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Bankruptcy Alberta — implications

If I declare bankruptcy in Alberta, will my wages be garnished?

No. In fact, personal bankruptcy in Alberta prevents your creditors from garnishing your wages and protects your income to ensure a reasonable standard of living.

If my wages were garnished by a creditor before my bankruptcy, will my employer be informed of my bankruptcy?

Your employer was already contacted by your creditors so they could garnish your wages. In order to stop this wage garnishment, we will have no choice but to inform your employer of your bankruptcy. To avoid this, you should consider declaring bankruptcy before one of your creditors garnishes your wages.

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When are payments from my income required during bankruptcy?

When a person files an Assignment in Bankruptcy in Alberta, a portion of their take-home pay may be payable to the Licensed Insolvency Trustee for the benefit of all creditors. The actual amount payable depends on several factors, including: the take-home pay of the family unit, the number of people in the family and whether the family has non-discretionary expenses such as child care or child support. Any questions you have with respect to surplus income can be addressed with the Trustee when you first meet with us.

How would bankruptcy affect my GST refunds and my tax credits?

Tax refunds for the bankruptcy year may be seized by the Trustee. GST refunds will be sent to the Trustee during your bankruptcy. In some cases, they may be returned to you.

Federal tax credits will be sent directly to the Trustee. Provincial tax credits for the year of your bankruptcy will have to be transferred to the Trustee.

If I declare bankruptcy, will the money I receive for my children from the federal and provincial government be seized?

No, family allowances will never be seized.

Can my retirement pension and/or my RRSPs be seized if I declare bankruptcy?

In Alberta RRSPs cannot be seized and there is no requirement to forfeit the last year's contributions. Pensions are exempt from seizure.

If I declare bankruptcy, do I have to continue paying off my student loan?

If you finished school more than seven years ago, you will not have to pay off your student loan because it becomes a dischargeable debt in the event of bankruptcy.

Otherwise you will have to continue paying off your loan.

Do I have to pay my income tax debt if I declare bankruptcy?

Income taxes owed before the date of bankruptcy are almost always dischargeable. You therefore will not have to pay them.

What property can I keep if I declare bankruptcy?

Assets you can keep if you declare personal bankruptcy varies by Province.

For complete details on what assets you can keep when filing bankruptcy in Alberta, click here.

Will my share of an inheritance be seized in the event of bankruptcy?

Your share of an inheritance may be seized in the event of bankruptcy, but there are some exceptions.

How long will it take for me to get a bankruptcy discharge?

For a first bankruptcy, you are eligible for an automatic discharge after nine months or 21 months if you have income exceeding a reasonable standard of living. For a second bankruptcy, it may take 24 to 36 months. In any case, if you are an individual with tax debt of over $200,000 that totals more than 75% of your total debt, you cannot receive an automatic discharge. The Licensed Insolvency Trustee will have to file an application with the court. Company debt obligations are not included in the $200,000 calculation for directors.

After a bankruptcy, how long will my credit score be affected?

It varies by credit agency. In general, your credit score will be affected for 6 years after discharge for a first bankruptcy and for 14 years for a second bankruptcy. You may be able to rebuild your credit earlier, though. Our experts can show you how to fix your credit.

However, if you make a consumer proposal your credit score will be affected for 3 years after you have paid the full amount promised to your creditors in your proposal.

How many times can I declare bankruptcy?

The law sets no limit. However, if you have declared bankruptcy repeatedly (3 or more times) the application for discharge must be filed with the court. The bankruptcy court may then issue a discharge judgment extending the bankruptcy period or a conditional discharge judgment ordering the payment of an additional amount.

Can I annul my bankruptcy by paying back my creditors?

To annul your bankruptcy, you have to pay your creditors back in full and file a petition with the court. It could also be annulled if you make a proposal to creditors while in bankruptcy and the proposal is accepted by creditors.

Can I start my own business if I have declared bankruptcy?

When you are in bankruptcy, you cannot be the director of an incorporated company. You may continue to be self-employed, however. During your bankruptcy, you may also run an unincorporated sole proprietorship.

Can I continue to manage my company if I have declared personal bankruptcy?

A person who has declared bankruptcy cannot be the director of an incorporated company. However, if the company is not incorporated, the bankrupt person may continue to manage it. If the bankrupt person is self-employed, he or she may continue to run the business.

These answers to frequently asked questions are provided as general information only. Each individual's situation is unique. To speak to someone now call us at 310-8888 for a free, no obligation, confidential consultation.

Our Alberta locations:

» Calgary – 4 locations

» Edmonton – 4 locations

» Airdrie

» Camrose

» Fort McMurray

» Red Deer

» Wetaskiwin

We can help

Our Licensed Insolvency Trustees (formerly called Trustee in Bankruptcy or Bankruptcy Trustee) and Estate Managers believe everyone deserves a financial fresh start, while being treated with dignity and respect. We have offices conveniently located in Calgary, Edmonton, throughout Alberta, and across Canada.

To speak to someone now call us at 310-8888 for a free, no obligation, confidential consultation.

 

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