Determining What Province To File For Bankruptcy

2009-10-26

Author: Bradley Milne

Hello,

All bankruptcies in Canada are administered through federal legislation called the Bankruptcy & Insolvency Act. If you file for bankruptcy in Manitoba, you do not have to file again in another province if you move. The bankruptcy is recognized across all provinces.

Person at a coffee shop holding their cellphone and a credit card
Where should you file for bankruptcy? The Bankruptcy & Insolvency Act tells us that you should file for bankruptcy in the "locality of the debtor." This means you should file in the province in which you have resided or carried on business for the past year. If this criterion does not apply, you should file in the province where the greater portion of your property is located.

If you file for bankruptcy in Manitoba, you may still move to British Columbia during the course of the bankruptcy proceeding. You are required to keep the Trustee advised of any change om your address or other contact information. The debt counselling required during the course of the bankruptcy can be completed by another Trustee office, if necessary, however, the administration of your bankruptcy will continue to be handled by the office in which you filed.

 

Bradley Milne

Bradley Milne

CIRP, LIT

Senior Vice President

Servicing: Brandon, Killarney, Portage la Prairie, Neepawa, Virden, Souris, Deloraine

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