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Hi There,
It was suggested to us by a trustee that we move first to another province(in the works for a while) and then claim bankruptcy once we are there. my question is once we file are we claiming bankruptcy in the new province(NL) and going by their bankruptcy laws or are we claiming bankruptcy in the old province(On) and going by those laws?

One Response to “moving”

A licensed trustee said...

Bankruptcy laws are federal – that means they are the same across the country (well, they are a little different in Quebec due to the Civil Code). There are some variations in provincial exemptions that apply, but the basic process and rules will be the same.

I suspect the trustee you spoke to made that suggestion because you will have to attend at whatever trustee’s office you use two or three times during your bankruptcy. In addition, if something goes wrong you may have to make an appearance in Court.

If you file where you live now then you may have to travel back to see that trustee or to appear in Court. If you file after you move the travel and Court will be local. The trustee was simply trying to make the process easier for you.