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Bankruptcy Canada

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    What Can I Keep in Bankruptcy? - Canada

Assets you can keep in bankruptcy, by Canadian province:

Alberta  |  British Columbia  |  Saskatchewan  |  Manitoba  |  Ontario

Quebec  |  New Brunswick  |  Newfoundland  |  Nova Scotia

See also what the Canadian Bankruptcy Federal Legislation allows you to keep,
including Directive 11-R
.


Alberta

In Alberta, what you are entitled to keep is determined by the Civil Enforcement Act.  In summary, you are generally able to keep the following property:

arrow.gif Food required by you and your dependents during the next 12 months.
arrow.gif Necessary clothing up to a value of $4, 000
arrow.gif Household furnishings and appliances to a value of
$4, 000
arrow.gif One motor vehicle not exceeding a value of $5, 000 (equity)
arrow.gif Medical and dental aids required by you and your dependents.
arrow.gif The equity in your principal residence, including a mobile home, up to a value of $40,000. If you are a co-owner of the residence, the amount of the exemption is reduced to an amount that is proportionate to your ownership interest.
arrow.gif Personal property (i.e., tools, equipment, books) that you require to earn income from your occupation up to a value of $10,000.
arrow.gif Where you are a bona fide farmer and your principal source of livelihood is farming:
  • 160 acres if your principal residence is located on that 160 acres and the 160 acres is part of your farm.
arrow.gif Where your primary income is from farming operations, personal property that you require for the proper and efficient conduct of your farming operations for the next 12 months.

British Columbia

arrow.gif Equity in a home in Greater Vancouver and Victoria up to a value of $12,000.
In the rest of the province up to a value of $9,000
arrow.gif Equity in household items up to a value of $4,000
arrow.gif Equity in a vehicle up to a value of $5,000; The vehicle exemption drops to $2,000 if the debtor is behind on child care payments (to facilitate the enforcement of Maintenance Orders)
arrow.gif Equity in work tools up to a value of $ 10,000
arrow.gif Equity in essential clothing and medical aids is unlimited

Saskatchewan


For Non-Farmers:
arrow.gif Household furniture and personal effects to a value of $4,500 per person
arrow.gif Tools of the trade to a value of $4,500
arrow.gif A motor vehicle, if required for employment
arrow.gif $32,000 equity in your home ($64,000 if jointly owned)
arrow.gif Certain life insurance policies
arrow.gif Certain pensions

For Farmers:
arrow.gif Furniture, furnishings and appliances to a value of $10,000
arrow.gif The cash equivalent of produce sufficient to provide food and fuel for heating until the next harvest
arrow.gif All livestock, farm machinery and equipment, including one car or truck, necessary for the next twelve months operations
arrow.gif One motor vehicle, if required for business or profession, but not in addition to the one above
arrow.gif Tools and equipment to a value of $4,500 used by a farmer in his trade or profession
arrow.gif Equity in personal residence to a value of $32,000 ($64,000 if jointly owned)
arrow.gif Seed grain equal to two bushels per acre of land under cultivation
arrow.gif Cash equivalent of crop equal to:
  • unpaid harvesting costs
  • living expenses to next harvest
  • necessary costs of farming until next harvest
arrow.gif The homestead
arrow.gif Certain life insurance policies
arrow.gif Certain pensions

Manitoba

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arrow.gif Furniture, household furnishings and appliances not exceeding total value of $4,500
arrow.gif Necessary and ordinary clothing of the debtor and family
arrow.gif Food and fuel necessary to family for period of six months or cash equivalent
arrow.gif If debtor is a farmer:
  • animals necessary for farming operation for 12 months
  • farm machinery, dairy utensils and farm equipment necessary for ensuing 12 months
  • one motor vehicle if required for purposes of agricultural operations
  • Home quarter
arrow.gif Tools, implements, professional books and other necessaries not exceeding a total value of $7,500 used in practice of trade, occupation or profession
arrow.gif One motor vehicle, if necessary for work or transportation to and from work, not exceeding $3,000 in value
arrow.gif Articles and furniture necessary to performance of religious services
arrow.gif Seed sufficient to seed all land of debtor under cultivation
arrow.gif Health aids, including wheelchair, air conditioner, elevator, hearing aid, eye glasses, prosthetic or orthopaedic equipment, necessary to debtor or family
arrow.gif Chattel property of municipalities and schools
arrow.gif Actual residence of the bankrupt, equity of $1,500 each if in joint tenancy, or $2,500 if not in joint tenancy

Ontario

arrow.gif Clothing up to a value of $ 5,000.00
arrow.gif Household Goods up to a value of $10,000.00
arrow.gif Tools of the Trade up to a value of $10,000.00
arrow.gif Farmers up to a value of $25,000.00
arrow.gif Motor Vehicle up to a value of $ 5,000.00

