If you are not granted an absolute discharge from your 2nd bankruptcy but given a suspension what are you required to do during the suspension period? Does it require a second court appearence.
response from Ann Clarke (April 15/2005)

My husband and I both work full time (with 2 young children in daycare) we barely make ends meet and have a student loan debt of approximately 80,000 between us. My husband was laid off last year and we went into debt for about an additional 20,000 before he found work. We are almost out of interest relief on our loans and are facing major financial difficulty if we are reguired to pay the over 1600.00 a month in student loans, plus credit card debt and living expenses. What can you recommend especially with regards to studnet loans? Thanks.
response from Ann Clarke (April 14/2005)

Could you please tell me what the fees would be for filing a proposal? Is it a percentage of the amount owing? What kind of payment arrangements do you accept for these fees? Thanks.
response from Ann Clarke (April 14/2005)

I qualify for SFI (supports for independents) due to health problems, (I can't work) However, I have credit card bills. Can social services deny me my SFI?
response from Ann Clarke (April 13/2005)

I will be discharged from my bankruptcy on June 2, 2005. My question is this, how long after I get discharged can I go on a mortgage? My partner is planning on selling her house and getting a bigger house and I want to use my income as addition income to help her get approved for a bigger mortgage. Will going bankrupt cause her to be delined, I want my income to count even if I am not on the mortgage directly? Thanks, Jamie.
response from Ann Clarke (April 13/2005)

If it has been more than 10 years since your first bankruptcy (discharge)and you file for a second bankruptcy is a absolute discharge generally given after the 9 month period of the 2nd one?
response from Ann Clarke (April 12/2005)

Once a person is discharged from a b/r can they apply for a mortgage if a lender would look at them.
response from Ann Clarke (April 11/2005)

I co-sign with my sister, my sister and her husband filed bankrupt, which I was not aware of it, no papers from the lawyer or from my sister and husband,in the mean time I am looking in the city paper and I see only my name in the papers set up for a bid on my property, it was filed in 2003, and here it is 2005 and I am just hearing about the bankrupts, my property is up for sell in less than a month time, and this is my first time hearing about the bankrupts. What steps can I take to keep my property.
response from Ann Clarke (April 11/2005)

My husband and I are separated. He filed for bankruptcy and has gone to court in February. I would like to sell our home so I can start my life over again. How soon will this be possible?
response from Ann Clarke (April 8/2005)

If I file bankruptcy will it affect me getting my citizenship?
response from Ann Clarke (April 6/2005)

I am married, and need to file bankruptcy. Does my husband have to file too?
response from Ann Clarke (April 6/2005)

Can you tell me the reason of why the Trustee requires your address if you move? I understand it's for the GST purposes but am still perplexed about the whole thing. I look forward to seeing your response.
response from Ann Clarke (April 6/2005)

Can you please explain to me why you have to hold onto your Absolute Discharge for seven years? Thank you, Deb.
response from Ann Clarke (April 6/2005)

If I own my own home and have no mortgage on it, but I have huge credit card debt that I just can't pay, would I be able to clear that debt without losing my home if my financial state would not let me make payments to my creditors?
response from Ann Clarke (April 4/2005)

Can I apply for and receive a home mortgage while making payments on a comsumer proposal?
response from Ann Clarke (April 4/2005)

Hi, I would like to know if I am able to get a credit card while employed overseas ( eg, uk, usa,) if I declared bankruptcy in Canada. Thank you, appreciate your advice.
response from Ann Clarke (March 31/2005)

Can I file bankruptcy on my student loan that is over 15 years old?
response from Ann Clarke (March 31/2005)

If I incurred a debt overseas, can legal action be taken against me in Alberta?
response from Ann Clarke (March 31/2005)

I have a student loan about 23000, as well as other debts. If I file for bankruptcy will this be cleared?
response from Ann Clarke (March 31/2005)

My husband is considering filing for bankruptcy. He has financed a vehicle which we have paid off more than half. My question is would he be able to exempt the vehicle on the bankruptcy?
response from Ann Clarke (March 31/2005)

Can a person recieve income tax refund while in bankruptcy?
response from Ann Clarke (March 31/2005)

My spouse and I are considering banruptcy and have one collection agency informing us that they plan to take legal action against us - if we file bankruptcy after they file suite - will we be able submit the collection agency on the bankruptcy?
response from Ann Clarke (March 31/2005)

Upon separation my spouse waived all his rights to title on my house. We were listed as joint tenants and now it is in my name only. Here is my concern, we had the signatures to transfer title signed in August 05 but my lawyer was slow to file so the title is registered to me as of Oct 23/05. Unknown at the time my spouse declared bankruptcy on October 5/05. Will this effect me at all. His trustee wants me to send them a mortgage balance statement showing balance as of October 05. Should I provide this info...or do I have to?
response from Ann Clarke (March 30/2005)

Three years ago I was living with a man and we broke up all the credit cards and other debts were all in my name. I just walked away from everything. In the last three yrs I have payed nothing. Will I still be able to claim personal bankruptcy? My debts I believe are just under 10,000 dollars. Yours truly, Bonnie.
response from Ann Clarke (March 30/2005)

I am separated from my spouse who has filed bankruptcy. I have been sent forms from his trustee to fill out about court orders on child support. I know that this would be a priority creditor situation. BUT ... what if there is not a court order yet and my spouse is just paying a monthly amount for child support anyway. Will it mean anything for me to fill this out without having an actual court order detailing the child support obligation?
response from Ann Clarke (March 30/2005)

I just read someones question that made reference to not being able to get his drivers license because of an unsatisfied judgement. My question now is if I have a creditor place a judgement on me or my property and I then file for bankruptcy am I to understand that while the bankruptcy removes the jugdement, it will make it difficult or impossible to renew a drivers license?
response from Ann Clarke (March 30/2005)

I owe 31000 in credit card debt, and about $7000 in back taxes. I was previously discharged from bankrupcy 5 years ago. What are my options to deal with the debt? OPD ? I own a house- matrimonal share of assets are $25000 in the house, but there is a secured loan against the house.($1100 month payment on 2 vehicles and previous debt) How long will my credit rating be affected with a second bankrupcy, or the OPD program? Our family income just barely meets all the minimuim payments, and we will be short for the next 2 months.
response from Ann Clarke (March 24/2005)

My wife and I just bought an house 2 years ago. We used RSP's as part of the down payment. This year we are to start paying it back. How does bankruptcy affect this?
response from Ann Clarke (March 24/2005)

Me and my wife are considering Bankrupcy. We have a vehicle that is worth over $5,000.00. What will happen if we do not want to continue making payments on it as part of the bankruptcy? What will we be able to do for a vehicle?
response from Ann Clarke (March 24/2005)

Tax returns - who does the refund go to? 1st year? Second? 3rd? how many returns must the trustee file?
response from Ann Clarke (March 24/2005)

If the 4 year suspension is adjourne and I have to apply to the courts. Is there a chance they can give me another 4 years suspension? Or any kind of suspension?
response from Ann Clarke (March 22/2005)

