How many times is a person allowed personal bankruptcy? To what date preceding the bankruptcy can one obtain credit? e.g. (Charge $200 at a grocerier May 19, and then file on May 20.) Can a person legally go bankrupt knowing the spouse will be receiving monies within two months of filing, adaquetly covering the amount the person filed? The debts were equally incurred but only under the name of the bankrupt?

A person is able to file for bankruptcy more than once. It becomes more difficult, however, to obtain a discharge from a second or third bankruptcy.

If someone knows they are in financial difficulty and are intending to file for bankruptcy, they should stop using their credit. A Trustee's obligation is to review the bankrupt's conduct in the three month to one year period prior to the filing. If there has been an abuse of the process, the bankrupt can be required to repay to the estate the amount of the debt incurred during that period prior to filing.

Regarding your final question, I would suggest you discuss this with a Trustee or an insolvency lawyer.

Ann Clarke
phone: (403) 296-2972
aclarke@moneyhelp.ca