Personal Bankruptcy

Facing debt can be overwhelming, but you don’t have to go through it alone. Personal bankruptcy is a solution designed to help you regain financial control, stop collection actions, and build a fresh start. 

It also provides you with immediate protection against legal action from unsecured creditors, including the Canada Revenue Agency (CRA).  

Are You Experiencing

  • Wage garnishments
  • Frequent calls or letters from creditors
  • Difficulty keeping up with minimum debt payments 
  • Reliance on credit to meet basic living expenses
  • Debt that exceeds what you could realistically repay

If so, filing for bankruptcy may be the right path for you towards a debt-free tomorrow. Our Licensed Insolvency Trustees will guide you through the bankruptcy process with expertise and compassion, ensuring you feel supported every step of the way as you take back control of your financial future.  

Benefits

A Fresh Start

Personal bankruptcy is a legal process that helps individuals who are unable to pay their debts get a fresh financial start.    

Efficient & Economical

Unlike other debt restructuring solutions, personal bankruptcy is usually the quickest and least expensive way to eliminate your debt.    

Personal Protection

Filing for bankruptcy provides immediate protection against any further action from unsecured creditors, including the CRA for income tax or GST debt.  

Debt Forgiveness

When you are eventually discharged from bankruptcy, you will no longer be legally responsible for any of your unsecured debts.  

Challenges

Waiting Period

Once you enter bankruptcy, you must be discharged or released from bankruptcy before you can get a fresh start.    

Surplus Income

The length of a first-time bankruptcy is nine months. If you have surplus income, the length of your bankruptcy increases to 21 months. 

Repeat Bankruptcy

If you enter bankruptcy for a second time, the length increases to 24 months (with no surplus income) or 36 months (with surplus income).

Qualifying Debt

To file for personal bankruptcy, you must owe at least $1,000 and:

  • be unable to make or have stopped making your regular monthly payments to your creditors as they become due, or  
  • have an insufficient amount of proceeds from the sale of all your assets and property at fair market value to pay all your debts or obligations in full.

How Bankruptcy Affects Your Assets

One of the most common concerns about bankruptcy is the worry of losing your assets. The good news is that, in most cases, you are allowed to keep many essential assets. Bankruptcy is designed to give you a fresh start, not to strip away everything you own. 

Here’s what you’ll likely be able to keep:

Personal Belongings

Under provincial law, most personal items, including clothing, household furniture, and basic appliances, are exempt from seizure. 

Vehicles

You can often keep your vehicles up to a certain value. 

Home

In Alberta, you are allowed to keep up to a certain amount of equity in your principal residence. 

Pensions and RRSPs

Most pensions and RRSPs are protected except for contributions made in the 12 months before filing. 

Government Benefits

Government assistance payments such as GST credits, Canada Child Benefit (CCB), and pensions like CPP and OAS are generally protected and will not be seized. 

What Happens After Filing

After filing for personal bankruptcy, you’ll experience immediate debt relief: 

  • Collection calls and wage garnishments will stop immediately
  • You’ll work with your Licensed Insolvency Trustee to complete necessary payments 
  • You’ll attend two mandatory financial counselling sessions
  • You’ll start creating monthly budgets to track spending

Each of these steps is designed to help you rebuild confidence and practical skills for a stronger financial future. If all requirements are met, your bankruptcy discharge and fresh start can happen in as little as nine months. 

Remember: bankruptcy isn’t the end. It’s simply the beginning of your new financial future. 

  

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Book a Free Consultation Today.

We can help you weigh your debt-relief options so that you can make a confident and well-informed decision.

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