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What Happens When You Declare Bankruptcy In Canada? (Debts That Stay)

What happens when you declare bankruptcy in Canada?
Do you get out of all debts if you declare bankruptcy?
What happens to your debts when you go bankrupt in Canada?
Does declaring bankruptcy clear all debts?
How bankruptcies work in canada?

These are common questions and complex topics. The answers depend on the type of debt, and in some cases on your payment status. There are actually some debts that stay (are not discharged), even if you file for bankruptcy.

Bankruptcy basics

The concept behind a personal bankruptcy in Canada is relatively simple. When you file for bankruptcy, you surrender assets in return for the discharge of your debts. Just as there are some bankruptcy exemptions which mean that you don’t lose all your assets, there are also some exceptions to the discharge of all your debts. Both are affected when debts are secured by assets, as in a mortgage.

Does declaring bankruptcy clear all debts? Not always. For example, secured creditors have special treatment. Secured creditors are creditors who have a right on a specific asset. For example, if you financed the purchase of your vehicle, it is more than likely that the finance company is secured on your car. Another example is bank or finance company who has a mortgage on your home.

These creditors are treated differently in a bankruptcy scenario. For more information on how these creditors are treated in a bankruptcy, contact a Licensed Insolvency Trustee, who will gladly explain how these specific creditors are dealt with in a bankruptcy and whether or not you can continue the payments to the secured creditors.

Unsecured debts

Although bankruptcy does not clear all debts, here are some examples of unsecured debts that go away:

  • Credit card balances
  • Lines of credit (if unsecured)
  • Personal loans (if unsecured)
  • Arrears of income taxes and municipal house taxes
  • Unpaid utility bills
  • Retail store accounts
  • Insurance premiums past due
  • Medical bills
  • Payday loans

Bankruptcy will discharge most your unsecured debts, but the law makes exceptions for these unsecured debts that stay:

  • Student loans and apprentice loans less than 7 years old
  • Child and spousal support
  • Fines and most court-ordered restitution payments
  • Court-awarded damages for sexual assault or intentionally inflicting bodily harm
  • Debts that arose as a result of fraud, embezzlement or misappropriation
  • Certain government overpayments; overpayments are a complicated area, so if you have received overpayments from the government, you should discuss this with your Licensed Insolvency Trustee.

Secured debts

Depending on your unique situation, some secured debts may stay. One of these may be your house mortgage, especially if you are mortgaged for the majority of your house’s value. Other debts secured by collateral may also possibly stay. For more information about secured debts in a consumer bankruptcy, see our webpage Secured Debts in a Bankruptcy in Canada.

A Licensed Insolvency Trustee can advise you

Does bankruptcy clear all debts? Not in all cases, but it does provide a new starting point and relief for most unsecured debts. Bankruptcy can be a complicated topic, but help is available. For more information on whether bankruptcy is a good solution for your situation, contact a Licensed Insolvency Trustee for a no-charge consultation.

It doesn’t matter if you live in Toronto, Ottawa, Quebec, or anywhere else. We have licensed trustees that can help you!