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Ask a Trustee your Bankruptcy Questions

Earl Sands

If you cannot find the answers to your questions on our FAQ page or elsewhere on our site you can try searching the site by using the search box below.

You can also click on the map below and ask any of the trustees marked with a  "[BULLET]" your question.

If you would prefer, you can ask me your question.

This service is confidential as your email address will NOT be displayed anywhere on your post.

Your question will be answered the same day on this page.

Important

We can answer general bankruptcy questions. Specific questions probably cannot be answered because bankruptcy is complex and many questions cannot be answered without having full financial information. This is the purpose of the initial consultation with a trustee which takes approximately one hour.

A number of people have asked detailed questions on how to get around the fact that they lied on a credit applications or some other form of misrepresentation in order to get credit. We cannot answer these questions as it would not be proper. Trustees are officers of the court and cannot give advice on getting around the law.

Please don't ask us questions if you already have a trustee. Your trustee knows all your financial information and can give you better answers than I can.

Please keep your questions down to one or two, at the most. If you have more questions than that you probably need an initial consultation with a trustee which takes approximately one hour.


 

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The following are some of the questions we have answered:

 

Q -
Just a little more info in regards to bankruptcy/creditor obligations. I have my home fully encumbered with 2 mortgages...will it be sold, or is there a chance we are able to stay. Secondly, I have significant Rev Can debt as well...it is included and released or does it carry over? Please let me know.

A -
Revenue Canada debt is erased in a bankruptcy. You may be able to keep your house. Each Province and Territory sets the exemptions or assets you can keep in a bankruptcy; http://www.bankruptcycanada.com/bankruptcyexemptions.htm.

Please set up a free consultation with a trustee in your area to learn more about how bankruptcy would affect you. Also please refer to: http://www.bankruptcycanada.com/stepstobankruptcy.htm


Q -
i am in serious debt and have not been able to make consistent monthly bill payments.  I owe aprox. $1400 to mastercard, $8700 to canadian student loans (now being collected my the collection agency), and another $200 to canadian tire.  my student loan balance is what is causing most of my stress and anxiety.  the interest rate is ridiculous because it's now being handled my collectors and therefore what i am able to pay a month is not even covering the interest.  i have tried for a consolidation of debt loan through CIBC and i was denied even with a co-signer. i am considering filing for bankruptcy but am not sure if this is the way to go as i was reading that student loans do not get erased unless you are 10 years out of school. i graduated in 2002 and therefore have only been out of school for 3 years.  the only reason i would consider filing for bankruptcy is to clear my bad credit due to student loans before it hurts me even more.  since i'm barely paying for the student loan balance, my credit keeps getting dinged until i'm able to pay the full balance, which of course won't be for years.  i found your website while searching the web and hoping that you may offer some light in all this darkness that i'm experiencing. any advice would help. thanks for your time and i look forward to hearing from you soon.

A -
I am sorry but bankruptcy will not work for you because you will not be able to discharge your student loan debt until you have been out of school 10 or more years.

 

Q -
Hi, i was reading through the web page and would like to know what my options are. I have a small buisness and things  are not going so well. My buisness is aside from my every day job. I work 3 days a week as a mechanic and run a small backhoe buisness on the side. If my buisness went bankrupt would it affect my home. Would i loose my home over this, is there a way i can get around that. I owe aprox. 50.000$ and the work is just not there to repay the det to the bank and i am falling behind. Can you give me some advise so i dont loose my home.

A -
I suggest you set up a free confidential consultation with one of the trustees in your area.  He or she will want to know if the business is incorporated and how much the bank debt is amongst other things.  For more information please refer to: http://www.bankruptcycanada.com/stepstobankruptcy.htm

 

Q -
Does a person forfeit all his/her Canadian Pension, Old age Pension and Company Pension during bankruptcy?

Would these pensions be confiscated by creditors?

Thanks.

A -

A person does NOT forfeit his or her pensions during bankruptcy.

 

Q -
A person owes me money. Is there a web site I can go to to find out if he has filed for bankruptcy?   Thank you

A -

You can find out that information by clicking on the link at the bottom of this page: http://www.bankruptcycanada.com/references1.htm

 

Q -
I am now living in the USA and am having a difficult time keeping up with my canadian bills can you refer me to someone that can provide me information on going bankrupt in canada.

A -
Please refer to this page http://www.bankruptcycanada.com/abroad.htm for some information.  You can find a trustee here: http://www.bankruptcycanada.com/#trusteelocate.


Q -
I am seeking some information on behalf of my husband. He and his ex-wife filed for bankruptcy. Included in the bankruptcy was a credit card bill from Canadian Tire for $2,000. My husband understood that this bill was taken care of at the time. Yesterday, my husband's ex-wife received a letter at her place of residence from Canadian Tire addressed to my husband. It states that he owes $2,000 plus $8000 interest. They are willing to wave the interest if he pays the original amount owing. If this bill was part of the bankruptcy, can they come back on him after all this time? Your assistance in this matter would be greatly appreciated.

