What Are My Duties In Bankruptcy?

There are several duties that an individual must complete as part of a personal bankruptcy to be eligible to be discharged from bankruptcy. These duties include, but are not limited to; completing two counselling sessions, report your monthly income to the Trustee, assist the Trustee with file your income tax return for the year of bankruptcy.

What Is A Stay of Proceedings?

exc-596cb5d079a5a2ec0bce5529

A stay of proceedings basically means that creditors must cease all collection or legal proceedings against the debtor, including wage garnishments.   The purpose of the stay is to protect the assets of the bankrupt so the Trustee or Proposal Administrator can deal with them in an orderly fashion.

Can A Person Have Savings During Bankruptcy?

exc-596cb5d079a5a2ec0bce5512

Yes, you can accumulate savings during a personal bankruptcy or consumer proposal. During a personal bankruptcy provided you are paying your required surplus income payment, if applicable. You can save as much as your budget allows.

The Difference Between Secured and Unsecured Debt

exc-596cb5d079a5a2ec0bce54eb

Secured debts include mortgages, vehicle or investment loans.  The borrower gives the lender a lien or mortgage against assets such as property, vehicles or investments in exchange for the loan.  Unsecured debts typically include personal loans, lines of credit, credit cards, overdraft on bank accounts, and personal income taxes.

November 2015 – Personal Bankruptcy & Consumer Proposal Statistics

exc-596cb5d079a5a2ec0bce54eb

Canada – Personal bankruptcies were down 1.9% and consumer proposal filings were up 9.7% as compared to the 12-months ended November 30, 2014.

New Brunswick– Personal bankruptcies were down 3.7% and consumer proposal filings were up 19.7% as compared to the 12-months ended November 30, 2014.

My Spouse filed bankruptcy, do I need too?

exc-596cb5e479a5a2ec0bce5d10

No, if one spouse files personal bankruptcy or a consumer proposal, it may not be necessary for the other spouse to file. This depends on several facts which a Licensed Insolvency Trustee will assist the couple to review. The couple can then make an informed decision as to which option best meets their needs and allows them to achieve their financial goals.

October 2015 – Personal Bankruptcy & Consumer Proposal Statistics

Canada – Personal bankruptcies were down 2.7% and consumer proposal filings were up 8.8% as compared to the 12-months ended October 31, 2014.

New Brunswick – Personal bankruptcies were down 2.4% and consumer proposal filings were up 18% as compared to the 12-months ended October 31, 2014.

Understanding Consumer Proposals

A consumer proposal is a settlement arrangement with your unsecured creditors to pay a portion of your debt in monthly payment over a period of up to 5 years.  These payments are the full and final settlement of your debts with these creditors.

Bankruptcy And Sponsoring a Relative’s Application For Immigration

According to Immigration Canada, you can sponsor a relative’s immigration application as long as you are a citizen or permanent resident of Canada and are 18 years of age or older.  There are however some restrictions, one of which states that you can not be an undischarged bankrupt.