2024-09-25
What happens if I don’t fulfill my duties during a Bankruptcy?
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.
When you file for bankruptcy, you swear a Statement of all the assets that you own. One of these would be your bank account.
There is no specific exemption for cash in a bank account when you file bankruptcy. However, if this is the money that you need to live on for the next few weeks until your next income, we generally don't realize on this asset. You could go and buy your groceries, pay the rent, pay the utility bill that you haven't received yet...and the money would be gone. If you have more than that amount in your savings account, then you probably will lose some. You have more than you need to live on.
As far as savings after you file for bankruptcy, this is called after-acquired property. This property is yours so long as you comply with all of your duties in the bankruptcy. For example, you wouldn't be able to save up all this money but not pay your surplus income obligations to the bankruptcy. After-acquired property is yours unless the Trustee steps in. And he/she is not going to do that if you are complying with all of your duties. Saving money after bankruptcy is great budgeting on your part. As far as paying the creditors....it depends on which creditors they are. If they are unsecured creditors (IE: they have no security against any of your assets), then no....you can't pay them. This would be preferential treatment. If they are secured (such as a car loan) and once the Trustee reviews the equity in your vehicle and releases any interest, then yes... you would keep paying them.
2024-09-25
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.
2024-06-10
Bankruptcy
The fresh start you obtain after filing a Consumer Proposal or Bankruptcy offers many new paths for managing your day-to-day needs and planning for your future.
2024-05-30
Bankruptcy
Canadians are facing a cost-of-living crisis. With rampant inflation, many have taken on more debt just to make ends meet. With interest rates still high, some households might be considering declaring Bankruptcy for the first, second, or even a third time.
If this sounds like you, don’t worry — many people are in the same situation, and it isn’t anything to be ashamed of. Filing for Bankruptcy or entering a Consumer Proposal might be the solution you need to relieve financial stress and get a fresh start.