Personal Bankruptcy Forum


Author:   DN
Date:   August 5, 1999
Question:   If I was to declare bankrupcy....would this affect my wife's situation? What are we allowed to retain as a household? Could we be forced to move (we are renting)? My wife has a loan with her parents ...would this affect them? We are also paying off CMHC for a house we lost in the past...we have made a deal to pay a minimum amount....will this change the siuation as it is almost paid off?
 


From:
 

Shane Brenneis, Collins Barrow Limited
Date:   August 9, 1999
Answer:  

If you file bankruptcy, your wife can be affected in two ways:

  1. if she is responsible for the debt as well, the creditors can then pursue her and if so she may have to look at a possible solution to her debt problems

  2. the bankruptcy act requires that the family income be reported to your Trustee each month. Therefore, even if she doesn't file she will still have to record all of her income and expenses on your monthly reporting sheet.

If your rent is up to date then there should be no reason why you would have to move.

Your wife's debt to her parents and the loan to CMHC can continued to be paid by your wife if she is not in bankruptcy and is still responsible for the debt..

What you are allowed to keep in a bankruptcy varies from province to province. You should contact a Trustee in your area to attend a free assessment of your financial situation.

If you have any further questions or want to come in for a free assessment, please call or email me using the information below.

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




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