Free Consultation

Moving from Alberta to Ontario – Where to file?

My daughter and her family are moving from Alberta to Ontario to live with us. They have no money and lots of debt. Can they file for bankruptcy in Ontario even though most of their debt is in Alberta? We have to get them back home in the next two weeks.

One Response to “Moving from Alberta to Ontario – Where to file?”

Desmond West-Chow, CIRP said...

The bankruptcy should be filed wherever the debtors are located at the time of filing. If they file while living in Alberta, it should be done in Alberta, if it is filed while living in Ontario, than it should be done there. If not living where the bankruptcy is filed, there should be arrangements made to complete counselling sessions, which don’t necessarily need to be completed by your trustee’s office, but must be approved by your trustee. Additionally, the ongoing reporting and payments must be made to the trustee with whom the bankruptcy was filed. As such, if it can wait until your daughter and her family move back to Ontario, if they’re planning on being there long-term, it may be most convenient for them to file in Ontario. If the protection from creditors given by filing a bankruptcy is needed urgently because of wage garnishments or judgements being pursued, then it may be wise to file in Alberta to get the protection as soon as possible, rather than waiting an additional two weeks.