Canada’s bankruptcy and consumer proposal laws are changing today.
Among other things:
- It is becoming more onerous to file a bankruptcy if a consumer has “surplus income” or is a 2nd time bankrupt
- Automatic discharge after 9 months will no longer apply for those with surplus income
- The maximum for simple (aka., “Division 2”) consumer proposals has been increased to $250,000 from $75,000. That is apart from any principal mortgage.
These changes are meant, in part, to encourage debtors to make proposals to creditors as opposed to going bankrupt.
From a mortgage perspective, one obvious implication is that people with surplus income will need to wait longer to get a mortgage after bankruptcy.
We had an opportunity to speak with Eric Putnam, a Senior Financial Coach with BDO New Beginnings, for details on how the new law will play out. Eric is an expert on insolvency rules and regularly advises Canadians coast-to-coast on how to deal with debt and improve their finances.
Here is that interview: New Bankruptcy & Consumer Proposal Law
good summary of the changes and very interesting interview, particularly about LOCs no longer being callable after bankruptcy…
Michael I want to clarify that a secured line of credit (or a mortgage) against a home can be “called” in a bankruptcy but not in a proposal to your creditors with the new changes to the BIA.
Hi Guys,
What I am surprised is life insurance is not talked about here.
Go to http://www.corporationscanada.ic.gc.ca/eic/site/bsf-osb.nsf/eng/br02144.html
(Office of the Superindent of Bankrupty Canada)
If you have life insurance policy that has a named beneficiary like a wife or child is protected. This includes of course cash value insurance. The key is to have this in place first of course, also this money can be borrowed from the insurance company cutting the bank out of the picture. another link to check out is
http://www.langmichener.ca/index.cfm?fuseaction=content.contentDetail&ID=8384&tID=244
The key here is to talk to a tax expert who understands the advantages life insurance.