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Vancouver, BC V6C 1G8
604-821-9882
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Richmond, BC V6X 3K1
Filing for Bankruptcy in Greater Vancouver
Filing for bankruptcy is a solution that is available if you lack the resources to pay your debt obligations or to file a proposal. The prime principle behind filing for bankruptcy in Greater Vancouver or any part of Canada is to help a person burdened with debt make a fresh start financially. In personal bankruptcy, the bankrupt surrenders his non-exempt assets to a Licensed Insolvency Trustee in exchange for getting relieved from his debts that are discharged in a bankruptcy. This process will provide you with immediate protection from your creditors, in that collection calls, most garnishments, and legal actions will stop. Licensed Insolvency Trustees at Campbell Saunders Ltd. are there to help you with the process. Please get in touch with us today!
Who Qualifies to File Bankruptcy?
Not everyone who has debt qualifies to file for bankruptcy. There are several basic eligibility requirements before you can file for bankruptcy. To qualify for a personal bankruptcy filing, you must be an insolvent person as defined below:
Insolvent person means a person who is not bankrupt and who resides, carries on business or has property in Canada, whose liabilities to creditors provable as claims under this Act amount to one thousand dollars, and
(a) Who is for any reason unable to meet his obligations as they generally become due,
(b) Who has ceased paying his current obligations in the ordinary course of business as they generally become due, or
(c) The aggregate of whose property is not, at a fair valuation, sufficient, or, if disposed of at a fairly conducted sale under legal process, would not be sufficient to enable payment of all his obligations, due and accruing due.
Please keep in mind that if you are insolvent, owe more than $1,000, and qualify for bankruptcy, it does not mean you must file for bankruptcy. You should always explore all debt solutions with a Licensed Insolvency Trustee (“LIT”), including alternatives to personal bankruptcy. One of these alternatives could be a consumer proposal, which one of our trustees can assist you with. Other options include debt consolidation and credit counselling; we can provide a referral to a trusted organization that can help you with these types of solutions. Your LIT will ensure you are well-informed, which means you can weigh the pros and cons of each option and make a smart decision on what is right for your financial situation.
Advantages of Filing for Bankruptcy
Filing for personal bankruptcy can help repair and rebuild finances for those with personal debt. It can offer a number of advantages, including:
You can receive relief from a range of debts, including credit card debt, tax debt, student loans, and more.
A stay of proceedings will stop creditors from initiating any legal action once you file for personal bankruptcy. All the legal actions that the creditors can take are also put on hold.
You will not receive calls from collectors, and the wage garnishments will stop. However, filing for bankruptcy will not stop child and spousal support garnishments.
Filing for bankruptcy will help you come out of the debt by paying a significantly less amount than repaying your debt in full.
As your Licensed Insolvency Trustees, we can help you protect some of your assets from seizure. This can include your primary home of residence as well.
You will finally get a fresh start financially and can work towards setting and meeting your financial goals.
If you'd like to learn more about filing for bankruptcy in Greater Vancouver, and other financial options available to you, we invite you to visit our blog.
What is the Procedure for Declaring Personal Bankruptcy?
If someone wants to declare himself/herself bankrupt, then there are specific steps that one needs to follow:
Step 1: Meet with a Licensed Insolvency Trustee for an initial consultation.
Step 2: You will need to provide copies of all relevant financial information so the LIT has the complete picture of your financial situation and can explore available options.
Step 3: Once you decide to proceed with declaring bankruptcy, the necessary paperwork is completed, and the Licensed Insolvency Trustee files the paperwork with the Office of the Superintendent of Bankruptcy.
How Long Will the Process Take?
Depending on the nature and extent of your debts and the amount of your surplus income:
For a first-time bankrupt: 9 months (without surplus income); 21 months (with surplus income)
For a second-time bankrupt: 24 (without surplus income); 36 months (with surplus income)
To better understand how filing for personal bankruptcy works, go through the FAQ we've compiled to answer questions like:
What legal aspects of bankruptcy or proposals do I need to understand?
How do I know if I qualify for a consumer proposal?
What happens if I can't make my payments?
Can I keep my home? What about my car?
Will my spouse be obligated to pay my debts if I go bankrupt?
And many more!
Let us help you understand the procedure for filing for bankruptcy in Greater Vancouver.
Other Factors to Consider When Filing for Personal Bankruptcy
The lack of general information about filing for bankruptcy can make it a difficult, stressful and uncomfortable experience. Here at Campbell Saunders Ltd., we make the process easier for you to understand and go through, making a personal bankruptcy a viable option to improve your finances. There are Filing for bankruptcy is a relatively straightforward process, which involves:
Forms: We will work with you to take care of all the necessary documentation. As your LIT, our office will file the required forms with the Office of the Superintendent of Bankruptcy (OSB). The acceptance of your papers by the OSB will initiate your bankruptcy.
Assets: As the bankruptcy progresses, your non-exempt assets will be designated to the Trustee for realization for the benefit of your creditors.
Surplus income payments: Based on your income level, you might be required to make some funds available to us so that we can forward them to your creditors. Your LIT will help you determine the limit for your family and calculate the amount if you are required to make surplus income payments during the bankruptcy process. The surplus income depends entirely on whether your household income is higher than the OSB standard and your family's size.
Which Are the Laws Governing Bankruptcy in Canada?
Only a few individuals are familiar with the specifics of Canadian bankruptcy laws; therefore, many people struggling with debt have concerns about filing for personal bankruptcy. When it comes to bankruptcy/restructuring in Canada, two primary laws govern personal bankruptcy in Vancouver and the rest of Canada, namely the Bankruptcy and Insolvency Act (the "BIA") and the Companies' Creditors Arrangement Act (the "CCAA").
Bankruptcy and Insolvency Act (BIA) is the principal federal legislation in Canada applicable to insolvencies.
If ever you’re looking for legal guidance on the subject of filing for bankruptcy in Greater Vancouver, feel free to get in touch with Campbell Saunders Ltd., and we will make sure that all your bankruptcy queries are answered.
Why Work with a Licensed Insolvency Trustee?
During the past 30 years, our expert team of Licensed Insolvency Trustees at Campbell Saunders Ltd. provided numerous clients with personalized financial help in Vancouver. There are many reasons to choose our services, including:
We have the required experience, training, licenses and know-how.
We help you explore tailored financial solutions and deal with creditors on your behalf.
We help protect your assets and have your present and future financial well-being in mind.
Licensed Insolvency Trustees are regulated by the government.
Job loss, health issues, and other personal problems can cause financial issues. Cards being maxed out always, missing one or more loan or mortgage payments, and creditors calling you consistently and threatening to take legal action against you are all warning signs indicating financial trouble. Reach out to us immediately for professional assistance. We have listed down some useful resources that can come in handy. Have a look !