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Will you be better or worse off under the New Bankruptcy Laws?

Some people intending to file bankruptcy will be better off under the new laws and others will fare worse. The following chart compares the changes:

Item
Current Laws
New Laws

When discharged

- 9 month automatic discharge for 1st. time bankrupts who fullfill all their duties.

 

 

 

 

 

 

2nd time bankrupts. This is largely at the discretion of the trustee and in most case is tied to the elapsed time from the previous bankruptcy and the causes of the two bankruptcies. A typical "penalty" for a 2nd time bankrupt, who was previously bankrupt 7 or more years ago, is to remain in bankruptcy a further 3-6 months over and above the 9 month period.

This Law goes into force on September 18, 2009.

- 9 month automatic discharge for 1st. time bankrupts who fullfill all their duties and who do not have excess income.  e.g. less than $2,862.00 a month take home pay for a family of 3 for 2009.

- 21 months (or more at the court's discretion) for 1st. time bankrupts who fullfill all their duties. and who have excess income. e.g. more than $2,862.00 a month take home pay for a family of 3 for 2009.

24 months for 2nd time bankrupts who do not have excess income.. e.g. less than $2,862.00 a month take home pay for a family of 3 for 2009.

36 months for 2nd time bankrupts who have excess income. e.g. more than $2,862.00 a month take home pay for a family of 3 for 2009.


RRSP and RRIFs exempt from seizure.

RRSPs and RRIFs are exempt from seizure only for those provinces that have enacted exemption laws; Saskatchewan, Manitoba, Quebec, Prince Edward Island and Newfoundland and Labrador.

This law went into force on July 7, 2008. More...

RRSPs and RRIFs are exempt from seizure for all provinces and territories.

  • A one year claw back will be in effect for RRSPs in provinces without RRSP exemption