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Bankruptcy Ontario: Free Information about Bankruptcy in Ontario

Bankruptcy in Ontario

Archive for the ‘debts’ Category

Ontario Bankruptcy

Friday, November 7th, 2008

Question: Under Ontario bankruptcy law, if you owe debt to numerous creditors, are you allowed to claim bankruptcy on majority of debt, but, keep certain debt alive? What are the restrictions and rules? example-bankrupt on % of debt? Thank-you.

Answer: No, if you go bankrupt in Ontario, you must disclose all debt; you cannot pick and choose. Bankruptcy must be fair to all creditors, so all creditors must be disclosed.

There are certain debts, such as child support arrears, that are not discharged in bankruptcy; you would be required to continue paying those debts. Also, secured debts are not discharged in a bankruptcy if you retain the secured asset (such as continuing to make payments on a car loan or house mortgage while bankrupt). Your Ontario bankruptcy trustee can provide you with more information.

Garnishee in another Ontario region

Tuesday, June 12th, 2007

Question: I reside in Oshawa. I am owed approximately $1900 by a Sudbury resident. Can I commence proceedings from here or do I have to travel to Sudbury to do so? Do I need counsel?

Answer: As a general rule you must commence legal action where the debtor resides, which in this case would be Sudbury, unless the debt arose in Oshawa (because for example the person lived there at the time). This appears to be a small claims court matter so counsel is probably not required, however given the distances involved counsel would probably be advisable.