Money Seized By Creditor Can I Get It Back By Filing Bankruptcy

2009-07-30

Sorry, filing a bankruptcy now won't get the money back for you.  I'm assuming that you have your bank account at the same bank who issued your Visa.  If that's correct, you should move your bank account right away to a bank or financial institution that you don't owe any money to.  If you have your bank account at the same bank you owe money to, they can at any time take all of the money out of your account and apply it against your debt.  This is called a "right of set-off."  If you have problems opening a bank account (this can happen if you have damage on your credit report), check out theCanadian Bankers Associationweb site.  You do have some rights. As well, you should talk to a trustee to see whether a bankruptcy makes sense for you.  Even if you don't do a bankruptcy, we can usually give you some advice about setting things up so that this kind of problem doesn't occur.  Give me a call or email me if you'd like to talk. Judy Scott MNP - British Columbia 604-949-2113 [email protected]

Latest Blog Posts

2025-10-21

How we helped a client decide between a consumer proposal and bankruptcy

Leah Drewcock

A client thought bankruptcy was their only way out. See how a consumer proposal helped them keep their home and repay debt with confidence.

Read More

2025-10-20

Seniors and Debt

Pamela Meger

Alternatives to Bankruptcy Bankruptcy Consumer Proposal Lifestyle Debt MNP Consumer Debt Index

Just when seniors should be relaxing and enjoying the fruits of their labour, many find themselves struggling financially — an unsettling contrast to the ease they’d hoped to live their golden years.

Read More

2025-10-17

How buyer’s remorse laws can help you stay out of debt

Alana Orrell

This is called buyer’s remorse. In some cases, Canadian law provides protections that can help you reverse these costly decisions and avoid sinking further into debt. 

Read More

Consultation icon