How to Stop CRA Garnishment After Receiving an RTP Demand Payment Letter

Ever felt the stress of unexpected financial setbacks? How to stop CRA garnishment is a question many Canadians face when dealing with debt issues and a RTP (Requirement To Pay) from the Government of Canada. Understanding the steps to halt this process can alleviate a significant amount of stress and help you regain control over […]

How Many Times Can You Do A Consumer Proposal

Ever felt like you’re stuck in a financial maze with no exit in sight? Debt can weigh you down, making every day feel like an uphill battle. But what if there’s a way to reset and start fresh? How many times can you do a consumer proposal? The straightforward answer is that you can file […]

Who Can Put a Lien on Your House in Canada?

Liens can significantly impact property ownership in Canada, often catching homeowners off guard. Understanding liens—what they are, the types that exist, and who can place them on your property—is crucial for any homeowner. This article unpacks the complexities of liens, explores potential lien holders, and discusses the consequences they can have on property sales. It […]

FILL OUT THE FORM BELOW AND RECEIVE A NO-OBLIGATION CONSULTATION

"*" indicates required fields

Name*

Phone Number*

Email*

This field is hidden when viewing the form

What's the best time to contact you?*

Location*

What city do you live in?*

This field is hidden when viewing the form

Source

How can we help you?

Agreement*

I understand that Bankruptcy-Canada.ca does not provide debt relief services directly and agree to securely share this information with a local Licensed Insolvency Trustee (LIT) for a free, confidential consultation.

Comments

This field is for validation purposes and should be left unchanged.

Select Trustee By Province

Creditor access to personal information during bankruptcy

What personal information can be demanded of a bankrupt by a creditor?

For example:
1. Can a creditor demand details of my past insurance claims?
2. Can a creditor demand to see the past years tax returns of spouse?
3. Can a creditor demand to see my medical information?
4. Can a creditor demand to see my spouses bank statements?

Share this post:

X (Twitter) Facebook LinkedIn Email

One Response to “Creditor access to personal information during bankruptcy”

A licensed trustee said...

A creditor may ask for any of those things and more – really what you want to know is whether or not you have to provide the information.

The only item on your list which you can likely refuse is detailed medical information. Certainly they have a right to know that you’ve had medical issues and the extent that those issues have impacted on your finances. Beyond that I suppose it is a question of degrees.

There are a couple of different ways that this information may be requested.

1) At a meeting of creditors – these aren’t often held anymore, but if you have a meeting of creditors then these types of questions might be asked in person or by letter of you at the meeting

2) By informal request – the creditor might send a letter to your trustee and ask you to provide this information (this is the method that e suggest creditors ask these kinds of questions).

3) By examination – your creditors have the right to have you examined under oath to obtain this information. This approach is only used if the creditor is considering legal action within the bankruptcy – it is a sign that things are going in the wrong direction.

4) In Court – a creditor may “oppose” your discharge and ask you to produce this information at the hearing to determine whether or not your bankruptcy should be completed.

If you have already filed bankruptcy you should be having this conversation with your trustee (or a lawyer). If you haven’t filed then I suggest you raise these concerns with your trustee before you file – as I have said many times on this site, surprises are bad, the more information you exchange before your file the better off you will be.