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Self Employed Bankruptcy and Surplus Income

My husband and I are considering bankruptcy next month. We are both co-owners of a business which is our main income. If we file separately, does the surplus income apply to each of us ($2497 each), or the total amount allowed to keep for a family of two ($2497 for both of us in total)?

Also would we be better off filing separately or as a joint bankruptcy since we’re self employed? How would these affect surplus income?

Posted from: Ontario

One Response to “Self Employed Bankruptcy and Surplus Income”

A licensed trustee said...

The limit for a family of two is $2497 regardless if one or both of you file. If only one of you file, then instead of paying the entire surplus amount, you will only pay the portion equal to the person that filed share of the household income. If you both file (jointly or individually) the payment will be the same.