What is bankruptcy?
Bankruptcy is a legal process governed by the Bankruptcy and Insolvency Act, designed to help individuals recover from overwhelming debt. If you’re exploring bankruptcy in Winnipeg or across Manitoba, it’s important to understand the steps involved and your available options. Filing is not complicated, but there are some eligibility requirements that must be met.
What are the requirements for filing for bankruptcy?
To file for bankruptcy in Canada, you must owe at least $1,000, be insolvent, and be a Canadian resident or have property in Canada. Insolvency means you are unable to pay your debts as they come due, or your liabilities exceed the value of your assets.
What happens when you file for bankruptcy?
When you file an Assignment in Bankruptcy, you gain immediate creditor protection through a Stay of Proceedings. This prevents creditors from pursuing further action against you.
At the time of filing, your assets may become part of the bankruptcy estate, subject to exemptions. In Manitoba, certain assets are protected, including RRSPs, a vehicle (up to $3,000 if required for work), and a portion of the equity in your primary residence. For a full list of exemptions, refer to the Manitoba Executions Act and the Manitoba Judgments Act.
Filing bankruptcy in Winnipeg is meant to be a path to financial relief—not a punishment.
How is my income affected by bankruptcy?
Bankrupt individuals must report income to their Licensed Insolvency Trustee (LIT). If you earn above a government-defined standard (based on family size), a portion of your surplus income must be paid into the estate. There are also allowable deductions, like child support and medical expenses.
Will my tax refund be affected?
Yes. Filing for bankruptcy creates a new tax year. Any refunds for the year of bankruptcy are directed to your bankruptcy estate. This applies to both the pre- and post-bankruptcy periods.
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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.
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Are there additional obligations during bankruptcy?
Yes. You must attend two financial counselling sessions during your bankruptcy. These may be completed in person or online. Failing to attend disqualifies you from receiving an automatic discharge. Discharge timelines vary:
- First-time bankrupts with no surplus income: 9 months
- With surplus income: 21 months
- Second-time bankrupts: 24 to 36 months
- Third-time bankrupts: Must attend court
Will bankruptcy affect my spouse?
Not directly—if the debts are only in your name, your spouse’s credit won’t be impacted. Bankruptcy is a personal legal process, and your spouse’s financial history remains separate.
However, if your spouse co-signed or guaranteed any of your debts, they’re still responsible for repaying them, even if you’re discharged. While their credit won’t be affected by your bankruptcy alone, joint financial plans like applying for credit together could be impacted temporarily.
Is there a consumer proposal calculator?
Yes! Check out our consumer proposal calculator below and head to our consumer proposal calculator page to understand more about how your potential savings are calculated.
Options To Eliminate Your Debt | Monthly Payment (approximate) Over 5 Years | Total Cost Over 5 Years | Total Savings Over 5 Years |
---|---|---|---|
Consumer Proposal Pay Less than Principal Debt Amount |
| N/A | N/A |
Credit Counselling No Principal Reduction | $8.33 | $500.00 | $0.00 |
Debt Consolidation Added Interest Costs | $11.12 | $667.33 | $-167.33 |
Repay Debt on Your Own Added Interest Costs | $12.70 | $761.80 | $-261.80 |
If your debts are less than $6,000, a consumer proposal is likely not the best option for you. If you cannot repay your debts on your own, contact a trustee to talk about your options.
Options To Eliminate Your Debt
Pay Less than Principal Debt Amount
Monthly Payments
N/A
No Principal Reduction
Monthly Payments
$8.33
Added Interest Costs
Monthly Payments
$11.12
Added Interest Costs
Monthly Payments
$12.70
How long will I be bankrupt?
If you meet all obligations and do not have surplus income, discharge is automatic after 9 months. Otherwise, it may extend to 21 months. Court involvement may occur if a creditor or the LIT objects.
Are there alternatives to bankruptcy?
Yes—and it’s important to review them before filing. One option is a consumer proposal in Winnipeg, which lets you repay part of your debt under new terms without declaring bankruptcy. Another alternative is debt consolidation, where you combine multiple debts into a single loan with lower interest.
How will bankruptcy impact my credit?
Bankruptcy drops your credit rating to R9. For first-time bankrupts, this remains for 6 years after discharge. For multiple bankruptcies, it may remain for 14 years. But rebuilding is possible. Our credit counselling services can guide you toward financial recovery.
Who can object to a discharge?
- Creditors
- Your LIT
- The Superintendent of Bankruptcy
Your trustee in Winnipeg must object if you fail to fulfill your duties (e.g., reporting income, submitting tax info, or attending counselling).
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Consumer proposal FAQs
Yes, you can travel outside of Canada while bankrupt. However, you must continue to meet all your bankruptcy obligations, such as providing monthly income reports and attending counselling sessions. If you are planning a lengthy trip or move, it’s important to inform your Licensed Insolvency Trustee (LIT) so they can ensure your duties are still fulfilled.
Generally, your GST credit may be redirected to your estate during your bankruptcy period, particularly in the year you file. However, the Canada Child Benefit is usually protected and will continue as long as you remain eligible.
Bankruptcy is a legal process that eliminates your unsecured debts, but you may lose some assets and have to make surplus income payments. A consumer proposal is a negotiated agreement to repay part of what you owe, allowing you to keep assets and avoid bankruptcy. While it remains on your credit report for a similar period, a proposal is often preferable if you have a steady income, since monthly payments are fixed and not impacted by increases in earnings.
No, you do not need a lawyer. Bankruptcy in Canada is filed through a Licensed Insolvency Trustee (LIT), who is federally regulated and licensed to administer the process. They will guide you through every step of the filing, court documentation (if required), and your duties.
If you receive an inheritance during your bankruptcy, it becomes part of your estate and must be surrendered to the LIT. This applies even if the inheritance is received late in your bankruptcy term. If you expect to receive an inheritance, it’s important to disclose it during your consultation.
Bankruptcy does not legally restrict you from renting a property, but landlords may perform credit checks. A bankruptcy on your credit report could impact your rental application, so it helps to provide references or proof of stable income to reassure potential landlords.
When you file for bankruptcy, your obligation to repay joint debts ends — but the other co-signer or joint borrower becomes solely responsible. This means they may be pursued by creditors for the full amount. It’s important to communicate with them before filing to avoid confusion or strain.
Failing to meet your duties — such as missing a counselling session or not submitting income reports — can delay or prevent your discharge from bankruptcy. In some cases, your LIT may object to your discharge, which could result in a court hearing or additional obligations.
There is no legal limit to how many times a person can file for bankruptcy, but repeat bankruptcies come with longer timelines and greater consequences. For example, a second bankruptcy typically lasts at least 24 months, and third-time bankrupts are not eligible for automatic discharge.
Your employer is not notified unless your wages are being garnished and need to be redirected. In most cases, bankruptcy is a private process and does not impact your employment unless you work in a position that legally requires financial disclosure or bonding.
You may be required to close your existing account, especially if you owe money to that financial institution. Your LIT will recommend opening a new account at a different bank to help you manage finances more clearly during the bankruptcy period.
Bankruptcy remains on your credit report for 6 to 14 years after discharge, depending on whether it’s your first or subsequent filing. While it may be more difficult to qualify for a mortgage right after discharge, you can rebuild your credit over time. Lenders often look for two years of re-established credit history post-bankruptcy.
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