Quebec

arrow.gif The movable property which furnishes his main residence, used by and necessary for the life of the household, up to a market value of $6,000 established by the seizing officer
arrow.gif The food, fuel, linens and clothing necessary for the life of the household
arrow.gif The instruments of work needed for the personal exercise of his professional activity
arrow.gif Family papers and portraits, medals and other decorations
arrow.gif Property declared by a donor or a testament to be exempt from seizure except in certain cases
arrow.gif Judicially awarded support and sums given or bequeathed as support
arrow.gif Benefits payable under a supplemental pension plan to which an employer contributes on behalf of his employees, other amounts declared unseizable by an Act governing such plans and contributions paid or to be paid into such plans
arrow.gif Periodic disability benefits and expense reimbursements under a contract of accident and sickness insurance
arrow.gif Property of a person that he requires to compensate for a handicap
arrow.gif A certain portion of salaries and wages based on the number of dependants
* Nevertheless, the property referred to in first and third items above may be seized and sold by a creditor holding a hypothec thereon.

New Brunswick

arrow.gif Furniture, household furnishings and appliances used by the debtor or a dependent to a realizable value of $5,000 or to any greater amount that may be prescribed
arrow.gif Food, clothing and fuel necessary for the debtor and his family
arrow.gif Two horses and sets of harness, two cows, ten sheep, two hogs and twenty fowl, and food therefor for six months
arrow.gif Necessary tools, equipment and books to the value of $6,500 used in the practice of the debtor's trade or profession
arrow.gif Necessary seed grain and potatoes required for planting purposes to the following quantities: forty bushels of oats, ten bushels of barley, ten bushels of buckwheat, ten bushels of wheat and thirty-five barrels of potatoes
arrow.gif One motor vehicle having a realizable value of not more than six thousand five hundred dollars at the time the claim for exemption is made, or not more that any greater amount that may be prescribed, if the motor vehicle is required by the debtor in the course of or to retain employment or in the course of and necessary to the debtor's trade, profession or occupation or for transportation to a place of employment where public transportation facilities are not reasonably available
arrow.gif Necessary medical and health aids
arrow.gif Pets belonging to the debtor
arrow.gif Pension plans

Newfoundland

arrow.gif Food required by debtor and dependants during the next 12 months
arrow.gif Medical and dental aids required by debtor and dependants
arrow.gif Domesticated animals which are kept as pets and not used for business purpose
arrow.gif Fuel or heating as a necessity for the debtor and his or her dependants
arrow.gif Clothing of the debtor and his or her dependants, of a value totalling $4,000
arrow.gif Appliances and household furnishings (which are defined as washing machine, clothes dryer, "reasonably necessary" bedroom suites and bedding, oven and stove top burners, "necessary" dishes and kitchen utensils, and "necessary" strollers, cribs and highchairs), of a value totalling $4,000
arrow.gif Motor vehicle of the debtor, value totalling $2,000
arrow.gif Items of a sentimental value to the debtor, a value totalling $500
arrow.gif The debtor's equity in his or her principal residence, $10,000
arrow.gif Personal property used by and necessary for debtor to earn income from occupation, trade, business or calling, $10,000

Nova Scotia

arrow.gif Necessary wearing apparel, household furnishings and furniture
arrow.gif Necessary fuel and food
arrow.gif Necessary grain, seeds, cattle, hogs, fowl, sheep and other livestock
arrow.gif Necessary medical and health aids
arrow.gif Farm equipment, fishing nets, tools and implements used in debtor's chief occupation, not exceeding $1,000
arrow.gif Motor vehicle not exceeding $3,000


Other Legislation

Other Legislation also allows you to keep:

arrow.gif cash surrender value of life insurance policies (including some R.R.S.P.'s) where the beneficiary named is the spouse, child, parent or grandchild.
arrow.gif generally, pension plans.
arrow.gif For further details on what you can keep, see Directive 11-R (from the Superintendent of Bankruptcy)

The Meaning of Directive 11-R

When a person files an Assignment in Bankruptcy, a portion of their take-home pay may be payable to the Trustee for the benefit of all creditors. The actual amount payable depends on several factors, such as the take-home pay of the family unit, the number of people in the family and whether the family has non-discretionary expenses such as child care or child support. Any questions you have with respect to surplus income can be addressed with the Trustee at the first assessment.


bankruptcy Canada

Our qualified Alberta trustess are familiar with all aspects of Canadian bankruptcy law. We currently have offices in Calgary, Red Deer, and Edmonton, Alberta, Canada.



 

 
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