My question is: Can a wife be sued for a husband's credit card debt if she never applied or cosigned on his credit card while he is still living? Isn't the person that applied and used the monies responsible?
response from Ann Clarke (March 21/2005)

I claimed bankruptcy 2001 and I am a first time bankrupt. I received a suspension for 4 years. So in 2006 I have to apply to the courts for a discharge. Is there any change of getting another suspension again?
response from Ann Clarke (March 21/2005)

When a judgement is placed against a person what happens? and is it just against that particular person? or the husband also.
response from Ann Clarke (March 21/2005)

After a very costly divorce, I am considering a 3rd bankruptcy (previous discharges 0/00 and 08/94.) Liabilities are $60,00. Assets are $19,000 including $17,000 equity (my share) in the matrimonial home, and vehicle $1,000. $10,000 of the liabilities are legal fees secured by a lien on the matrimonial home. There are arrears to the MEP (Child Support). It is expected the arrears will be extinguished and home sold by pending Court Order...but possibly not. I am currently unemployed on disability leave - expected to return to work within 6 months, but with huge debts and child support to pay. Discretionary income is about $50 per month. I live very simply. Is OPD a viable option? What affect does bankruptcy now, in this case, have on child support, credit rating, etc. Liabilities include Revenue Canada, credit cards, personal loans, legal & professional fees, utilities, etc. What would a bankruptcy cost in this case? Thanks!
response from Ann Clarke (March 18/2005)

A major bank sent my file to collections where it has remained for just over 2 years. I offered to settle on the account 3 months after it going to collections. I owed at the time approximately $2400 and I offered to pay $1700 from the sale of my house. This amount was denied each time. Last month I received a letter from a different collection ageny offering me a 70 percent payout...basically the same amount I offered to payout initially. The collection agent has since called (now being over 2 years) and I have told him I felt it was unacceptable that he be trying to collect at this point and let him know that I was aware that the statue of limitations in Alberta was 2 years. I want to know what my rights are as far as the statue of limitations goes..does it mean that he can continue to call me and harrass me?
response from Ann Clarke (March 18/2005)

I have outstanding student loans and visa payments that have now been referred to a collection agency. I am currently living in Vietnam and as such, make very little money by Canadian standards. Therefore, it is extremely unlikely that I will ever be able to pay these loans off. Can a creditor in Canada pursue leagal action against me over here? Can I declare bankruptcy from here?
response from Ann Clarke (March 18/2005)

One member of an existing legal marriage of approximately thirty-one years is considering bankruptcy due to a recent disability which appears to be long term. The assets must be listed with the Trustee in bankruptcy.The Trustee may sell the assets to pay for the unsecured debts. However these asset were bought and paid for by the husband and wife who both worked and contributed to the purchase of all the assets.Would the assets or the proceeds of the assets be split equally between the wife and the creditor(s)? The only problem may be the fact that the title(s) may have been placed in the name of the husband even though both individuals were employed and contributed to the purchase of these asset.The wife does not want to go personally bankrupt as she feels that the unsecured debts were my debt not hers as she did not sign the unsecured debt nor did she grant permission to enter into this unsecured debt situation.
response from Ann Clarke (March 17/2005)

I have been sent to collections with a major credit card company for only $1000 and have paid it off. How long will this be reflected on my record for?
response from Ann Clarke (March 17/2005)

My husband and I have been married 2 yrs. He is considering filing for bankrupcy for debts incurred prior to our marriage, including back taxes. Will a bankrupcy filed this year cover back taxes dating to 1999-2002? Will I be responsible for any of the debts as they predate our marriage? Can he file for bankrupcy alone?
response from Ann Clarke (March 17/2005)

I loaned made a personal to my mom for $5000 2 years ago and did not have a note signed by her. What can I do to collect these funds and is there a time limit that I can collect?
response from Ann Clarke (March 16/2005)

What is the difference between having bad credit (collections) and having filled bankruptcy? Do they have they have the same limitations? Thanks.
response from Ann Clarke (March 16/2005)

I live in Alberta we own a home and the equity would be under the 40,000 we have over 60,000 in unsecured credit card and line of credit cards. I was injured over 3 years ago and have not been able to work since. I get a payment of 460.00 a month from WCB and my wife works full time making about 2200 per month. We have two children still living at home and are both in grade 12. We have been using everything to survive the last few years. We used all our rrsp that we were able to get at to make payments; I have 25000 in RRSP that are locked in and can't get at. We are only behind in 3 payments on the largest credit card but are unable to pay it. We have 3 cars in my name the first one is a lease the second one is a 92 van that is paid for worth about 2500 the 3rd one is my daughters they paid for it and have the receipt that they paid for it. They cashed in their Canada savings bonds to buy it 2 years ago but I registered the car in my name to get insurance cheeper. The car is only wort 1500 anyway but will they lose it because its in my name. I feel bad about this. Also we have gone bankrupt twice before. I think the dates were 1983-1992, but since then have had excellent credit until the work injury and major surgery, and to make things even stranger 3 weeks after major surgery I was involved in a mva that was not my fault. If I win anything will I lose this money too? I would like nothing better than to pay everyone and I have filed an appeal on the wcp payments worth over 60,000 that I would exspect to go to the bills I owe as it would have if I was getting the money monthly. Also, do you handle bankruptcies in Medicine Hat, Alberta. Thanks.
response from Ann Clarke (March 16/2005)

What are the creditors your can clain for bankruptcy and which ones can't you include in your claim? Need example of what you can claim for bankruptcy. Thank you, lost job and know I don't have the money for all my bills and loans.
response from Ann Clarke (March 15/2005)

How long does it take to be discharged from bankruptcy after all commitments have been met by the bankrupt and all fees have been paid to the trustee? Also, will the income tax return be going to the trustee or back to the person who declared bankruptcy? If it goes to the trustee will it be released and sent back to the bankrupt person once discharged?
response from Ann Clarke (March 15/2005)

I owe approx. $95000.00 and my monthly payments are out of reach. The only secured part of this debt is a $15000 car loan that is only worth $10000 to sell and a $23000 holiday trailer loan that is only worth $17000. I can't sell them because the leftover debt is $11000 that they will want paid out before releasing the liens. I am concidering a proposal and turning both of those in, I assume it will have to be the Division 1 proposal because I owe over $75000. I was wondering what the difference between this propsal and the regular proposal is. Also, While in a proposal do you have to report income and expenses monthly like in a bankruptcy and during the proposal can I save up and assume a mortgage if the bank won't approve me for a mortgage?
response from Ann Clarke (March 14/2005)

If I declare bankruptcy can I keep a car that I am still making payments on that I bought last year?
response from Ann Clarke (March 14/2005)

If I am under the age of 21 and plan to open my first business. If my business goes down in the first 5 years, and declare bankruptcy, and i go back to school, how long will it take before I can apply for a credit card again and have my credit rating back? Also, how long will it be in my record for about being bankrupt? Thanks.
response from Ann Clarke (March 14/2005)

