Personal Bankruptcy and Proposal FAQ
Personal bankruptcy is something you may not know much about until you are forced to consider it for the first time. If handled correctly, it can be a beneficial debt solution. If mishandled or without enough information, it can be extremely confusing.
D. Thode & Associates Inc. wants to help you find debt solutions that last, and we have provided this FAQ page on common personal bankruptcy and proposal issues to help you make educated decisions.
For advice from industry experts, please contact us.
Although personal bankruptcy is part of the public record, typically only parties involved will be notified of your bankruptcy claim. When you work through bankruptcy with D. Thode & Associates Inc., we will do all we can to keep your bankruptcy confidential.
Bankruptcy involves your creditors, your trustee, an official receiver, a bankruptcy court and the Superintendent of Bankruptcy.
Yes. By signing the legal documents to declare bankruptcy, you show that you understand the significance of your situation. Before signing, be sure that you understand all details of your bankruptcy and provide accurate and honest information to your trustee. D. Thode & Associates Inc. will be with you throughout the process to give you the information you need.
How does bankruptcy affect loan co-signers? Entering into bankruptcy does not negate a co-signer’s responsibility for the repayment of a loan. This means that bankruptcy has ramifications for both the signer(s) and co-signer(s).
When you declare bankruptcy, most garnishments and legal actions will stop, but there are certain areas that will not be affected, such as criminal fines. Your specific circumstance determines the cessation or continuation of garnishments, all of which can be explained to you by a D. Thode & Associates Inc. employee.
Existing payments to creditors should stop once bankruptcy has been declared. Your trustee will then handle payments to creditors by determining your expenses and excess income.
Harassment from creditors should cease once you have entered into bankruptcy. All creditors that continue to contact you should be referred to your trustee. You have rights and deserve to have them upheld in a civilized manner.
Credit reporting agencies can obtain information about your bankruptcy since bankruptcies are entered into the public record. This may affect your credit, although the exact impact varies from case to case. For more information about how your personal credit will be affected, contact D. Thode & Associates Inc.
Windfall profits – unexpected profits such as lottery winnings, unexpected inheritance, or demutualization increase – are given up as payment to your creditors during your bankruptcy period.
Yes. When you enter into bankruptcy, you will need to complete two tax return forms. The first is for the period before your bankruptcy began. The second is for the period from your bankruptcy date to the end of the fiscal year. All tax refunds will be administered to your creditors as part of the bankruptcy settlement.
In most cases, employment prospects are not affected. The main exception is if a potential career requires you to be bonded. In some cases, this may be problematic. Your trustee at D. Thode & Associates Inc. can provide you with details pertaining to specific companies you are considering applying to.
First-time bankrupts who have obtained counselling are automatically discharged from bankruptcy 9 months after the filing date. (Note: If a discharge is opposed, this timetable may be extended.)
One alternative to bankruptcy is a creditor proposal. This is a proposal to your creditors where predetermined payments will be made over a set amount of time. Proposals have some similar characteristics to filing for bankruptcy and are most effective with professional assistance. Contact a professional trustee at D. Thode & Associates Inc. to learn more about creditor proposals.
Watch: What to expect if you file for bankruptcy
Recent Posts / View All Posts
A new survey by the Canadian Payroll Association suggests nearly half of workers are living paycheque to paycheque due to soaring spending and debt levels. The poll found that 47 per cent of respondents said it would be difficult to meet their financial obligations if their paycheque was delayed by…
In our capacity as Licenced Insolvency Trustees, we meet people from every walk of life. Few people call our office in Kamloops or Kelowna as their first step when trying to get out of debt, and that’s a shame. By the time we meet our clients, most of them have…
When it comes to filing for bankruptcy, it may seem like you have to learn a whole new vocabulary when all you want to do is get out of debt. Feelings of frustration are understandable, and we’re here to help. For starters, we will explain the difference between a bankruptcy…
The reasons people go into debt are different in every case, which is why it should come as no surprise to learn that the process of getting out of debt will also depend heavily on individual circumstances. In some cases, filing for bankruptcy will be the only option; while in…
One of the reasons Canadians find themselves struggling with debt is a general lack of financial literacy. The recent announcement that financial literacy has been added to the high math school curriculum in BC is welcome news, but we believe the development of a good relationship with savings and debt…
Book a Free Consultation
We want to help you to get out of debt. Don’t hesitate to contact us if you would like to learn more about bankruptcy alternatives like debt consolidation in Kelowna, Kamloops or Penticton. Contact us today for more information.