filing bankruptcy outside canada

Posted on Tuesday, December 19, 2006

Is it possible to file bankruptcy under the canadian regulations and laws if I moved to the states? and what happens to the informative sessions that I should attend after filing bankruptcy?
And if my wife decide to stay (going bankrupt too because of a house mortgage issue)what would happen to her.

Thank you

1 Comments:

At 3:12 PM, J. Douglas Hoyes, CA, Trustee said…

To file bankruptcy in Canada you must be personally assessed by a Canadian bankruptcy trustee, which in virtually all cases means you must be in Canada to file bankruptcy in Canada. In addition, you may be required to attend a creditors' meeting (which would be held in Canada), and you must attend two credit counselling sessions. It may also be necessary to attend a court discharge hearing.

Also, if you are not living in Canada, it is very difficult for your Canadian creditors to pursue you, and therefore my general advice is that you only need to file bankruptcy in Canada if you are living in Canada.

As for your wife, if she has debts in her name, and she is living in Canada, she should either pay those debts, or risk having those creditors pursue her.