I filed for Bankruptcy in August 2004. Due to medical conditions I was not working and on Social Assistance. When I filled Bankruptcy I was recieving $994 per month and was just able to make the payments of $75 per month. In October 2004 my Social Assistance was going to be lowered to $695 per month, and because of that I was unable to make the bankruptcy payments. I was and still am recieving $695/month and paying my landlord $700 per month room and board. Due to even more financial stress I stoped doing my duties completely. I have since recieved a letter stating that because of my outstanding issues, it will prevent me from obtaining my discharge from bankruptcy. Is it possible to borrow the money from a family member to pay off my bankrupcy (if done before the end of my 16 months) and still qualify for an automatic discharge? What are the consiquences if I do not follow thru with my bankrupcy duties? Also is it possible to get married if the individual has not been discharged from bankruptcy, without it affecting their partner?
response from Ann Clarke (March 11/2005)

My ex-husband took me to court in an attempt to get unsupervised access to his children. He lost the battle, I was awarded court costs and then he declared bankruptcy. Is he still obligated to pay me court costs or will I never see this money?
response from Ann Clarke (March 11/2005)

A year ago, my husband and I filed chap 13. Now I want to file for divorce ... the debt scares me... would it be possible for the stay on the chap. 13 to be lifted, an then could I file chap 7 so that I can afford to live and take care of my kids?
response from Ann Clarke (March 11/2005)

If couple that are now separated,one has decided to file for bankruptcy and he is joint on the mortgage that they have together but she is still living in the house and making the payments on a regular basis, will her mortgage company have any problem with her taking over full responsibility of the mortgage.because a year ago she tried to take over but they said she did not have enough income, but now theirs a possible pb involved and she makes more now! Thanks.
response from Ann Clarke (March 10/2005)

Further to my previous questions would the revoking of my licence be Canada wide or provincial? Thanks so much for your help. This is a very stressful situation and any information is greatly appreciated.
response from Ann Clarke (March 9/2005)

Thank you for the response in regard to the unsatisfied judgement in the amount of 167,000. How long would I not be able to have a license for if I were to take this course of action?
response from Ann Clarke (March 9/2005)

I live in Calgary and I have been paying for approximately 6 years on an unsatisfied judgement due to a automobile accident. It is in the amount of $167,000. I have been paying $100.00 per month. I am also in debt in the amount of approximately 21,000 dollars. I am wondering if I can claim personal bankruptcy for these debts and what the cost would be.
response from Ann Clarke (March 9/2005)

Customer has leased a vehicle in Ontario and has since moved to Albert to work. Lien from Ontario has been inplaced. Customer has since gone bankrupt. Trustee said we can not get our vehicle back since we did not have a lien placed in Alberta at the time of bankruptcy. The vehicle is owned by us. 1) can the trustee do this and sell our vehicle? 2) can we still have the vehicle repossessed as we understand it is still with the customer who is not making any payments as advised by his trustee?
response from Ann Clarke (March 9/2005)

What does undischargable bankruptcy mean?
response from Ann Clarke (March 9/2005)

My ex-husband and I have been divorced for 5 years, 9 months. I recently found out he filed bankruptcy (about 3 months ago) on an unsecured credit card that was held jointly when we were married. In the divorce decree it states he was to be responsible for the debt; however, I've heard since we were both card holders the credit card company could come to me to collect this debt. Is there a statue of limitations that might have expired since he did make the payments for 5 plus years or should I expect to have my savings cleared out with no notification? Thanks for your advice.
response from Ann Clarke (March 8/2005)

We have been married for 31 yeras and during that time we have maintained an excellent credit rating. We have owned 6 homes during our marriage and have many many personal loans and lines of credit over that time peiod. Four years ago I became disabled and unable to drive or to work. We sold our home 2 years ago to try to pay bills and down size. My husband is an electrician and is 52 years of age. Unfortunately he has been unable to find much for work except a few months here and there. I recieve a small pension from Canada pension for disability. Unfortunately we can not substain our lively hood any longer. we are paying bills with credit and seem to getting no where fast. We have approximately $60,000.00 in debt not including our home which we purchased 1 years ago. A mobile home so that I could maintain it. We have less that 25% equity in it. Do you have any good advice for us? The utility people are the only ones so far giving us a bad time as we have always tried to pay those debts that would affect our credit rating. However we are starting to pay debt with credit and thats absolutely unacceptable. Please, any adice would be welcome. Thank you.
response from Ann Clarke (March 8/2005)

If I am about to declare bancrupcy, but own a car worth approximately 10,000, will I loose the car? Should I sell the car before I declare and purchase a less expensive vehicle?
response from Ann Clarke (March 8/2005)

Can income tax returns be held, if all of the commitments have been met (payments all made to date), but the individual has not been released as yet?
response from Ann Clarke (March 8/2005)

I am currently have debts in the 20,000 range. I have made arrangements through a Consumer Credit counselling organization in B.C. and have been making making payments consistently. Last year a group in the U.S. claims I owe them about 2500.00 U.S. I have been paying as much as I can. I do housework as part of my income and have lost a number of small jobs over the course of the last year. The U.S. company has turned this over to a collection agency. Can a company in the U.S. sue me if I am in Canada? Should I just file for bankruptcy?
response from Ann Clarke (March 8/2005)

My fiance and I are planning to get married in the next couple of months. Will it make any difference if I wait till after our wedding, to declare bankruptcy for myself? These are business debts that I incurred long before I met my fiance and his name is not attached to any of my debts. My business has since gone belly up and I currently have no income.
response from Ann Clarke (March 4/2005)

Hi, I filed bankruptcy in December 2004 and I am still working through it. I have one more meeting and as well my discharge order is note until September 2005. I recently got engaged and as a requirement of my fiancee's job is that he moves to another province. Are there any restrictions for me to go with him? Or do I have to stay in the province that I am in?
response from Ann Clarke (March 4/2005)

I have separated from my husband but not formally more than 1 year ago. I own 40% shares in his company but am not a director. I year ago he sold to me a seperate Sole proprietorship but I did not register the company yet ...
response from Ann Clarke (March 4/2005)

I entered OPD in April 2003 and made my last payment August 11, 2003. The credit counsellor did not make the payment to creditors until Sept 15, and the court documents were stamped Oct 2. I was prequalified for a mortgage in Feb 2005, and made a deposit with a home builder. In March 2005 my mortgage agent informed me that CHMC declined my mortgage insurance due to bankruptcy (my credit bureau did not state OPD). CHMC wants 2 years from completion of OPD. My house will be ready in Sept 15. Which date will be reflected on my credit bureau when it is amended? I need to know because I may lose my house and downpayment. Thanks.
response from Ann Clarke (March 4/2005)

My wife and I both own a home with 200,000 equity. The home is still under mortgage for 50,000. I owe about 50,000 in credit card debts. Using the 40,000 rule, If I declared bankruptcy, would I be forced to sell the house and pay the trustee $50,000 to settle my debts?
response from Ann Clarke (March 3/2005)

