Best Bankruptcy Lawyers in Canada

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McLeod Law LLP

McLeod Law LLP

Calgary, Canada

Founded in 1980
200 people in their team
Progressive. Entrepreneurial. Practical.McLeod Law LLP opened its doors in 1980 as a two-person operation. We've grown to a team of more than 60...
French
English
Franklin & Franklin

Franklin & Franklin

Montreal, Canada

Founded in 1925
50 people in their team
Franklin & Franklin was founded in 1925 by M.H. Franklin, Q.C. and now, 100 years and 3 generations later, we are still considered the premier...
French
English
Ogilvie LLP

Ogilvie LLP

Edmonton, Canada

Founded in 1920
50 people in their team
Your future is our focus.Ogilvie was built in 1920 on a tradition of building relationships and working alongside our clients, and that is still our...
French
English

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About Bankruptcy Law in Canada

Bankruptcy in Canada is governed by the Bankruptcy and Insolvency Act (BIA), which is a federal law that outlines the process for individuals and businesses to declare bankruptcy and seek relief from their debts. Bankruptcy is a legal process that allows individuals and businesses that are unable to pay their debts to get a fresh start by eliminating or restructuring their debts.

Why You May Need a Lawyer

There are several situations where you may need to seek legal help for bankruptcy in Canada. These can include complex financial situations, disputes with creditors, or navigating the legal process of bankruptcy. A lawyer can provide valuable guidance, represent you in court, and ensure that your rights are protected throughout the bankruptcy process.

Local Laws Overview

In Canada, bankruptcy laws are federally regulated under the Bankruptcy and Insolvency Act. Some key aspects of local laws that are particularly relevant to bankruptcy in Canada include the different types of bankruptcies available, the duties and responsibilities of the bankrupt individual or business, and the process for filing for bankruptcy.

Frequently Asked Questions

1. What are the different types of bankruptcy in Canada?

In Canada, there are two main types of bankruptcy: personal bankruptcy for individuals and business bankruptcy for businesses. Personal bankruptcy involves an individual declaring bankruptcy and seeking relief from their debts, while business bankruptcy involves a business declaring bankruptcy and seeking relief from its debts.

2. How does bankruptcy affect my credit score?

Bankruptcy will negatively affect your credit score, making it difficult to obtain credit in the future. However, bankruptcy can also provide a fresh start by eliminating or reducing your debts and allowing you to rebuild your credit over time.

3. What are the consequences of bankruptcy in Canada?

Some consequences of bankruptcy in Canada can include losing assets, restrictions on obtaining credit, and a negative impact on your credit score. It is important to consult with a lawyer to understand the specific consequences of bankruptcy in your situation.

4. Can I keep my home and car if I declare bankruptcy?

In some cases, you may be able to keep your home and car when declaring bankruptcy in Canada. The rules vary depending on the province you live in and the value of your assets. Consulting with a lawyer can help you understand your rights and options.

5. How long does bankruptcy last in Canada?

The length of bankruptcy in Canada depends on various factors, including your income, assets, and whether you have declared bankruptcy before. Typically, a first-time bankruptcy can last between 9 to 21 months. However, it is important to consult with a lawyer to understand your specific situation.

6. Can I declare bankruptcy on my own, or do I need a lawyer?

While you can technically declare bankruptcy on your own in Canada, it is highly recommended to seek legal advice from a lawyer. A lawyer can help you navigate the complex legal process, ensure that your rights are protected, and provide valuable guidance throughout the bankruptcy process.

7. What debts can be included in bankruptcy?

Most unsecured debts can be included in bankruptcy, such as credit card debts, personal loans, and medical bills. However, certain debts, such as child support payments, student loans (if less than 7 years old), and court fines, cannot be included in bankruptcy. Consulting with a lawyer can help you understand which debts can be included in your bankruptcy.

8. Will I lose my job if I file for bankruptcy in Canada?

Generally, filing for bankruptcy in Canada should not affect your employment status. However, there are certain professions that may have restrictions on bankruptcy, such as lawyers, accountants, and financial advisors. It is important to consult with a lawyer to understand how bankruptcy may impact your specific employment situation.

9. Can I file for bankruptcy more than once in Canada?

Yes, you can file for bankruptcy more than once in Canada. However, there are certain restrictions and consequences for filing multiple bankruptcies, such as longer bankruptcy periods and restrictions on obtaining credit. Consulting with a lawyer can help you understand the implications of filing for bankruptcy multiple times.

10. How can a lawyer help me with bankruptcy in Canada?

A lawyer can provide valuable assistance with bankruptcy in Canada by guiding you through the legal process, representing you in court, negotiating with creditors, and ensuring that your rights are protected. A lawyer can also help you understand the consequences of bankruptcy and explore alternative options for managing your debts.

Additional Resources

For additional information and resources related to bankruptcy in Canada, you can visit the Office of the Superintendent of Bankruptcy Canada website (https://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/home) or contact a local bankruptcy trustee for personalized assistance.

Next Steps

If you are facing financial difficulties and considering bankruptcy in Canada, it is important to seek legal advice from a knowledgeable bankruptcy lawyer. A lawyer can evaluate your situation, explain your options, and help you navigate the complex legal process of bankruptcy to achieve the best possible outcome. Don't hesitate to reach out to a lawyer for assistance with bankruptcy in Canada.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.