What Happens To My Debt If I Declare Bankruptcy In Canada
Bankruptcy will eliminate most of your debts, such as unsecured debts including credit card bills, medical bills, and payday loans. You may still be required to pay your secured debts, such as your mortgage or motor vehicle loan.
Some debts cannot be eliminated by your bankruptcy. Those include:
- Court-imposed fines
- Debt incurred by misrepresentation
- Alimony or maintenance payments
- Debt for damages imposed by Civil Court for intentional bodily harm, sexual assault, or wrongful death
- Student loans, if bankruptcy occurs within 7 years of ceasing full- or part-time studies
Wait For The Adjudicator’s Decision
After you submit your application, the adjudicator will decide either to make a bankruptcy order or reject your application. The adjudicator has 28 days to make their decision.
If they need more information about your case, they will contact you. If they do need to contact you, they will have 14 more days to make a decision.
If they decide to reject your application, you can ask them to review their decision. If they confirm their decision to reject your application after the review, you can appeal to the court against the decision.
To request an appeal, you need to submit form N161 to your local court that deals with bankruptcy. You can find form N161 on the GOV.UK website.
What If I Need A Loan Or Credit Card Immediately After Bankruptcy
Luckily, most mortgage companies provide FHA loans for scores of 560-600. Traditional financing options often require a score of 600 or higher.
There are options for buying high-cost necessities after filing bankruptcy claims. Secured credit cards and loans exist for those facing bankruptcy. You can look into credit builder loans or other financing options specially built for people after bankruptcy.
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How Long Does Bankruptcy Last In Canada
Not forever, fortunately. Bankruptcy is a legal process that is intended to provide a new financial start, without being unnecessarily punitive.
Your bankruptcy ends when you receive a discharge, the event that actually cancels your debts.
Several factors affect the length of personal bankruptcies in Canada.
How Long Does Bankruptcy Last In Canada?
First-time bankrupts who make very little income are often eligible for discharge after the legislated minimum period of nine months. However, your bankruptcy will last for more than nine months if you make surplus income, or if this is not your first bankruptcy.
The Totality Of Circumstances Test
A few states use the “totality of the circumstances” test. It might seem that this is an easier standard to meet because it doesn’t consider whether youve made a good-faith effort to repay your loans, such as consistent attempts to obtain employment, maximize income, and minimize expenses. However, the totality of the circumstances test also includes an any other relevant facts and circumstances component that could be broadly interpreted.
Under either standard, the bar to clear is high, especially for federal student loans, for which the government specifically states that the burden of proof is on the debtor to prove undue hardship.
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Rebuilding Credit After Chapter 7 Bankruptcy
Keeping your available credit high is a factor that drives up your credit score, along with maintaining a mix of credit types, such as a home loan, car loan, and credit card accounts. So when you begin using credit again, you’ll want to keep balances below 30%. Keep reading for other factors to consider.
Talk To A Credit Counselor Before Filling
It may also be wise before embarking on the process, to participate in , so you can fully assess your situation. Such credit counseling agencies are listed with the National Foundation for Credit Counseling. Counselors may recommend a debt management plan, in which the agency negotiates lower interest rates with creditors, usually credit card companies. You would pay one monthly payment to the debt management agency over three to five years, and the agency pays your creditors.
While theres a small monthly fee as part of the monthly payment, bankruptcy, if hiring an attorney, can end up costing more. Also, unlike bankruptcy, a debt management plan doesnt appear on your credit report, and will eventually result in a higher credit score, so it doesnt have the negative impact on your ability in the future to get loans or financing that a bankruptcy would.
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What Is Chapter 11 Business Bankruptcy
Chapter 11 business bankruptcy is designed for businesses struggling with debt but not to the point where they cannot maintain operations and earn revenue. The filing allows them to negotiate new arrangements with creditors that must be approved by the bankruptcy court. For example, the bankruptcy court might approve a proposal to extend the terms of a business loan from five years to ten. The plan would have to be approved by the creditor as well.
Thanks to these new arrangements, the business can repay its debts while maintaining operations and gradually regaining profitability.
To file Chapter 11, your business must prove that it is currently generating steady revenue. You must also submit a reorganization plan that outlines your strategy for repaying your debts and when you expect each debt to be paid off in full. Common examples of such strategies include selling off assets, re-financing long-term debts, taking out business loans, or selling ownership shares. The bankruptcy court must approve your reorganization plan along with your creditors.
