Question: If I declare personal bankruptcy in Ontario, will the trustee notify my employer and or garnishee my wages ?
Answer: In most cases there is no requirement for your bankruptcy trustee to notify your employer. The normal exceptions would be that your trustee would contact your employer if:
- you did not provide your trustee with proof of your monthly income, to allow them to calculate your surplus income payments in a bankruptcy, or
- you did not provide your tax information to allow your trustee to file your income taxes, or
- you did not provide your trustee with your current phone number, address or e-mail address, and they need to contact you, so they contact you through your employer, or
- your wages were being garnisheed; your trustee obviously must contact your employer to stop the wage garnishment.
The second part of your question was whether or not your trustee will garnishee your wages. In many cases the reason you file bankruptcy is to stop a wage garnishment. A bankruptcy trustee would only garnishee your wages if you are required to make payments to your trustee and you don’t, but that is very rare, because obviously you want to fulfill all of your bankruptcy duties so that you can receive your discharge from bankruptcy.
