What is bankruptcy?
Bankruptcy is a process designed to allow a debtor to recover from an otherwise unmanageable debt load. There are a number of steps involved in a bankruptcy. Winnipeg residents, and all Canadians filing for bankruptcy, can be assured that it is not a difficult process, but there are some requirements that must be fulfilled.
What are the requirements for filing for bankruptcy?
In order to file for bankruptcy, you must be a Canadian resident or have assets in Canada. You must owe at least $1,000 and be insolvent. That is, you must be unable to pay your debts as they come due, or the value of your property must be less than your debts.
What happens when you file for bankruptcy?
When you file an Assignment in Bankruptcy, first and foremost, you obtain immediate creditor protection. None of your creditors can start or continue any action against you. A Stay of Proceedings is put in place as soon as an assignment in bankruptcy is filed.
At the date of bankruptcy any assets that you own (e.g. vehicle, house, investments) become property of the Trustee subject to certain exceptions. Assets that are exempt from seizure (i.e. can’t be taken by the Trustee) include RRSPs, a vehicle, if required for work up to the value of $3,000, and other assets listed in the Manitoba Executions Act. Your primary residence is also exempt, up to the value of $3,000 if owned in joint tenancy. See the Manitoba Judgments Act for a complete list of real property exemptions.
How is my income affected when I file for bankruptcy?
When Winnipeg residents (and all other Canadians) file for bankruptcy, the Licensed Insolvency Trustee must review the personal earnings of the debtor. There is an Income Standard set by the office of the Superintendent of Bankruptcy for various family sizes. Income is compared to the Standard and 50% of family income in excess of the standard must be paid to the bankrupt estate. The Standard is the government of Canada low income cutoff. Click on this link to see the Standards for Surplus Income based on family size and examples of the calculation. There are also certain expenses that are deductible from income (non-discretionary expenses), such as child support and prescription drug expenses.
Will my tax refund be affected if I file for bankruptcy?
If you file for bankruptcy, your income tax refund will be affected. The date of the bankruptcy creates a new income tax year end for Winnipeg residents, and all other Canadians. Any tax refunds that you would become entitled to in the year of bankruptcy will flow to your bankrupt estate. There are two tax periods in the year of bankruptcy. The period from January 1st to the date of bankruptcy, known as the Pre-Bankruptcy period, and from the date of bankruptcy to the end of the year, known as the Post-Bankruptcy Period.
Are there any additional obligations throughout the bankruptcy period?
Learn more about our bankruptcy and insolvency Winnipeg team
We offer a no cost, no obligation, personal consultation so we can get to know you.
When we first contacted Bruce Caplan, we didn’t know what to expect. We had never had debt problems before and we had experienced very high levels of stress, anxiety and depression. Bruce talked us through various options and he recommended a consumer proposal. It was shortly after our meeting with Bruce that he contacted us and let us know we had a resolution. We highly recommend Bruce Caplan for debt solutions. He made it easy for us.
Bruce and Vera-Lynne