Guide One Must Follow When Filing Bankruptcy Toronto
Sometimes you might find yourself in a situation you cannot be able to repay the money you owe. If this is the case and you live in Toronto, you do not need to waste any more time because you can choose to file for bankruptcy Toronto. This is a last ditch effort that will help you get rid of your debt. In order to go through the process successfully, you need to follow a number of steps.
The first step is to meet with a trustee in bankruptcy York region who will analyze your financial situation. The trustee will review your household budget, debts and assets. When the professional completes the evaluation, he or she will offer you information about the options you can take to deal with your debt. Since your debt is great, the most likely option that the trustee will recommend is that you file for insolvency.
The next step to take is to sign a legal document known as an Assignment in insolvency. The reason for signing the Assignment is to indicate that you are filing for insolvency voluntarily. The trustee will explain the things you need to do as a bankrupt person. This includes disclosing all your liabilities and assets, advising the trustee on the property that you have recently disposed and surrendering all the credit cards you have.
The other things that you need to do include attending the first meeting arranged by creditors if they request for such a meeting, advising the trustee of any changes in address and assisting the trustee to administer the estate. This Assignment is filed with the Office of the Superintendent of Bankruptcy (OSB), which is a branch of the Canadian federal government that serves the purpose of monitoring insolvencies and bankruptcies in Canada. After receiving the Assignment, the OSB issues a Certificate of Appointment to the trustee and he or she becomes the trustee of your insolvency estate.
After the trustee is issued with the Certificate of Appointment, you are considered as being legally bankrupt and you can therefore successfully file for bankruptcy Markham. The trustee takes on the legal ownership of your assets so that he or she can be able to liquidate or distribute them to your creditors. Note that in most situations when filing for bankruptcy Mississauga or other area of Ontario, you will not lose your assets.
The laws of Ontario allow a bankrupt individual to retain personal effects to a certain value. This can be further broken down to vehicle and tool values. The law also has exemptions for some life insurance policies and for farmers. Note that when filing for bankruptcy Scarborough, the trustee can choose to sell some of the assets you own in order to pay your creditors. Nevertheless, some arrangements can be made so that you can be able to keep assets that would be sold in normal cases.
The other thing that happens when you become insolvent is that your garnishments and wage assignments in addition to other legal proceedings against you are stopped. The other important step to take is to attend financial counseling lessons. You will meet your trustee and discuss if there are any non-financial reasons that led you to becoming insolvent. These issues could be substance abuse, gambling and marital breakdown among others.
The other step to take when filing for bankruptcy Toronto is to discuss your discharge with the trustee. This means that you have now become free from your debts but there are certain exceptions such as judgments that arise from fraud, fines related with law breaking, child support or alimony and student loans. The OSB or your trustee can oppose your discharge, but if they approve it, it is granted automatically nine moths after you filed for insolvency.
Author Bio: For the best advice on creditor negotiation and personal Bankruptcy Markham, Ontario residents all over the Toronto metro area trust Killen Landau & Associates.
Category: Finances
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