Can you tell me if I am being sued for a very large amount of money how long they can garnish my wages for? Can this still be done if I delare bankruptcy? How much can they take and for how many years can this go on for? Thank You.
response from Ann Clarke (March 3/2005)

What happens to the $40,000 exemption when the principal residence is co-owned with someone else? My ex-husband and I both own the condo I live in, and I have filed for bankruptcy with my common law spouse. The trustee says that I am only entitled to a $20,000 personal residence exemption.
response from Ann Clarke (March 3/2005)

What is the best option for a couple that have $60,000 in debt,they make about 3k per month take home but they have assets in rrsp,vehicles and a house that has around $40,000 in equity, can they do a consumer proposal or is an informal settlement a possibility?
response from Ann Clarke (March 3/2005)

I am thinking of selling a company to a friend who filed for both personal and corporate bankruptcy 2 years ago. He was discharged one year ago. Someone told me I can't legally do this as someone who has been bankrupt can not be a director of a company for 5 years after the bankruptcy.
response from Ann Clarke (March 2/2005)

We would like to do a consumer prososal. One year ago, we purchased a home using almost all of our RRSPs in the home buyers plan. In this deal, we needed an additional 35,000 to complete the deal. The previous owner took out a 2nd mortgage and lent us the 35,000 on a 15 year term. She has a lean on the house, and she was hoping that we would be able to pay her back within a year's time. Even though our credit history is good, no bank will lend us the 35,000 to pay her off due to our high debt ratio. No bank will consolidate our debts, again due to our high debt ratio. The fact that we have been making all payments on time made no difference. The banks rules are black and white, they make no sense, but the rules are the rules. My question is, are we elegible to make a consumer proposal being as one year has passed, and if so, will it affect the deal that we made with the previous owner? Will she be able to claim the house?
response from Ann Clarke (March 1/2005)

I want to know the guidelines for bankruptcy in AB what is a maximum for a car - I still have 7 months payments on a 96 - require it for work and how much in personal assets are you allowed business assets - i.e. computer etc. and as I always have to work contract commission - how does this affect length of time to discharge, cost when one has to be bonded as in real estate - I'd like to go back into real estate licensing or when one works as say in a jewellery store you have to be bonded. How is this affected?
response from Ann Clarke (March 1/2005)

If I declared bankruptcy will I get credit after I'm off the list after the 2 years?
response from Ann Clarke (March 1/2005)

I am an Alberta resident but am currently living overseas. Payments will be starting shortly on my student loans totalling $40,000 plus another $9,000 student line of credit. Is it unreasonable for me to consider filing for bankruptcy to absolve my credit card debt of roughly $23,000? It is going to be very difficult, if at all possible, to keep up with all payments. I have tried consolidating my credit cards with RBC but due to a poor credit rating they would not consolidate them for me without a co-signer which I can not obtain. Would consolidation be a better solution? But what company would be willing to as RBC wouldn't? Further, I am not planning to reside in Canada for another 5 to 7 years. Any suggestions would be appreciated.
response from Ann Clarke (February 24/2005)

I declared bankruptcy Jan 2004. The rating would stay listed with the credit bureaus for 6 years. I was told yesterday that a new law took effect last July that it would only be listed for 2 years. Is this true?
response from Ann Clarke (February 23/2005)

If you file Bankruptcy can they take your tax return?
response from Ann Clarke (February 22/2005)

My situation is my wife and I filed Ch.13 back in 10/2002 and have made every payment on time since. We have two cars, but they are both older model cars (Over 10yrs Old). Neither one can be considered as being reliable. We have two kids and I am scared that the car my be a hazard for them getting around. I have to travel out of town sometimes for my job and have to rent a car when going. My question is can you buy or lease a car while I am still in bankruptcy? Within the past three years, my wife has a new job making more money and I have gotten raises. PLEASE HELP!!!
response from Ann Clarke (February 22/2005)

I am considering bankruptcy but I am wondering what portion of your income per month you keep and how much you must pay to the trustee. I am a student and a single mom, 1 child, who receives $1250 spousal and $1250 child support per month. My rent is $925, utilities and other services approximately $400-$500/month, groceries $600/mo, health care $150/month minimum, child care $725/mo of which my husband helps sometimes but is not legally responsible, etc... On top of this I have my creditors who at this time I am not paying. I am barely getting by. If I go bankrupt are my monthly expenses reasonable or am I going to have to pay monthly to the trustee? I had heard that you can pay your trustee out of your tax refunds, can I do this?
response from Ann Clarke (February 22/2005)

I have noticed on your forms that it asks for your Calgary Co-op membership number, why is this? If you also work for the Co-op and do not want them to know you are filing can you offer to pay out the equity of your membership with out actually having anyone contact them?
response from Ann Clarke (February 22/2005)

Am I still bondable now that I have filed a proposal?
response from Ann Clarke (February 22/2005)

I have been issued with a lien on my home by a credit card company. I have now recieved a letter from a bailiff service that they can sell/foreclose on my home in the next six months. Can they do this?
response from Ann Clarke (February 22/2005)

My husband and I leased a pre owned vehicle...a little over a year ago... the vehicle that we leased...is a complete lemon, so far we have had to replace the motor, driveshaft, altenator...just to name a few, our warrenty wouldn't cover any of this and now the warrenty is expired and things are continually happening to the vehicle, however its not just regualar wear and tear things, is there anything I can do to break this lease with out having to pay all the early termination fees...my only other option is bankruptcy because I can't keep up on the payments and repairs...
response from Ann Clarke (February 18/2005)

I understand that the trustee will take my GST refunds for my creditors during the bankruptcy period, but what about my Child Tax credit? Will they take that money also? If not, what if I am owed a large amount by the gov't in back Child tax due to being late filing my taxes? I will owe no tax once I file, so expect about a year's worth of Child Tax credit & GST refund. Will they take both refunds?
response from Ann Clarke (February 17/2005)

I wish to know if a person has a consumer proposal accepted can they continue to borrow new funds if the bank/creditor is willing to lend.
response from Ann Clarke (February 16/2005)

I have considered Bankruptcy, but was told because I am on title on my grandmothers house as is several other grandchildren that would be used as an asset. Even thought she wanted to deal with her estate before she died instead of after. Thank you for your help.
response from Ann Clarke (February 16/2005)

I have a huge debt at legal aid. Will this go away?
response from Ann Clarke (February 16/2005)

Here is a complicated situation, After a 3 year legal battle with ex we finally went before a JDR for our property settlement,as a trial was too costly and I was maxed out with legal aid($6000.00) We jointly own a house,we are divorced and jointly own the home,he resides in it and he also has a lien on his half for $100,000 owing to ccra. the settlement with jdr was ex was to take on all joint debt rcv house title and pay me $5000.00. there was a court order and trust conditions from my lawyer on this agreement. the due date for the $5000.00 was 17 jan/05 opposing counsel never obeyed court order or trust conditions,never rcvd money.it was then I decided to go bankrupt as my lawyer felt that our order was no longer valid. I owe $23,000 and have $50,000 in equity.if bankruptcy trustee tries to realise my equity to pay off my debtors can my ex try to slide in under the radar and try to pay me on the original order,or can I go bankrupt with a trustee forcing the sale of the house.(title in both our names) sorry so long, pls respond
response from Ann Clarke (February 16/2005)

