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If you have unsecured debt of under $10,000 and live in the Province of Ontario filing bankruptcy may not be the best option for you. We suggest you contact the Office of the Superintendent of Bankruptcy at 416-973-6441 to discuss your options, or you can visit their website here.

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what happens to support payments to a spouse

what happens when you are getting support payments from a spouse who has filed bankruptcy in Canada

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One Response to “what happens to support payments to a spouse”

Barton Goth, GCO Inc. Bankruptcy Trustees said...

You do not need to worry as these types of payments are protected. In Canada, any amount owing for support or maintenance payments are technically they are a debt that must be listed on bankruptcy documents, but are a debt that is not cleared by the filing of a consumer proposal or a bankruptcy. Further, the Bankruptcy & Insolvency Act gives any maintenance or support payments that were due in the last year a preferred status, meaning that if there are any funds to go to creditors the maintenance claims for this â€œpreferredâ€ period will be paid first. However, to be eligible for any potential â€œpreferredâ€ claim you will need to file the proper proof of claim with the trustee (you should have been given a creditor package and if you are unsure how to fill things out simply give the trustee who is listed a call and they will be able to walk you through this.