How Long Does It Take To File Bankruptcy In Georgia
If you are looking to file bankruptcy in Georgia, the length of time it takes to file your case and obtain a discharge depends on whether you file a Chapter 7 or a Chapter 13 bankruptcy case. Today, we will review the timeline for a Chapter 7 bankruptcy case in Georgia. Click to see a review on the timeline for a Chapter 13 bankruptcy in Georgia.
Chapter 7 Bankruptcy Cases in Georgia
A typical Chapter 7 case in Atlanta takes about 4 to 6 months from filing to discharge if it involves no assets and an income that is less than median income for your household size. A Chapter 7 bankruptcy case is a case where you list all of your assets and all of your debts and allow a person called the bankruptcy trustee to investigate to see whether you have any property that can be sold to repay creditors. If there are no assets to sell or if all of your property is protected by the available Georgia bankruptcy exemptions, then your case will likely close quickly. The typical and most simple timeline for a Chapter 7 looks like this:
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You Should Know How Long You Have Before You Can Get In The Clear
Consumers who file bankruptcy want it to be completed quickly. The sooner you file bankruptcy, the quicker you can start rebuilding and move forward with a new start.
Unfortunately, filing for bankruptcy doesnt mean that your problems are solved in a matter of minutes. Its likely to take time, even with Chapter 7 bankruptcy. This is the fastest type of personal filing.
This answer can help you determine how long you have to go. However, if you need to file or have any questions, you should speak to a professional. This will allow them to give you estimates based on your specific situation so that you know the timeline. To get started, call us or fill out the form.
Talk To A Bankruptcy Lawyer
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Become An Authorized User On A Credit Card
If you dont want to take out a secured credit card, you can ask a family member or friend who has good credit to add you as an on one of their credit cards. You may see an increase in your credit score if the issuer reports the cards positive payment history to the three main credit bureaus. However, your score could take a dip if the primary cardholder makes a late payment or maxes out their credit limit.
Can I Keep My House And My Car Under Canadian Bankruptcy Rules
Bankruptcy should not impact your secured debts, such as a vehicle lease or a mortgage, as long as you continue to make payments and there is no equity in your secured assets.
In most provinces, you do not lose your house or car when you declare bankruptcy. You can work out arrangements with your trustee and creditors to keep the asset and continue paying the mortgage or loan. Learn more about what assets you can keep in bankruptcy.
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How Long Does It Take To File Chapter 13 Bankruptcy
The decision to file bankruptcy is a weighty one. And if youre unsure how it works, starting the process could be both intimidating and overwhelming. So how long does it take to file Chapter 13 bankruptcy? And what can you expect during the timeline?
A Charlotte NC bankruptcy attorney at the Law Office of Jack G. Lezman, PLLC can guide you through the process and explain your options.
Count On An Attorney You Can Trust
Acclaim Legal Services specializes in helping people in Michigan gain a fresh financial start through the use of a Chapter 13 Reorganization Plan or a Chapter 7 Fresh Start program.
The goals for our clients are always to:
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Improve and repair their credit
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Resolve emergency issues such as home foreclosure, car repossession, wage garnishments, etc. Filing for bankruptcy offers court protection from creditors as soon as the case is filed. We offer same day legal protection.
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Create a stable financial future through debt elimination, debt consolidation or debt settlement.
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Minimize and eliminate the stress that comes with financial difficulties
We have been in practice for over 18 years and have over 120 years of combined legal experience in debt resolution law to offer our clients. We have six convenient offices located in Detroit, Southfield, Ann Arbor, Warren, Dearborn and Flint, Michigan.
Call today to speak to a qualified bankruptcy attorney at 866-261-8282 or schedule an appointment online.
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What Is Student Loan Bankruptcy
You may have heard that student loans cannot be discharged in bankruptcy. That statement oversimplifies the truth. You actually can get student loans discharged in some cases, but the bar is higher, and the process is more burdensome than it is for other types of debt.
Filing for bankruptcy to discharge student loans may get easier, though, if a recently introduced bipartisan bill is passed. The Fresh Start Through Bankruptcy Act of 2021, by Senators Dick Durbin and John Cornyn , would restore the ability for struggling borrowers with federal student loans to seek a bankruptcy discharge for their loans 10 years after the first loan payment comes due.
