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Bankruptcy Question & Answer Forum - Canada


Author:

 

Peter

Date:

 

September 28, 2005

Question:

 

Hello - I redeemed my aeromiles for a new tv a couple of months ago. I am thinking about filing for bankruptcy. Can they take that new tv away? Thanks.



From:

 

Bruce, Alger & Associates Inc.

Date:

 

September 29, 2005

Answer:

 

Each jurisdiction in Canada has its own exemptions, but almost, if not all, have an exemption for household furniture and effects. In Alberta this amount is $4,000. Therefore, it is most likely that you would be entitled to the TV as an exempt asset. Having said that however, if it is a large, high value theatre type TV, it might not be exempt as it would be considered not necessary for the normal use of the debtor. You should ask the Trustee what his position would be on such an asset. You should also remember that even if the Trustee indicates they are prepared to allow the exemption, it could be challenged by a creditor.

Bruce Alger
phone: (403) 296-2970
balger@alger.ca



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