bankruptcy rules

The bankruptcy rate in Canada dropped in 2010, according to statistics recently released by the Office of the Superintendent of Bankruptcy. That’s good news, right? Yes and no.

First, let’s review the numbers. In 2010 a total of 135,008 Canadians filed a consumer proposal or personal bankruptcy. That’s an 11% drop from the 151,712 who filed in 2009. That’s a drop of 16,704 people, and yes, that’s good news. Fewer Canadians declared themselves insolvent in 2010. Now let’s take a look behind the numbers.

Personal Bankruptcy Rate Falls, By Consumer Proposals Increase Dramatically

Personal bankruptcies dropped from 116,381 to 92,694, a drop of over 20%. But consumer proposal filings increased by almost 20%, increasing from 35,331 to 42,314.

So why did personal bankruptcy filings drop, while consumer proposal filings increased? Two reasons:

First, the economy in Canada was somewhat better in 2010 than it was in early 2009, as we were still in “recovery mode” after the credit crisis and stock market correction in late 2008. A better economy generally means lower unemployment, higher consumer spending, and generally fewer personal bankruptcies. So it’s not surprising that the total number of insolvencies (bankruptcies and proposals) dropped, and that the number of personal bankruptcies also decreased significantly.

It’s also not surprising that, in a good economy, Canadians in debt are more likely to choose a proposal over bankruptcy if they can’t pay their bills. In a proposal you make a payment each month, and that money is distributed to your creditors. If you don’t have a job or a source of income, a proposal probably isn’t possible. If you are working and do have an income (just not enough to pay your bills in full), then a consumer proposal is a great solution. Clearly there is a greater chance of Canadians having jobs during good economic periods, so during recessions proposal filings are likely to drop, while in good times they may proportionately increase.

Second, the government changed the bankruptcy rules in 2009, making bankruptcy more expensive for Canadians with surplus income. As a result, in 2010 more Canadians chose to file a consumer proposal as a way to avoid bankruptcy.

So yes, it’s good news that bankruptcy numbers are down, but you have to take the numbers with “a grain of salt”, since part of the decrease in bankruptcy filings was due to a change in the rules.

Also, let’s not forget that debt in Canada remains a ticking time bomb, and massive credit card debt continues to lead to bankruptcy in Canada. Year to year bankruptcy numbers may rise and fall, but over the long term, as long as our debt remains high, Canadian will continue to file bankruptcy.

If you are interested in 2010 bankruptcy statistics for other areas of Canada, here’s list of other articles on bankruptcy statistics

If you are experiencing financial problems and think bankruptcy might be the answer, use our free debt options calculator to review your options, and then contact a licensed bankruptcy trustee today for a free initial consultation, and be sure to ask about a consumer proposal, the number one alternative to bankruptcy.

Posted on Monday, March 28th, 2011
Filed under: bankruptcy Canada
posted by Doug Hoyes @ 7:44 am No Comments
Doug Hoyes, Bankruptcy Trustee

Doug Hoyes, Bankruptcy Trustee

A s the year draws to a close, it’s easy to see that 2009 was the most eventful year in bankruptcy in Canada in at least the last decade. There were two stories that captured our attention:

First was the massive increase in the rate of personal bankruptcy in Canada in 2009. It was only a few short years ago that Canada had it’s first year of more than 100,000 personal insolvencies, but when the final numbers are tallied for 2009 the number will be well over 150,000, by far the highest volume level in Canadian history.

Why the massive increase? Canadians are carrying more debt than ever, so they have no margin for error when times get tough. The unemployment rate in Canada increased in 2009, so as job losses mount, personal bankruptcy becomes the only solution for many. The other reason for the increase was the second major story of 2009:

On September 18, 2009 new bankruptcy rules came into force in Canada, and the new surplus income rules increased the cost of bankruptcy for many. Under the old rules most first time bankruptcies ended in nine months. Under the new rules, if you have average surplus income of more than $200 per month, your bankruptcy will automatically be extended for one year, and you will be required to make surplus income payments for that extra year. It’s therefore no surprise that many Canadians in financial trouble rushed to file bankruptcy prior to September 18, so that their bankruptcy would be administered under the old rules.

Some of the new rules were helpful to people in financial trouble, such as the increase on the debt limit for filing a consumer proposal. However, overall the new bankruptcy rules hurt some of the people they were designed to help.

What’s ahead for 2010? Unless the economy stages a remarkable recovery, it’s likely that bankruptcy levels in Canada will remain high. If you are experiencing financial trouble, consult a licensed bankruptcy trustee, and check back here every Monday morning in 2010 for the latest news and comments on bankruptcy in Canada from leading experts in the field.

Posted on Monday, December 28th, 2009
posted by Doug Hoyes @ 3:36 am No Comments