In regards to a joint loan between two people and they are now separated. If one person is thinking about filing for bankruptcy what happens to the other persons credit rating AND what can they do to pay the creditor and not make themselves liable for the debt.
response from Ann Clarke (February 14/2005)

My husband and I filed for bankrupcy and never finished paying off the bankrupcy fees, there was a high employee turnover rate and we had a few people dealing with our file. We went to cout and we required to pay the fees and submit our last statement(which we did) but never finished paying off the fees, what happens now? The last time something like this happened they changed us an extra 500 each I believe to open our files. SO we are unsure as to what we need to do, we do not want to pay 500 dollars each to find out we still owe 300 in total. I believe that we paid off the majority of the fees, where does this leave us now? Thank you for your help.
response from Ann Clarke (February 14/2005)

I had to file for bankroptcy in May 04. One debt I had was to a company owned by someone I had know for many years. I went to him to explain and sad out of friendship I'd try to make good someday. My debt was approx. $1,000. However finding that I could not legally I couldn't pay this money I did not make any payment. Now that I have been discharged his company continues to invoice me. My trustee instructed me to have him phone them. When I did this the person I owed said they would continue to invoice me until I paid, and stated he would have gone after me nine months ago. Since none of my debtor recieved anything through the bankruptcy, what should I do if I am continuually invoice for ever. Do I have any recourse?
response from Ann Clarke (February 14/2005)

I am the homeowner of this property. I married after I got this house. My question is if I add my husband onto my morgage while under bankruptcy can this stop forcloseure after it's been stated I was two payments behind?
response from Shane Brenneis (February 11/2005)

I have recently filed for bankruptcy, I am in repayment of my student loan (7 years old). I have exhausted all the Interest Relief available to me. I read on your website about something called Debt Reduction in Repayment, where some of the principle of your loan can be forgiven in increments of $10,000 or $5,000. I currently owe almost $6000, and am in good standing with the repayment. Can you tell me how to go about applying for this? My trustee did not know what I was talking about when I asked her about it. Thanks for any help you can give me.
response from Shane Brenneis (February 11/2005)

I am a single mother of two (ages 11 and 8), I am considering claiming bankruptcy, I am concerned I will not be able to keep my vehicle. I earn $26,000 anually, my debt is roughly $22,000 not including what is left on my car. My car is valued at est. $18,000 with est. $12,000 left owing. Is there any way I can claim bankruptcy and still keep my car? Thank you.
response from Shane Brenneis (February 11/2005)

Hi. I have declared bankruptcy, but my partner has not. One of the companies is now trying to come after my partner. Do they have to take him to court before they can garnishee wages, or freeze accounts? Can they freeze an account that is in both our names? Thanks.
response from Shane Brenneis (February 10/2005)

I have one more question, the house that I am in belongs to myself and my mother. Part of my bankruptcy was the legal fees but with my mother's name on title she was responsible for it too. She has paid this bill. Should I be telling the trustee even after I received my absolute. Thanks again.
response from Shane Brenneis (February 8/2005)

I have 2 cars and want to declare bankrupcy. I heard that you can keep one car. If I sold one for a dollar and later on bought it back for a dollar what will happen?
response from Shane Brenneis (February 8/2005)

I own my own home with approx 25k equity- I just moved to a different city for work and have rented out my home- I am staying with a friend in the new city. If I declare bankruptcy, will I have to sell my home?
response from Shane Brenneis (February 8/2005)

What happens if you file for bancruptcy and then do not pay the firm the $1100 and do not attend the classes you agreed to attend?
response from Shane Brenneis (February 8/2005)

Can you please tell me when you surf the Web at the Superintendent of Bankruptcy site they tell you that you should send your absolute to them als, and also to Revenue Canada. What is the reason for this and why wouldn't the trustee tell you that? I had received a temporary discharge in March of last year and made final payment to the trustee in December of 2004, I did my bankruptcy return last year. Should it take very long now for the trustee discharge? Thank you.
response from Shane Brenneis (February 7/2005)

My separated spouse signed off his name and title on the house but the house was not transferred to just my name until about 2 weeks after he filed for bankruptcy. (I did not know he did this until later) The equity is below 40,000 and the trustee wants a paper showing the motgage balance as at the time of his filing. On his bankruptcy documents he listed the value for mortgage as value of the house. Should I at all be worried about losing my house because of his dates of actions?
response from Shane Brenneis (February 7/2005)

Can you please tell me once you have received Absolute Bankruptcy and you don't have any other conditions can you sell whatever you wish to sell? Also how long does it take for the Trustee Discharge I heard it takes between 6 to 12 months? What is the process of this discharge? I have been trying to surf the net for answers but hopefuly you can answer them for me. Thank you.
response from Shane Brenneis (February 4/2005)

I am leasing a car. If I declare bankrupt what will happen, can I still continuously lease, or give it back to the dearlership?
response from Shane Brenneis (February 3/2005)

I am facing a bankrupcy in the next few months. 1)If i have recently purchased a vehicle and have no equity in it yet, must I claim it if it is a secure loan? 2)My childcare is through my mother as son is high needs, she is on pension so I buy groceries and gas, is this allowable under a bankrupcy? 3)Also how does bankrupcy affect child maintenance I receive for my son?
response from Shane Brenneis (February 3/2005)

Are non-Canadian residents eligible to declare bankruptcy? I'm actually a visa student with Study Permit. Will bankruptcy impact extending the Study Permit and visa? Both of them expire in six months and require a financial proof (like have thousands in my bank account) for renewal. Also, will the university force me to withdraw due to the bankruptcy because I also owe them thousands of tuition from last semester.
response from Shane Brenneis (February 3/2005)

What does undischarged bankruptcy mean?
response from Shane Brenneis (February 3/2005)

If you are living common law with someone for less than a year, is his income still included in the allowable amount a family can make. What about a teenager's job, is it included in the family income?
response from Shane Brenneis (February 2/2005)

My daughter missed 3 payments on her credit card and they fowarded it to a collection agency. The collection agency said she has to pay the full $12,000 or they will put a lien on her house. She cannot afford this and said she would pay the $2,000 to bring it up to date and they make payments of $100.00 a month but the collection agency said no. They told her her credit will be ruined unless she pays the total amount. They want her to see if she can get a home equity loan to pay it off. I didn't think a credit card company can put a lien on your house. Can this be done? And, if she does pay the outstanding amount and continues to make regular payments, will her credit be affected? Thank you.
response from Shane Brenneis (February 2/2005)

