If I file bankruptcy, for example in September, and I want to move to the US, is that allowed before my bankruptcy is discharged?

2010-09-07   minute read

Bradley Milne


I have seen this done before so it is possible, however, there are some issues to think about. Firstly, while you are in bankruptcy you must complete two debt counselling sessions. It would be advisable to complete these before relocating, keeping in mind that the first session must be done between 10 and 60 days of your bankruptcy being filed. The second session must be completed by no later than 210 days, however, you cannot complete the second counselling session within 30 days of the first one. The counselling sessions must be completed in person by a qualified counselor, registered with the Office of the Superintendent in Bankruptcy. Only in limited circumstances can the counselling be completed by telephone. If you were relocating in Canada, another Trustee office could conduct the counselling however this is not applicable in your case. There are other duties and possible issues that may arise, the best approach would be to discuss this issue with the Trustee before you consider filing for bankruptcy (i.e. during the assessment). You may also want to contact the appropriate immigration authorities to determine how a bankruptcy might affect your ability to apply for residency in the United States (assuming this is part of your plan).

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