Personal Bankruptcy Forum


Author:   Ontario Resident
Date:   August 11, 2000
Question:   I have a very uncomfortable situation. I have been separated for approximately 2 years, but I have not contacted a lawyer. I have 4 children that live with my wife. She is living in our home that we purchased 10 years ago. I am falling further into debt with each passing month. I am paying for the mortgage on the home she lives in as well as the vehicle she is driving. The following are my monthly expenditures: mortgage payment 650.00 (owe 55000.00) value 85000.00; her vehicle payment $300.00 (owe 2500.00) value 12000.00; my vehicle payment $400.00 (owe 18000.00) value 22000.00; my rent 600.00; credit card debt $2000.00 pay 50.00 per month; insurance debt $600.00 pay 50 per month.

I also have a borrowing account that I keep getting funds out of and I currently owe 12500.00 with a max allowance of 15000.00 pay $300.00 month my total monthly expenses are $2350.00 + living expenses I am currently making 45000.00 annually What will happen if I file for bankruptcy? Will my employer be notified? What happens to my wages? Also I need my vehicle for work, what will happen to it? I know that you may not be familiar with the laws in Ontario, but could you please provide me with some info? Even play this scenario out in your loacation. Any information is greatly appreciated.

 


From:
 

Shane Brenneis, Collins Barrow Limited
Date:   August 23, 2000
Answer:  

Once you file bankruptcy, there is a stay of proceedings and your unsecured creditors can no longer pursue against you. This does not affect your secured debt (i.e. mortgage and car loans). If these are not paid they can take the assets.

You handle all your own income and report to the Trustee each month. If you have a surplus pursuant to the Superintendent Standards, then 50% must be paid to the Trustee. Normally, your employer is not notified.

Each province has its own exemptions as what assets you are allowed to keep. I do not know the Ontario amounts.

As your situation is fairly complicated, I suggest you contact a Trustee in your area for a free consultation. They can give you all of your options.

Shane Brenneis
phone: (403) 298-1575
sbrenneis@collinsbarrow.com




Bankruptcy Forum | Submit a Question