A -

Canadian Tire's records are not up to date. Your husband should write to Canadian Tire, enclosing a copy of his discharge certificate as evidence that this debt has been erased by his bankruptcy.


Q -
I hope you can take a few minutes to answer this question.

Do the bankruptcy rules make any allowance for friends and relatives who have put themselves at risk to support an individual, mid-thirties, who files for bankruptcy?

It hardly seems fair that this--I have to say it--reprehensable, irresponsible individual gets such lenient treatment at the expense and hardship of others who were in good faith trying to help. Do the three of us have any recourse?

Also, where is the justice in this? I understand some of his possessions could be seized but he really has nothing, save his car and computer and a big screen tv he bought in the last couple of months. The last he claimed was a gift to his mother with whom he now resides but of course it is in his room.

Thanks for your time.

A -
Friends, relatives, neighbours, credit card companies etc. are all the same in the eyes of the law.

 

Q -
First I am truly ashamed to have gone into bankruptcy and I don't know when I will recover emotionally from this experience.

I am writing to ask if it is legal to be refused a car loan.  I went bankrupt in the year 2001 and was discharged nine months later as is the law.  I am in desperate need of a new automobile and feel that I will most certainly be able to make the payments. How do I go about getting a car dealer to take a chance on me again. 
 
I was refused a bank account also by the Toronto Dominion branch in my neighbourhood.  I know that it is a disgrace to declare bankruptcy and believe me it was something I did not take lightly.  Will I be punished forever or is there light at the end of the tunnel.  I very much would appreciate some information as to how I go about rebuilding my credit and life.  Which is difficult since I cannot even have a bank account.  How is it that big corporations such as Air Canada can go bankrupt and seem to continue business as usual.   I walk to work and I cash my cheque at those insta-cash places.
 
thank you and look forward to hearing from you,

A -
Don't be ashamed of going into bankruptcy.  It is the law in Canada that a person deserves a fresh financial start.

It is against the law for a bank to refuse to let you open a bank account because you were in bankruptcy.  I suggest you talk to the manager and if he will still not let you open an account, show him the information from this page:  http://www.bankruptcycanada.com/bankacct_access1.htm

 If he still will not let you open an account note his name, the date and time and the address of the branch.  Then file a complaint per this information:  http://www.bankruptcycanada.com/bankacct_access1.htm#complaint.


If you want a secured credit card you should be able to get one here:  http://www.bankruptcycanada.com/creditcard.htm

No one has to give you a loan to buy a car, BUT if you can afford the payments you should be able to get a loan.  You will have to persevere.

 

Q -
I am looking for some clarification as to when a student loan can be included in a bankruptcy. I have read that a person must have ceased to be a student for at least 10 years. What about a situation where a student had a loan to attend school more than 10 years ago and has
recently returned to school to continue their studies, but is paying without the assistance of a loan? Is the original loan, which was more than 10 years ago, eliminated with a declaration of bankruptcy?

Thank you,

A -
Your student loan will be erased in a bankruptcy. Please take all documents and evidence of leaving school to your trustee when you set up the initial consultation. He or she will double check everything and give you confirmation of the elimination of that debt.

The trustees listed on this website will give you a free initial consultation. Please refer to: http://www.bankruptcycanada.com/stepstobankruptcy.htm

 

Q -
At the begininng of my sister's marriage breakup my ex-brother-inlaw was forced into personal bankruptcy. As they were still together at the time I am sure there are no provisions in his bankruptcy to provide payment to my sister for the mortgage and espescially child support. I have been informed that he now  has a steady income and is paying toward his bankruptcy. Although I do no know the time frame involved, what are my sister's options to inform his trustee of the changed situation as I am sure he has not included this debt in his claim. Thank you for your help.

A -
Alimony and maintenance payments are debts that are NOT ERASED in a bankruptcy.  Your sister should contact the trustee and file a Proof of Claim in the bankruptcy.  Her debt will have priority over most other debt if there is money available for payment to creditors. 

If he will not pay the maintenance payments one of your sister's option is to contact FMEP.  Please see: http://www.canadianlawsite.com/divorce.htm#ab.


Q -
I am concerned that my family may need to file for bankruptcy and would like to know some more details on what is allowed to be kept in NB.  Are we allowed to keep our home?  Our vehicle?  I have read the exemptions for NB but have struggled to make sense of them.  Any information would be gratefully appreciated.

A -
You can get an idea of what you can keep by filling in the form that is here:  http://www.bankruptcycanada.com/bankpred2.htm

I would encourage you to see a trustee for a confidential no charge interview.  That way you will know exactly how a bankruptcy would affect you.  The trustees listed here will give you a free consultation:  http://www.bankruptcycanada.com/trustees1.htm.

 

Q -
hi there I am curious about a quick couple of questions:

1.  If a person claims bankruptcy, do they get to keep their house?

2.  And if a person claims bankruptcy, do they get to keep their car if there is nothing owing on it?

A -
People can keep only those items that their province of residence allows.  Please refer to:  http://www.bankruptcycanada.com/bankruptcyexemptions.htm

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