I have been currently seperated for three years and own a home with my ex(both our names are on the title). I have not resided there for the duration of our seperation and she has maintained the household. I currently live with my parents, pay room and board and have recently claimed bankruptcy. My question is do either of us realize or recieve any equity out of the sale of the house(approx 30,000 equity) if there is a writ on the title for a unsecured loan that the creditor recieved judjement against me for. The other circumstances are that me and my parents have recently had a falling out and i must move. My ex has agreed for me to move in temporarlly(about a month or two) only if I agree to sell. She does not know of the writ(as it is only in my name). Will she or I recieve any monies, is money held until my discharge, is that writ removed or has to be paid in full, etc..please help me understand what to do. This debt for the writ was included when I filed 2 months ago. She has very little income and do not want to promise her half the equity then recieve nothing after the sale of the house.
response from Shane Brenneis (February 2/2005)

I was born and raised in Alberta and work for the AB Gov't. There is a judgment against me from a law firm in Ontario. Can they garnish my wages or seize my bank accounts inter-provincially? When I spoke with someone from the law firm in Ontario, they said that b/c of certain laws in AB, they could not garnish my wages because they could not get my SIN. Can this judgment lead to garnishment or account seizures? Thanks for the help.
response from Shane Brenneis (February 2/2005)

Does a person have to be criminally charged for debts obtained fraudulently not to be covered by bankruptcy?
response from Shane Brenneis (February 2/2005)

The only personal debt I have at this time is a small balance of $500 with Leons furniture. The rest of my debt belongs to my business, and I need to declare bankruptcy. I no longer own the item I bought from Leons - are they going to want it back?
response from Shane Brenneis (February 1/2005)

I have filed before, I filed in the year 99 and recieved discharge in 11-2-99. Question, can I file again now or do I have to wait until November 8 2005 to re-file?
response from Shane Brenneis (February 1/2005)

I receive a widows/orphans benefit. It is deposited to an account that is not mine but my child's. A credit card company lawyer is saying that they will seize this pension. My sources of income are far below the amount exempt from garnishee. Can they somehow have the government stop issuing this monthly amount to me anyway?
response from Shane Brenneis (February 1/2005)

I own a home and have the opportunity to sell it to someone I know for the mortgage amount plus 40,000. This would be slightly lower than what it sell for with a realtor but without the realtor fees. A creditor is threatening to force the sale of my home but if I am willing to sell it as above is there anything that says I cannot? I am to the point where I just want to get something from the equity and try to start over.
response from Shane Brenneis (February 1/2005)

I have heard that a home in "the country" such as an acreage has some sort of protection from creditors attaching to it. Is this true in any way? Also, what exactly does attach mean?
response from Shane Brenneis (February 1/2005)

I'm in bankruptcy right now and due to be discharged in two months. I still owe the trustee over $1000.00 which I'm having difficulty paying. I understand I will get a conditional discharge until they are paid. While under a conditional discharge, I would like to sell my house and pay the trustee. Do I then still have to turn all the proceeds of the sale to the trustee while in a conditional discharge?
response from Shane Brenneis (February 1/2005)

I have been discharged from my debts 2 mos ago. Now my husband is being contacted to pay the debt. We had been advised by our (my) trustee that only one of us shoud file, not both and that any cards my husband possessed of my accounts were nothing to worry about. The trustee would take care of that. Now we have been advised to pay and feel that we received bad advice because Visa is about to garnishee my husband's wages. We went for help and now are in a bigger predicament, as the collection agency is demanding payment in full. Is there anything we can do? We have a child and own nothing. How will this affect my husband credit rating?
response from Shane Brenneis (January 31/2005)

I was released this June and I am wondering does the trustee have to do my income taxes again this year or do I do them as normal?
response from Shane Brenneis (January 31/2005)

I loaned a personal friend $9000 three years ago and did not have a note signed by him. What can I do to collect these funds and is there a time limit that I can collect?
response from Shane Brenneis (January 28/2005)

My debts are more than I can pay for. I have a mortgage payment, plus a equity loan, credit card bills, lending institution, debt eleminators account, and utility bills. My husband of just a year run up credit card bills. I tried consolidating, borrowing, and now all payments are more than I make at two jobs. He had a job when I tried to consolidate bills and he help make payments, now he quite his job and I don't have enough income. Do I sell my home, but this won't even take care of the debts, or do I file bankruptcy?
response from Ann Clarke (January 26/2005)

12 years following a bankruptcy, I have been asked to allow a credit check for employment purposes? What information will be included in such a report? Currently my credit is fine and I have never missed any payments. Does the bankruptcy appear in my credit history at this point?
response from Ann Clarke (January 26/2005)

As a discharged bankrupts, are the trustee fees that has been paid tax deductible?
response from Ann Clarke (January 26/2005)

I was forced bythe government to leave my studies, now I have debts I cannot pay...and I cannot transfer my credits to continue my education...I am at a loss as to what the government expects me to do...I have not been able to pay my student loans for several months because I lost my job due to injury...I do not have enough experience to get start a career, and I cannot afford to start school again. Can I go afford to go bankrupt? I have heard that even if I do I still must repay my full student loans...is this correct?
response from Ann Clarke (January 25/2005)

My debts are very large the minimum payments cannot be made. If I pay a small monthly amount to each one consistently does this have any benefit to my situation besides trying to do what I can in good faith? Does it stop any sort of action in any way? For example if they sue me and I try to explain that I pay what I can and prove that this is all I can do, would they still get a judgement?
response from Ann Clarke (January 25/2005)

I am the director/shareholder of an incorporated business. The business has its own bank account for which I am the signing authority. Prior to filing personal bankruptcy can a creditor attach to this business account which is totally separate from personal and remove funds from the business account?
response from Ann Clarke (January 24/2005)

I owe a collection agency for my alberta health care. Would this be something that would be covered if I declared bankruptcy?
response from Ann Clarke (January 24/2005)

I have children aged 9 and 11. They have bank youth bank accounts in their names but I am on their accounts as joint. I have no bad credit with their bank and no bank credit card or loans with their bank. I am wondering if I do not claim bankruptcy can a creditor find out that I am joint on the kids accounts and take their money? It is only about 200.00 in each account but their grandpa sends them each a cheque for 50.00 a month which they deposit into their account before withdrawing it.Are these accounts safe from my creditors?
response from Ann Clarke (January 24/2005)

I have numerous creditors and one in particular is very nasty.(I guess they have the right to be)I paid them an amount quite large(4800.00) in march 2005 while payments were still up to date. I paid so much by cashing in my kids resp with the hope that I could bring the debt down to a better level(it has a high interest rate)The normal minimum would have been about 400.00. My question is if I file for bankruptcy and disclose that I paid this large amount to only one creditor and nothing to any other creditor, will they have to share that money back with the other creditors?No one has been paid now since July/05.
response from Ann Clarke (January 24/2005)

I have a debt on credit for 34,000. The creditor has made numerous offers which keep getting better and better but still out of reach for me to agree. The last one was for me to pay 500.00 and they would bring the rest of the debt down to 5000.00. If I had 5000.00 I would do this. I am curious though what protection I would have that this is what they agreed to do. Could they change it after if the 5000.00 was paid?
response from Ann Clarke (January 24/2005)

