What is bankruptcy

Bankruptcy is a legal process that helps relieve Canadians of their outstanding unsecured debts (i.e., credit cards, tax debt, payday loans). It’s regulated by the Office of the Superintendent of Bankruptcy (OSB) and administered by a Licensed Insolvency Trustee (LIT)—formally Bankruptcy Trustees.

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Woman sitting in a chair with her head in her hands, experiencing financial stress over collection calls, past due bills, and high debt.

Should I file for bankruptcy?

Bankruptcy may be the right solution if you:

  • Are unable to meet your financial obligations
  • Are facing wage garnishments or legal action from creditors
  • Have explored other debt relief options without success
The first step is speaking with a debt solutions professional during a free, no-obligation consultation. We’ll review your unique financial situation and explore all available debt relief options—not just bankruptcy.

Is personal bankruptcy right for me?

While bankruptcy grants you immediate protection from creditors, it may affect your assets and credit rating, and you’ll still be required to pay some debt.

Advantages

  • All interest payments, wage garnishment, and collection activity stops
  • Some assets, such as your home and car, may be protected depending on your province
  • Most unsecured debt is cleared
  • In some cases, your student loan debt can be included

Considerations

  • Your non-exempt assets will be given to the trustee as payment to creditors
  • Your credit cards will be cancelled
  • Your credit rating will be affected for six or seven years, depending on your province
  • You'll be required to pay child or spousal support, court-imposed fines, and, in some cases, student loans.
  • You'll be required to submit monthly financial statements and make monthly payments to your trustee.

How do bankruptcies work in Canada?

Only a Licensed Insolvency Trustee (LIT) can administer bankruptcies, which are regulated by the “Bankruptcy and Insolvency Act” of Canada. If your LIT determines that bankruptcy is the appropriate solution for your financial situation, you will work together to complete your application.

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Before you begin

During the bankruptcy process, you’ll work closely with our team of debt solutions professionals.

After discussing other debt management options, choosing bankruptcy should be considered a last resort. Our debt repayment calculator can also help you better understand the solutions available—like a consumer proposal.

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Step 1

Meet with a debt solutions professional

During your no-obligation consultation, we’ll review your financial situation and suggest the best debt repayment option for you. If that’s bankruptcy, we’ll review your assets, income, and expenses to estimate your payment amount. The first appointment is always free, confidential, and judgment-free.

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Step 2

We’ll prepare your bankruptcy documents

After the consultation—if you decide to move forward with bankruptcy—you'll work with our team to prepare the necessary payments. You may be required to provide additional documentation—especially if your bankruptcy includes assets.

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Step 3

Review and file your documents with your LIT

Once all documents are gathered and verified, your trustee will walk you through the bankruptcy process to ensure you understand your responsibilities. After you’ve signed the paperwork and your trustee submits your documents to the OSB, you’re officially declared bankrupt. Once filed, all collection actions—including wage garnishments—by creditors must stop.

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Step 4

Complete your bankruptcy duties

During your bankruptcy you must complete certain duties, such as making monthly payments, reporting your income and expenses, and attending two mandatory financial counselling sessions. Our team is also required to file your income taxes on your behalf during the year of your bankruptcy.

Our team will explain these duties and obligations to you during your initial consultation and your filing.

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Step 5

Receive your bankruptcy discharge

The bankruptcy process typically lasts for nine to 21 months, depending on your income and whether you’ve filed for bankruptcy before. Once all your obligations are fulfilled, you’ll be discharged from bankruptcy.

After your discharge, it’s time to focus on rebuilding your financial health. This includes establishing good financial habits, improving your credit, and working toward a more secure financial future.

Important to keep in mind

Throughout the bankruptcy process, you’ll need to work closely with our team. You may need to provide additional documentation, attend meetings, and cooperate with any asset sales or distributions.

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Consumer proposal: an alternative to bankruptcy

Get your finances back on track without going bankrupt. A consumer proposal gives creditors a reasonable repayment—and gives you a financial fresh start.

  • The amount you pay is determined by what you can afford.
  • The amount of debt you repay could be reduced by up to 80%.
  • In most cases, you will keep all your assets, including your car, home, and RRSPs.
  • There is a lesser impact on your credit rating compared to bankruptcy.

Take the first step to debt freedom

Speak to one of our debt solutions professionals during a free, no-obligation consultation.

You can count on us!

LITs are the only federally regulated debt professionals qualified to offer solutions such as bankruptcies and consumer proposals. When you choose a LIT, you can be assured that you’re dealing with someone who‘s proven they have the knowledge, experience, and skills to help you make an informed decision about your finances.

  • 50+ Years of experience
  • 70+ Locations
  • 100k+ Canadians helped
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