Declaring bankruptcy is not easy,
but you’re not alone.

Solutions

Bankruptcy, step by step

We know that bankruptcy can be a difficult experience and hard to accept, so our trustees are there to help and guide you, one step at a time.

1. Preliminary meeting

The first meeting consists of analyzing your situation. The trustee will explain the various options available to you.

2. Forms

You will be required to complete forms and sign the necessary documents to make your bankrupt official.

3. Registering the bankruptcy and sending documents
(DAY 1)

The trustee will send the documents to the official receiver to register the bankruptcy. From this point on, you will no longer need to speak to your creditors. Your trustee will handle everything.

4. Creditors’ meeting (DAY 21) 

In most cases there is no creditors’ meeting. In the event one is required, you must attend it with your trustee.

5. First counseling (BETWEEN DAY 10 AND DAY 60) 

Your trustee will assess the situation and advise you on matters regarding financial management, purchasing habits, and warning signs of financial difficulties so that you can avoid critical situations in the future.

6. Second counseling (BETWEEN DAY 30 AND DAY 210)

The trustee will assess the situation and discuss with you the causes of your bankruptcy and ways to remedy them.

7. Discharge
Automatic discharge (9 MONTHS AND 1 DAY)

If this is your first bankruptcy, you have taken part in the two counseling sessions, and no one has opposed the discharge, the trustee will issue a certificate discharging you of most of your debts if you do not have a “seizable portion” of your salary (see Note 1).

If you have trouble making the calculation, feel free to contact one of our professionals.

If a portion of your salary is seizable, the automatic discharge will be deferred to 21 months after the date of your bankruptcy.

In the case of a second bankruptcy, the 9 and 21 month periods will be deferred to 24 and 36 month periods respectively.

In the case of three or more bankruptcies, you will be required to appear in court.

Lastly, if your tax debt exceeds $200,000 and represents 75% or more of your total debt, you are not eligible for an automatic discharge and will be required to appear in court.

Hearing

If you are not eligible for an automatic discharge, you must attend a hearing at the courthouse regarding your application for discharge. Various decisions can be rendered:

  • Absolute discharge: You are discharged of all dischargeable debts without further conditions.
  • Suspended discharge: You will obtain a discharge at a time set by the court, without further conditions.
  • Conditional discharge: You will obtain a discharge only once you have fulfilled the conditions set by the court, generally the payment of a stipulated amount within a set period of time.
  • Discharge refused: This is an unusual situation that only occurs in cases of serious fraud, repeated bankruptcies (more than two), or serious failure to comply with the duties and obligations imposed by the Bankruptcy and Insolvency Act.

Note 1: What is a seizable portion? In the event of bankruptcy, the seizable portion is the excess of net salary over the poverty line. This calculation is adjusted according to the number of people in the family unit. The seizable portion table is determined annually by the office of the superintendent of bankruptcy and can be viewed by clicking on this link: http://strategis.ic.gc.ca/eic/site/bsf-osb.nsf/eng/br02566.html .

To better understand each step of the bankruptcy process,

call 1-855-RCHABOT

to make an appointment with one of our experienced advisors. Consultations are completely confidential.

FIRST CONSULTATION IS FREE