No. Unless you are a well-known individual (i.e.,
politician, famous actor or performer, head of a major corporation) or
have significant assets, it is likely that only your present and
potential future creditors will know that you've filed for bankruptcy.
That being said, an Assignment in Bankruptcy is a public document that
is filed with Industry Canada, and the proceeding will be noted on your
credit report for six years after discharge.
Not necessarily so. Most individuals are able to
rebuild quickly after a bankruptcy; however, individuals coming out of
bankruptcy are often faced with having to post security for credit
and/or having to pay higher interest rates. Our experience is that
individuals discharged from bankruptcy eventually are able to obtain
mortgages, car loans/leases, and credit cards and return to normal
life.
No. We hear this frequently, though, and we think
we know why. A first-time bankrupt qualifies for an automatic discharge
nine months after filing. The bankruptcy then remains as a notation on
the credit report for six years after discharge. Nine months + six
years = roughly seven years. The fact is, your discharge from
bankruptcy - or the point when your debts disappear - can happen in
less than one year.
No. Federal and provincial law allows you to keep
your necessary clothing, household furnishings and
appliances, one motor vehicle, equity in your principal
residence and tools to enable you to earn your living not exeeding
prescribed values). If you do have assets that are not protected under
law, you may make arrangements to buy them back from the Trustee.
If you own a house that is mortgaged or a car that is leased or held as
security under a conditional sales contract, you will often be able to
continue on with the existing payment arrangements, as long as your
payments are up-to-date and the lender is agreeable.
No.
You continue to collect your pay cheques. You will report your monthly
income to the Trustee every month and, possibly, make a contribution to
the Estate (called "Surplus Income") if your net income exceeds a set
guideline.
No.
Your debts do not attach to anyone else when you go bankrupt. Also,
your creditors cannot seize assets that belong to your spouse. If,
however, your spouse or another individual has co-signed or guaranteed
your debt, the
creditor(s) may pursue the co-signer or guarantor for payment in full.
We encourage couples to come in together so that we may look at the
"whole picture" and help you find a realistic solution for the entire
family.
Canada Revenue Agency ("CRA") as an unsecured
creditor, is no different from your bank or credit card company.
Personal income taxes owing can be included in bankruptcy, right up to
the day you file. And, if CRA is garnishing your income, the bankruptcy
filing will stop this immediately.
Student loan debts are included in a bankruptcy in
that collections by student loans are stopped during the period of the
bankruptcy and until the trustee has closed its file. If you have been
a full- or part-time student in the seven years prior to your
bankruptcy, however, your student loans will not be discharged like
your other debts. Upon discharge, you will have to pay student loans in
the ordinary course.
If you ceased to be a full- or part-time student at least seven years
prior to bankruptcy, your student loans will be discharged.
Definitely not
. Bankruptcy is not a reflection of who you are as a person. The vast
majority of individuals filing for bankruptcy are honest, hard-working
people who are acting in good faith. You may have hit a bump in the
road like relationship breakdown, divorce, illness, family emergency,
unexpected loss of employment and addictions. Or, maybe you’re
struggling with debts that have been growing over a period of many
years and you have simply reached a point where you are “in over your
head” because your minimum monthly payments aren’t even covering
interest charges.
"Whatever the reason, you're not alone. Bankruptcy can provide you with
a fresh start in life. Let Campbell Saunders help you take your first
step toward financial stability."