It would also make it possible to retain the existing undue hardship discharge option for private student loans and for federal student loans that have been due for fewer than 10 years.
So What Really Constitutes Undue Hardship
Those cases where borrowers have succeeded in having their student loans discharged are insightful. Specifically, a court might agree that repaying your loans would be an undue hardship if you cant maintain a minimal standard of living for yourself and any dependents, if the hardship will continue throughout the loans repayment period, and if youve sincerely tried to repay your loans before filing bankruptcy.
What does a court consider a minimal standard of living? Again, case law and some common sense can be a guide. It might mean:
- Your income has been below the federal poverty level for several years and doesnt show signs of improving.
- Youre on public assistance or dependent on a family member.
- You have a debilitating mental or physical illness or permanent injury.
- You have a child with a serious illness who requires round-the-clock care.
- Divorce reduced your family income with no hope of it returning to its previous level.
- Disability checks are your only source of income.
- You depend on public assistance to support your children.
- You support a spouse who was seriously and permanently injured in a car accident or who has developed a total disability.
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Federal Loans And Hardship
Your student loan holder may choose not to oppose your petition to have your loans discharged in bankruptcy court if it believes your circumstances constitute undue hardship. Even if your loan holder doesn’t, it may still choose not to oppose your petition after evaluating the cost of undue hardship litigation.
For federal loans, the Department of Education allows a loan holder to accept an undue hardship claim if the costs to pursue the litigation exceed one-third of the total amount owed on the loan . Private student lenders are likely to apply similar logic.
Phase : Filing Date 341 Meeting Of Creditors
The 341 meeting is scheduled about 30 days after the petition date. The meeting itself typically takes less than 10 minutes to complete.
While waiting for your 341 meeting, youâll likely hear from your trustee. Theyâll let you know what documents they need from you to prepare for your 341 meeting. As long as youâve kept the documents you used when preparing your bankruptcy forms, doing this shouldnât take very long.
Most filers also get the financial management course out of the way while they wait for their 341 meeting. Bankruptcy law requires every person filing bankruptcy to complete this education course. It tends to be a little longer than the first course, usually around 2 hours.
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Can The Discharge Be Revoked
The court may revoke a discharge under certain circumstances. For example, a trustee, creditor, or the U.S. trustee may request that the court revoke the debtor’s discharge in a chapter 7 case based on allegations that the debtor: obtained the discharge fraudulently failed to disclose the fact that he or she acquired or became entitled to acquire property that would constitute property of the bankruptcy estate committed one of several acts of impropriety described in section 727 of the Bankruptcy Code or failed to explain any misstatements discovered in an audit of the case or fails to provide documents or information requested in an audit of the case. Typically, a request to revoke the debtor’s discharge must be filed within one year of the discharge or, in some cases, before the date that the case is closed. The court will decide whether such allegations are true and, if so, whether to revoke the discharge.
In chapter 11, 12, and 13 cases, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge.
How Does The Debtor Get A Discharge
Unless there is litigation involving objections to the discharge, the debtor will usually automatically receive a discharge. The Federal Rules of Bankruptcy Procedure provide for the clerk of the bankruptcy court to mail a copy of the order of discharge to all creditors, the U.S. trustee, the trustee in the case, and the trustee’s attorney, if any. The debtor and the debtor’s attorney also receive copies of the discharge order. The notice, which is simply a copy of the final order of discharge, is not specific as to those debts determined by the court to be non-dischargeable, i.e., not covered by the discharge. The notice informs creditors generally that the debts owed to them have been discharged and that they should not attempt any further collection. They are cautioned in the notice that continuing collection efforts could subject them to punishment for contempt. Any inadvertent failure on the part of the clerk to send the debtor or any creditor a copy of the discharge order promptly within the time required by the rules does not affect the validity of the order granting the discharge.
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Can A Debtor Receive A Second Discharge In A Later Chapter 7 Case
The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is filed. The court will also deny a chapter 7 discharge if the debtor previously received a discharge in a chapter 12 or chapter 13 case filed within six years before the date of the filing of the second case unless the debtor paid all “allowed unsecured” claims in the earlier case in full, or the debtor made payments under the plan in the earlier case totaling at least 70 percent of the allowed unsecured claims and the debtor’s plan was proposed in good faith and the payments represented the debtor’s best effort. A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.
