Liens And Bankruptcy

2009-09-30

Hello, The answer to your question depends on the circumstances.  If a creditor has obtained a judgment through the court for a debt incurred prior to the date of bankruptcy and then registered this judgment on your property, it is not likely enforceable after the date of bankruptcy.  There is a stay of proceedings in effect that prevents creditors from continuing or commencing any further collection efforts.  At the same time, there are a few exceptions.  For example, if Canada Revenue Agency placed a statutory lien on your property prior to bankruptcy, this lien remains enforceable. It should also be noted that bankruptcy does not interfere with the rights of secured creditors.  If you have a car loan, for example, you must continue to make the payments provided the creditor has taken the car as collateral on the loan. There are many variables that come into play here depending on who the creditor is and the nature of the debt.  Generally speaking, however, the stay of proceedings prevents a creditor from contintuing their collection efforts. Brad Milne CIRP Trustee in Bankruptcy Brandon, Manitoba

Latest Blog Posts

2025-04-25

Understanding debt collection in Canada: Protecting your financial health

Olivier Boyd

Debt collection can be a daunting experience for many Canadians. Navigating the process alongside MNP’s team of experts can help you better understand how it will impact your credit score and gain the knowledge needed to maintain your financial health well into the future. 

Read More

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

2025-04-24

How to rebuild your credit after a Consumer Proposal

Tina Powell

Filing a Consumer Proposal can feel overwhelming, but it’s not the end of your financial journey.

Read More

Consultation icon