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.
So, you’re considering Bankruptcy. And you’re probably asking yourself, among other things, who would be informed about this? Who else will know?
This is a completely normal and valid concern. Fortunately, in most cases, that information will remain confidential. However, there are certain people and organizations who will be notified.
Let’s take a look at who you may be curious about:
There are certain individuals and agencies that will be notified as soon as you declare Bankruptcy. Those include:
The Office of the Superintendent of Bankruptcy (OSB): This federal agency oversees all Bankruptcies in Canada. Once you file Bankruptcy, the OSB adds your file to its public records. The OSB will send their list of Bankruptcies to credit bureaus, like Equifax or TransUnion, to be noted on the credit histories of consumers.
Your creditors: Any organizations or individuals you owe money to will be made aware of your filing.
Your Licensed Insolvency Trustee (LIT): This individual will be your guide throughout your debt management and Bankruptcy process. They will act as the go-between for you and your creditors.
Yes, your Bankruptcy will be recorded in the OSB’s public Bankruptcy and Insolvency records. Will people see it? It’s unlikely — it's mostly accessed by financial institutions and industry professionals.
So, despite its name, the public register isn’t so public.
In most cases, no. However, there are a few exceptions to this:
Unless you tell them, they won’t know. That being said, if you are in debt to a loved one and they are listed as a creditor, they will receive notification that you’ve filed Bankruptcy.
Since your Bankruptcy will be listed on your credit report, any financial institutions — like banks or lenders — will see this information when they consult your file. Once you’ve been discharged from your Bankruptcy, it’ll take about six years for it to not show up on your credit report anymore.
In a nutshell, Bankruptcy isn’t as public as you may believe it to be. Apart from the people and organizations involved, no one will know unless you decide to share it with them. Our LITs can offer any additional reassurance and practical guidance you may need to help make big decisions about your journey to debt relief.
Reach out today for a free, confidential consultation to discuss your needs.
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.