what is considered `wages or income`

September 27th, 2008 by Questions

I have a canada pension disability pension and disability income from an insurance carrier. I have not been able to work since 1995 and my pension has been in place since then. I am 60 years old and these incomes have remained at the same amount since 1995. I have used credit cards in order to keep afloat and now have a great deal of credit card debt. I also recently lost my mother for whom I was the primary caregiver. She had only her Old Age security as income and I was responsible for her burial and she lived with me so I supported her as well on my income.

Do Long Term Disability Insurance payments and Canada Pension Disability Pension count as income for calculating surplus income? Does this income count if creditors decide to garnishee my income?

I need to know what my options are because with the cost of bankruptcy I am not even sure if I can afford to declare bankruptcy. I am relieved at least if I have interrpreted correctly that I can not be sent to jail. I have a multitude of health problems that jail would certainly exacerbate.
thank you

Posted from: Ontario


One Response to “what is considered `wages or income`”

, A licensed trustee said:

I am sorry to hear of your condition, but your monthly income for bankruptcy purposes includes any/all income from every source. That means your pensions and insuranc benefits will definitely be included by your trustee.

If you decide to contact a trustee make sure you ask them your “garnishee” question – I think you’ll find that your pension income cannot be garnisheed (regardless of whether you decide to file for bankruptcy or not) and that may impact your decision on what you’re going to do.

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