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

Author: Bradley Milne

Bankruptcy

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).

Bradley Milne

Bradley Milne

CIRP, LIT

Senior Vice President

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

Latest Blog Posts

2025-04-25

Top five mistakes to avoid when considering filing for bankruptcy

Bankruptcy

Filing for Bankruptcy is a significant decision that can provide a fresh start for Canadians overwhelmed by debt. However, it’s essential to approach this process with caution and awareness to avoid common pitfalls and make informed decisions to protect your financial future. 

Read More

2025-04-11

Who will find out about my Bankruptcy?

Jean-Francois Cliche

Bankruptcy

Considering Bankruptcy and wondering who could find out? Rest assured; your information will stay mostly confidential.

Read More

2024-09-25

What happens if I don’t fulfill my duties during a Bankruptcy?

Nora Edwards

Bankruptcy

If you’re going through a personal Bankruptcy, one of your main goals is to obtain your discharge — that is, to have your debts cleared so you can start fresh.

Read More

Consultation icon