I have a home that is assessed at 255000.00(tax assessment) Is this the source used to determine value under bankruptcy? There is a 1st mortgage for 230000.00 and legal aid is placing a 2nd mortgage on the house to cover any legal costs in my custody battle. I also owe a family member quite a bit of money and they are wanting to place something on the house as well. If a creditor is aware of all the encumbrances on the title with such little equity, what would be their likely action?
response from Ann Clarke (January 24/2005)

If everything that a person has is exempt such as less than 40,000 equity, the vehicle amount, etc and not enough income to take from wages, is that person considered judgement proof? This is a term used to describe me but what does it really mean? If it is obvious to creditors that I have nothing why would they even bother with the expense of obtaining a judgement? Do they ever just leave it and walk away??
response from Ann Clarke (January 24/2005)

I have employment income of 1400.00 gross(1150 net)Widow and orphans benefit from CPP for 797.00 and now since recently divorced a child tax benefit of 642.00. I understand that a mother with 3 children is allowed to keep 800/month plus 200 for each child so that allows me 1400/month before anyone can do a wage garnishee. Is the widows/orphan benefit and Child tax credit exempt from garnishee? What happens if all this income is directly deposited into my bank?(which is a new bank account that no one would know about)Does it then become treated as cash and if they find my bank can they take it? How do they find my bank if they did? My employer says I must have my cheque directly deposited and I know I could change the govt cheques to be sent to me instead.
response from Ann Clarke (January 24/2005)

MBNA Canada Bank Mastercard has told me that they have every right to phone my mom at the business of which I am a director of and 100% shareholder. This is a very small business that has more debt than assets and it is Incorporated and has nothing to do with the personal mastercard that they call about. I have talked to them numerous times and explained that I am never at that store. I do not work there at all and ask them to not call my mom. They say they have every right to call anywhere they want because they are a bank not a collection agency. We have even phoned the police who did speak to MBNA but got nowhere. They are asking my mom all the time to pay them some money for me!!! Can they really do this?
response from Ann Clarke (January 24/2005)

Does a credit rating here, resulting from bankruptcy, follow you? I am starting a new job in the UK - will any credit check there show as R9?
response from Ann Clarke (January 24/2005)

My wife and myself are considering filing for bankruptcy. My question is, would we have to give up our house, there is a mortgage and 2nd mortgage, and our car? It is the interest rate on the 2nd mortgage and car that is hurting us. We both are listed with the credit bureau as poor risks. There is collections listed against my wife but we cannot clear those due to her being off work on long term disability and because her wage has been cut bills cannot be paid. I know that we are always going to be responsible for any government or utility bills, but we just cannot keep up. I guess a second question would be: Is there anything you could suggest to avoid bankruptcy?
response from Ann Clarke (January 24/2005)

Thank you for your prompt response to my question about whether my husband's creditors could make a claim on the house I live in. I have a couple more questions on the same issue: The house has been in my name for only 4 years -- will the trustees assess my husband's share based on the value of the house 4 years ago or on the current value? The debt has not been assessed for my husband yet. The circumstances are that he has been issued a statement of claim but the case has not yet been heard. If I sell my house before the case is heard and the case goes against him, will the creditors be able to claim on the proceeds of the house just as they would have done, if the house had not been sold.
response from Ann Clarke (January 20/2005)

My husband and I live apart, although we are not legally separated or divorced. The title of the house I live in is in my name only and has been for several years, although the mortgage is in both our names. It appears that my husband may have to declare bankruptcy due to debts he only has incurred. Will his creditors be able to make a claim on the house I live in?
response from Ann Clarke (January 20/2005)

Do I have to go through a Liscenced Party to file bankruptcy or can I file myself in Alberta?
response from Ann Clarke (January 20/2005)

When one declares bankruptcy, can the courts touch RESP money that has been saved for the children? What about RRSPs?
response from Ann Clarke (January 20/2005)

My son has about 30,000.00 owing 20,000.00 is for a car that he totalled off with no insurance the other is 10000 in credit cards and has no job my question is how can he claim personal bankrupcy and will that clear up these?
response from Ann Clarke (January 19/2005)

I am considering filing bankruptcy in February 2005. Part of my debt is a healthy student loan I have carried around for about 7 years now. I would like to know when in 2005 will the decision be made about changing the canadian personal bankruptcy law towards erasing student loan debt from 10 years to 5 years? Thank you.
response from Ann Clarke (January 18/2005)

How do I declare bankruptcy?
response from Ann Clarke (January 13/2005)

I recently got a loan from VFC [14 months] and I have a lein on my vehicle I was wondering if I could sell it and what the penalties are?
response from Ann Clarke (January 13/2005)

My Girlfriend and I are getting married this March and is in the process of claiming bankruptcy. One of her creditors is with the bank (unsecured loan) that we currently hold a joint account? I am not listed on the loan as a borrower or guarenteer. Will any any of my banking ie, deposits, be taken by the bank to repay the loan?
response from Ann Clarke (January 13/2005)

My Girlfriend and I are getting married this March and is in the process of claiming bankruptcy. One of her creditors is with the bank (unsecured loan) that we currently hold a joint account? I am not listed on the loan as a borrower or guarenteer. Will any any of my banking ie, deposits, be taken by the bank to repay the loan?
response from Ann Clarke (January 13/2005)

If the statute of limitations is 7 years, howcome equifax can keep a second bankruptcy on for 14 years?
response from Ann Clarke (January 12/2005)

We were bankrupt from Jan 2003 to Nov. 2003 in Alberta, the government is saying we owe 2000.00 for the 2003 tax season. I was under the impression that if any there was any outstanding balances on our taxes while in bankruptcy we would not have to pay it. Am I wrong?
response from Ann Clarke (January 11/2005)

I am considering filing for bankruptcy. I currently have a lien against my car. The amount owing on the vehicle is $8000.00. If I declare bankruptcy is there a chance that I will lose my vehicle all together?
response from Ann Clarke (January 11/2005)

My husband and I have been discharged from our bankrupty. When We went into bankrupty, our monthly income was 1300 per month. Now we both got great jobs, before the end of this year, we will be clearing 4000.00 per month. What I want to know, is how do we start to re-establish a credit. We would like buy a house. But we don't know what we can do.
response from Ann Clarke (January 10/2005)

My husband has cancer. He can no longer work. He has no disability insurance. He owes a lot of money to gov in tax as he had a great job. He can not pay the tax. He may live for several years or a few months ... not sure. If he claims bankruptcy will the gov take the tax money out of the house after death and before inheritance or will bankruptcy protect the house after death? Can any other creditors attach to the house?
response from Ann Clarke (January 10/2005)

How much does filing personal bankruptcy cost?
response from Ann Clarke (January 10/2005)

I own a home that I live in and use as a rental property. The home has been accessed at 260,000, and I owe 190,000 in morgage. That leave about 70,000 in equity. I've not had problems making mortgage payments and house expenses, because the revenue from the house meets the expenses. If I were to declare bankruptcy would I be forced to sell the home? Is there other ways to pay creditors the 30,000 of equity without selling? I run my business from my home and selling the home would severely hamper my ablility to earn a living.
response from Ann Clarke (January 10/2005)

