Under whose jurisdiction does the bankruptcy law apply? What are the consequences for someone who has declared bankruptcy in Canada, is now living abroad, and cannot reach an agreement with their trustee regarding the excess amount owed? Will the bankruptcy be annulled and the person detained at customs if they return to Canada? Are they at risk of legal action abroad and/or wage garnishment? Can the excess amount owed to the trustee be contested?
Bankruptcy is a federal matter.
If you cannot reach an agreement with your trustee, you may not be discharged from bankruptcy. Your trustee will close your file, and all your debts will be reinstated as if you had not declared bankruptcy. Your creditors will be able to pursue you again.
You will remain an undischarged bankrupt, which is not grounds for arrest, but any assets you acquire will be subject to seizure by the trustee or your creditors.
Regarding surplus income, you can contact the Office of the Superintendent of Bankruptcy if you believe the trustee has miscalculated it.
If you cannot reach an agreement with your trustee, you may not be discharged from bankruptcy. Your trustee will close your file, and all your debts will be reinstated as if you had not declared bankruptcy. Your creditors will be able to pursue you again.
You will remain an undischarged bankrupt, which is not grounds for arrest, but any assets you acquire will be subject to seizure by the trustee or your creditors.
Regarding surplus income, you can contact the Office of the Superintendent of Bankruptcy if you believe the trustee has miscalculated it.
Questions reliées
- 1. Can I file a consumer proposal or a joint bankruptcy (I'm getting different answers depending on the trustee I consult)? 2. Does personal bankruptcy or a proposal affect someone who is a member of a professional order? 3. I would like to know if I can be released from my student line of credit by filing for bankruptcy or a proposal, even if I have a co-signer for this loan. 4. Regarding personal belongings, I saw that there is a form to fill out to declare all our possessions, such as cameras, computers, and sports equipment, so that we can keep them while paying compensation to the trustee. I would like to know how this works and what the compensation is like (very expensive?).
- A debt collection agency contacted me at work today demanding payment of my credit card ($800). They wouldn't make any payment arrangements other than full payment or they'll garnish my wages. I have some other debts from a former cable company ($300), and my current accounts aren't entirely up to date. I don't earn a high salary and I don't have much credit, so debt consolidation would almost certainly be denied. Should I file for personal bankruptcy? The rather unpleasant man who contacted me today said that with wage garnishment, I'd probably have to pay back $1400-$1500 in total on an $800 debt. Furthermore, if my wages are garnished, I won't be able to pay my rent, my bus pass to get to work, and my other bills will likely go into collection as well. How can I pay a bankruptcy trustee if I don't have any money?
- Are household appliances subject to seizure?
- Can a car financed by an auto loan (the bank holds a lien on the vehicle until full payment) be seized by the government if money is owed in taxes?
- Following a separation, I had to buy new furniture on credit at a cost of $4,000. I still have a balance of approximately $3,100 on that loan. If I include this amount in a bankruptcy claim, can they seize all the furniture I purchased?
