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	<title>Comments on: home and bankruptcy</title>
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	<link>http://www.bankruptcy-canada.ca/what-i-keep-or-lose-in-bankruptcy-in-canada/2009/03/home-and-bankruptcy.html</link>
	<description>Personal Bankruptcy Canada Blog</description>
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		<title>By: Barton Goth - Goth &#38; Company Inc. -Trustee in Bankruptcy</title>
		<link>http://www.bankruptcy-canada.ca/what-i-keep-or-lose-in-bankruptcy-in-canada/2009/03/home-and-bankruptcy.html#comment-93788</link>
		<dc:creator>Barton Goth - Goth &#38; Company Inc. -Trustee in Bankruptcy</dc:creator>
		<pubDate>Tue, 31 Mar 2009 14:05:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.bankruptcy-canada.ca/what-i-keep-or-lose-in-bankruptcy-in-canada/2009/03/home-and-bankruptcy.html#comment-93788</guid>
		<description>There is a set amount of equity permitted in a principle residence that fluctuates depending on where in BC you live (Greater Vancouver and Victoria = $ 12,000, the rest of the province   = $ 9,000).

If there is more equity than the allowable exemptions then if your mother files bankruptcy her half of the equity would have to be distributed to the creditors.  As a result a bankruptcy is likely not the answer given that the house is owned free and clear.  

As for transferring her name off the property, this is not a good idea. You are not permitted to transfer property in an attempt to organize your finances to the detriment of your creditors and the Bankruptcy &amp; Insolvency Act is designed to prevent this from taking place..  This transfer would ultimately be reversed if a bankruptcy was filed, the funds would be distributed to the creditors anyway, and then your mother would have committed an offense under the Bankruptcy &amp; Insolvency Act, and likely not be eligible for discharge.</description>
		<content:encoded><![CDATA[<p>There is a set amount of equity permitted in a principle residence that fluctuates depending on where in BC you live (Greater Vancouver and Victoria = $ 12,000, the rest of the province   = $ 9,000).</p>
<p>If there is more equity than the allowable exemptions then if your mother files bankruptcy her half of the equity would have to be distributed to the creditors.  As a result a bankruptcy is likely not the answer given that the house is owned free and clear.  </p>
<p>As for transferring her name off the property, this is not a good idea. You are not permitted to transfer property in an attempt to organize your finances to the detriment of your creditors and the Bankruptcy &#038; Insolvency Act is designed to prevent this from taking place..  This transfer would ultimately be reversed if a bankruptcy was filed, the funds would be distributed to the creditors anyway, and then your mother would have committed an offense under the Bankruptcy &#038; Insolvency Act, and likely not be eligible for discharge.</p>
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