Bankruptcy Ontario: Free Information about Bankruptcy in Ontario

Ontario Personal Bankruptcy Blog

Posted on Friday, December 28, 2007

Confused & Desperate: Should I File for Bankruptcy in Ontario?

Question: I had a small business in which I was sole proprietor and not incorporated. Several bills piled up over the course of six months, as business took a drastic plummet. Three months ago I closed my business. I couldn't pay my rent, pay the inventory bills or anything else. Since then, I have had major surgery and used the little bit I got from selling the stock to live on. Now the money is gone, I have no income and cannot return to a paying job for eight more weeks. I feel like I'm corned with no way out except bankruptcy.

I am in debt of approx $72,000.00. I don't know what to do. I bought a small house seven months ago, so there is obviously no equity built up yet, and the above mentioned debt does not include the house. I'm drowning and need direction. Could you point me in the right direction?

Answer: Yes, you need to meet with a bankruptcy trustee to review your options. The answer will depend on how quickly you will be returning to work. If you will be working again in eight weeks, then that is the time to make the decision about whether or not to file bankruptcy. While you are not working your creditors cannot garnishee your wages.

However, once you return to work the creditors could pursue you. Unless you can earn enough to pay them back, bankruptcy may be the most logical option, although a consumer proposal is also an option that the trustee will discuss with you at your free initial consultation.

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Posted on Wednesday, December 19, 2007

18 and 21 year old kids at home and bankruptcy in Ontario

Question: If a single parent claims bankruptcy in Ontario and the kids are 18 and 21 going to school fulltime with part time jobs, is their income included in the amout to calculate surplus income?

Answer: Surplus income is based on the family unit. If your children are dependents, their income would be included. However, if they earn significant income from their part time jobs, you may not want to consider them as dependents for purposes of the bankruptcy.

To decide, contact a trustee and book a free initial consultation, and ask them to calculate your surplus income payments under both scenarios so you can decide which option is best for you.

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Posted on Monday, December 17, 2007

paying off car lease can you keep the car

Question: I was leasing a car with a very high interest rate, approx 6months ago I borrowed money from bank to buy out lease. The bank never used the car as security and I never realized until now that I was suppose to change the ownership from the lease comp and me to just me. If I am thinking of going bankrupt what should I do about the car. it is only worth about 5-6000

Answer: We would recommend that you get an appraisal on the car to determine exactly what it's worth. Second, get copies of all of your loan documents and meet with a trustee to review them. They will then be able to tell you what will happen to the car if you go bankrupt.

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Posted on Friday, December 14, 2007

judgement

Question: my ex and I had a prenup agreement he sued me for unpaid bills. he is currently garnishing my wages. would bankruptcy stop the garnishing and would the judgement remain even though I went bankrupt in Ontario?

Answer: Without reviewing the documents and the judgement we cannot give you an answer. However, in general, in most cases, yes, personal bankruptcy eliminates judgements and would stop the wage garnishment. For further details, consult your lawyer or an Ontario bankruptcy trustee.

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Posted on Thursday, December 06, 2007

home ownership and bankruptcy in Ontario

Question: I have a mortgage and i can afford the morgage , but the bank said there is not even equity in the house to remortgage, to pay off my other depts. Would i looe the house if i claimed bankruptsy.

Answer: If there is no equity in your house (meaning the amount owing on the mortgage is about what the house is worth), the trustee will not take your house if you file for bankruptcy in Ontario. In most cases the bank will allow you to keep your house, provided you continue to pay the mortgage.

However, every case is different, so we suggest you talk to an Ontario bankruptcy trustee to review your situation and advise you on whether or not you would lose your house if you filed for bankruptcy.

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Posted on Sunday, December 02, 2007

Bankruptcy and home

Question: I am looking to surrender my home while starting bankruptcy in Ontario...If I choose to lease to own a home will I be able to get a mortgage in 2 years?

Answer: Whether or not you will qualify for a mortgage after your bankruptcy is over will depend on a number of factors, including your income, and what down payment you have at that time. Your trustee will be able to provide you with the names of mortgage lenders that may be able to help you once your bankruptcy is over.

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