I currently work in Alberta, have an Alberta driver's liscence and an Alberta residence etc, however my wife and children reside in Nova Scotia. I travel back and forth spending about 10 days per month in N.S. We are not legally separated. I am a consultant and am greatly in arears in income tax and see no way out except to declare bankruptcy. Is this going to affect my family in Nova Scotia, ie. are they going to take my childrens beds, computer and my wife's furniture etc. away? The value of the household contents are over $4,000. We do not own a home and my wife's car is in her name. I am the sole income provider.
response from Ann Clarke (January 6/2005)

I bought a house with a friend. The mortgage is about $160000 and the value of the home is about $225000. Unfortunately my friend is getting deeper and deeper into debt. He has more than $75000 home equity line of credit debt. The home equity line of credit came from a condo he owns with his mom and not with this house. Plus, he has several thousand dollars in unsecured debt. I find myself in a big jam, because he is unwilling to sell the house so we can pay back the mortgage to the bank and he is unable to pay for the mortgage anymore. He if declares bankruptcy, how does this affect the home that we jointly own? What happens to his secured home equity line of credit (condo)? How will it affect me if he declared bankruptcy? I need to find a way to get my name off this mortgage. Thanks.
response from Ann Clarke (January 6/2005)

I have a failing small business that I am in the middle of trying to liquidate. I am going to try to pay off my loan with what income I get from the sale of goods. After that I would like to declare bankruptcy, as I still will owe approx $60,000.00. Do I have to account for all the income from the sale?
response from Ann Clarke (January 4/2005)

I will be forced into retirement next year and have no pension or income other than Canada and Old Age. I have a few RRSPs and about $50,000 debt in credit cards, line of credit etc. I have given my home to my children this year and wonder if I declare bankruptcy what claim will the trustee have on it?
response from Ann Clarke (January 4/2005)

How long do you have to wait to be able to claim bankruptcy again?
response from Ann Clarke (January 4/2005)

What is the cost of claiming Personal Bankruptcy? Can it be paid in installments?
response from Ann Clarke (January 4/2005)

How many disbursements are allowed on the same debts. For instance, if a consumer payment has turned into a bankruptcy due to unemployment and that bankruptcy is released and then a creditor decides to chase the spouse and the spouse is forced into bankruptcy on the same debts already released, we're into three different payment plans and two bankruptcies on the same debts. Where does this end. After the first release the second? What portion of the debt gets sent to the creditor and when. For us this has been going on for over seven years and all the creditors say they haven't received a dime from the trustee. In fact the debts are long ago written off according to some creditors. What's going on here?
response from Ann Clarke (January 4/2005)

I read somewhere that Consumer proposals stay on your credit bureau report for three years, but first time bankruptcies are noted for seven years. Could you please tell me how long Division I Consumer proposals stay on the report? Thank you.
response from Ann Clarke (January 4/2005)

Looking for a similiar forum for Ontario. Do you know of a site? My question is about filing bankruptcy before enrolling into university full-time, and possibility of applying for a student loan. My contracting business failed and I'm 40 years old.
response from Ann Clarke (December 27/2004)

I am a Canadian living in the UK, I am disabled and have been advised that it is probably time I filed for bankrupcy in Canada. I am a permanent UK resident, Can I file bankrupcy from here?
response from Ann Clarke (December 21/2004)

Due to a sudden change in my income, I've been slightly behind on my car payments. The car was repossessed without notice; my oversight was that I assumed they would give a warning before resorting to repossession. My question is, what are my current options and obligations? (the repo agency hasn't returned my phone calls yet, and I would like to understand my rights before I negotiate with them) I'm assuming my basic options are to either get the car back under some settlement, or just let them have the car: Under Alberta/Canadian Law, can I just let them have the car, and be off the hook for any more payments... or will I be obligated to pay the original minus resale price? Are they obligated to allow me a fair settlement (give me back the car in exchange for standard repo fees + missed payments), or can they just say, "Nope, you missed a payment, so you have to pay back all $20,000 right now, or we're confiscating the car". Thank you in advance for any answers; I of course understand that you can only comment on obligations under law, and not on the terms of my specific financing contract.
response from Ann Clarke (December 20/2004)

Thanks for answering my previous question. I was just thinking, if we get married while my bankruptcy is in process, what about wedding gifts we receive? I am imagining that we would have to hand over any cash that we received as gifts, and provide a list of any other gifts we received? I don't think our gift-givers would appreciate their gifts being given to my creditors!
response from Ann Clarke (December 20/2004)

My husband and I currently have about 99,000 in debts. 50,000 of the cebt is the result of a failed business venture from 2004, but only about 11,000 is under the business name, the rest is from our personal line of credit. Our business debt is to visa, our personal debts to visa, and two credit lines. We own our home with less than 25,000 equity and a recreational property valued at approx. 20,000. we lease a vehicle through the business and own a second car valued at approx 4000.00. My husband is paid as a consultant through his business at 60,000 per year and our debt payments per month are about 1800.00 We are floating payments to cover our basic expenses which run aboiut 3800.00 per month. It is difficult to see what other option there is than to claim bankruptcy. We are meeting all payment requirements and are not in arrears at this time. From your experience what would you suggest? Would we claim joint bankruptcy and would we also bankrupt the business? Would we be able to keep the vehicle? The rec property? The house? Do we have to qualify for bankruptcy and if so, do we? Is there a fee for the trustee and if so how is it determined? I realize this is more than one question, and perhaps we will need to discuss this further. I greatly appreciate your assistance.
response from Ann Clarke (December 20/2004)

I have a small business, a sole proprietorship. I have had many business reverses and must now file for bankruptcy. My debts involve 2 lines of credit with the bank and the Post office. I am also in the midst of getting married! I am told since my fiance did not co-sign on these loans, he cannot be held liable for them? So it is safe for us to go ahead and get married? Also, I understand that his income will be taken into account once I file. How much income are we allowed before we have to give the rest to the trustee? I am just wondering if it is worthwhile for me to continue with my failing business, if all proceeds have to be given to the Trustee, because my fiance's income puts us over the line? There doesn't seem to be much point then. If I close my business, will they not allow my "tools of the trade" and take my office equipment and inventory, etc? I would like to be able to do something else in the future to continue to draw an income. Will we be allowed to use his income for our wedding expenses, or will they consider this an unallowable expense? (Total wedding costs will only be about $4,000 - paid over time - our wedding is planned for May/05) Sorry so many questions! But one more. Six months ago, I had to accept I could no longer pay my mortgage. Our mortgage broker suggested giving the house to my fiance as a transfer of "Love and Affection". Now only his name is on the title. My fiance then renegotiated the mortgage using his credit rating, for a much bettter rate. Is this going to look like I am hiding assets once I file? I was simply trying not to lose my house ...
response from Ann Clarke (December 17/2004)