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Forced Bankruptcy vs. voluntary bankruptcy

i was wondring what’s the difference between a forced bankruptcy and a voluntary one.

i was under the impression that the only way to go banruptcy is to declare yourself.
now in case of a forced bankruptcy who is going to pay the costs of the bankruptcy, the creditor or the debtor?
i have been living out of canada for the past two years and was wondering how can i know if there was a judgment aginst me already?


One Response to “Forced Bankruptcy vs. voluntary bankruptcy”

A licensed trustee said...

In a voluntary assignment in bankruptcy (which most bankruptcies for individuals are) a person places themself into bankruptcy.

When someone is petitioned (forced) into bankruptcy the matter is placed before a Court and the Court Orders (places) the person into bankruptcy.

Generally, if someone petitions a person into bankruptcy then they will provide the lawyer and trustee involved with a guarantee for their fees.

In a voluntary assignment the individual agrees to basic payments that will cover the fees.

It is unusual for individuals to be petitioned into bankruptcy – usually creditors prefer to pursue other methods of collecting their debts.

In regards to your question about judgements, I suggest you contact the Court nearest where you used to live and ask them if there are any Writs against you. You can also run a credit bureau report which should provide the same information.