This means that, during the bankruptcy process, your creditors cannot make moves to seize assets and should stop making collections calls.
For a first time bankrupt, the term of the bankruptcy is nine months. This increases if you have to go bankrupt more than once. At the end of the nine months, the bankruptcy is discharged. During those nine months, you are required to make payments to your creditors and to the trustee you petitioned for bankruptcy with. Depending on the size of debt, these payments vary, with a national standard of $200 per month for the nine months. You will also need to pay around $85 for financial counselling as a condition of discharge. At the end of the nine-month period, the bankruptcy is discharged and in all but a few rare cases the debts are erased.
Bankruptcy does not automatically mean you will lose all your asset s, as in most cases there are certain limits that you can own. For example, In Ontario, you can keep up to $5,650 equity in a vehicle, $11,300 worth of household goods, and up to a value of $11,300.00 worth tools you use to earn your living . Your trustee, who will advise the best course of action, which may involve selling items, makes the decision on any amounts over these for each particular area.
When discharged, the bankruptcy will remain on your credit file for up to six years. During this period, it may be difficult – though not impossible – to get credit. However, this should not be too much of a deterrent; as if you are in a situation where bankruptcy is the only option; your credit file is going to be damaged hugely anyway. At least with bankruptcy you gain a clean slate in six years, something that would be hard to do struggling to make repayments on any large debts.
Overall, if you have reached the end of the line and creditors are hassling you non-stop, bankruptcy may be the most efficient and effective method of getting out of trouble. If you are having difficulty paying your debts and/or considering bankruptcy, I suggest you contact a Canadian Bankruptcy Trustee licensed by the federal government to discuss your situation. To find a trustee in your area, search on Google or Yahoo using these keywords: Bankruptcy, Trustees, Your Area.
To streamline and minimize blog maintenance, I will be discontinuing maintaining the Canadapersonalfinancewebsite.com website (however, I will still hold the domain). I will gradually move all articles from this site to A Dawn Journal. This article originally published on the above website on Mar 14, 2009.
