Treaty Indians and Bankruptcy

July 25th, 2013 by Questions

If I am bankrupt and I am a Treaty indian and working on treaty land how does that work ?

Posted from: Manitoba


One Response to “Treaty Indians and Bankruptcy”

, A licensed trustee said:

As a Treaty Indian you are entitled to certain protections/benefits under the Indian Act. If you haven’t already filed make sure you disclose your aboriginal status to whichever trustee you plan to use BEFORE you file. If you have already filed then contact your trustee immediately for a detailed explanation of how your status may impact your bankruptcy.

The short answer is that if you own any assets that are located on tribal lands then your trustee (or any creditor) has no right to seize them. Of course, bankruptcy law may require you to move the assets off tribal land so they may be seized and sold… Similarly, your obligation for income tax are different if you are living on a reserve, but they may simply increase your take-home pay which may result in (higher) surplus income payments during bankruptcy.

I honestly hope you haven’t filed yet and you can discuss all of this with a trustee BEFORE you do.

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