Who handles my bankruptcy?

handles my bankruptcy

Who handles my bankruptcy?

In Canada, Bankruptcy and Consumer Proposals can only be administered by a Trustee in Bankruptcy, who has been examined and licensed by the bankruptcy division of Industry Canada (the Office of the Superintendent of Bankruptcy).

Licensed Trustees are the most highly trained debt consultants, and the only ones able to impose powerful legal restrictions on your creditors. A trustee can also give useful information and detailed advice about your debt relief options and advise you towards a solution.

It is important to remember that a Trustee has a number of responsibilities that must be fulfilled during your bankruptcy, for example:

  • for most types of debt, stop collection action and garnishees against your wages;
  • provide debt counselling;
  • calculate how much you are required to pay into the bankruptcy based on your personal circumstances;
  • determine if you have any assets which must be valued and paid out to the creditors;
  • look into your prior transactions to check for any improper conduct;
  • refer you to outside resources, if necessary, such as gambling or addiction counselling;
  • manage and administer your bankruptcy generally.

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. Or please fill out the free bankruptcy evaluation form. To learn more please visit our YouTube Channel. Rumanek & Company have been helping individuals and families overcome debt for more than 25 years.  

Does Bankruptcy Stop A Wage Garnishee?

Wage GarnisheeDoes Bankruptcy Stop A Wage Garnishee?

Bankruptcy law is very powerful. Once a person files a bankruptcy a consumer proposal (and the filing is registered with the federal government), a powerful Stay of Proceedings is automatically in place. Creditors are banned from seizing wages, calling your house, or taking legal action to collect the debt, unless they go to Bankruptcy Court for permission to continue (a relatively rare occurrence).  Your Trustee will submit a formal notice of the Stay of Proceedings to your workplace, which should stop the wage garnishee. If the person who manages your payroll is not familiar with the requirement to stop a garnishee in a bankruptcy, you may want to give their contact info to the Trustee for clarification. Finally, depending on the timing of the bankruptcy and your payroll schedule, the most recently seized funds may be returned to you. If the garnishee does not stop, contact your Trustee right away.

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. Or please fill out the free bankruptcy evaluation form. To learn more please visit our YouTube Channel. Rumanek & Company have been helping individuals and families overcome debt for more than 25 years.  

Can I have my bankruptcy cancelled?

Bankruptcy Cancelled

Can I have my bankruptcy cancelled?

The most common way in which a bankruptcy is annulled is by filing a consumer proposal to address the debts in the bankruptcy. Once the proposal is accepted by the creditors and deemed approved by the Court, the bankruptcy is annulled.

Bankruptcy can be annulled in other cases only where the Court believes the bankruptcy should not have been filed. In general, a bankruptcy cannot be cancelled, except by the filing and acceptance of a consumer proposal.

 

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. Or please fill out the free bankruptcy evaluation form. To learn more please visit our YouTube Channel. Rumanek & Company have been helping individuals and families overcome debt for more than 25 years.  

 

How long will I remain bankrupt?

How Long Will I Remain Bankrupt

How Long Will I Remain Bankrupt?

Assuming there are no unusual issues which would require the Trustee to oppose your discharge and require a court hearing, the timing of your discharge depends on a combination of factors. The two most important are whether you have filed a bankruptcy before this one, and your current family income.  The formula set by the Office of the Superintendent of Bankruptcy that determines how much a person has to pay in their bankruptcy is called “Surplus Income”.)  The guidelines below are based on legislative changes made in September, 2009.

First bankruptcy, no Surplus Income: 9 months, assuming no opposition to discharge

First bankruptcy with Surplus Income: 21 months, assuming no opposition to discharge

Second bankruptcy, no Surplus Income: 24 months, assuming no opposition to discharge

Second bankruptcy with Surplus Income: 36 months, assuming no opposition to discharge

In the case of a third bankruptcy, your discharge would automatically be opposed at the 9 month point. Speak to a Trustee about the possible durations of bankruptcy, as the case law relative to the changes in law is still developing.

 

For more information Contact Us or Industry Canada