Question 1

What does a bankruptcy and insolvency lawyer do in Canada?

Accepted Answer

A bankruptcy and insolvency lawyer helps clients with legal advice on debt problems, including filing for bankruptcy, making proposals to creditors, responding to collection actions, and court representation. They work with individuals and businesses to find practical solutions under Canadian and provincial laws.

Question 2

How much does it cost to hire a bankruptcy and insolvency lawyer?

Accepted Answer

Legal fees vary widely based on your location, the complexity of your situation, and the services required. Some lawyers charge hourly rates, while others have flat fees for specific tasks. It’s a good idea to ask for an estimate before you start.

Question 3

What is the process for filing bankruptcy in Canada?

Accepted Answer

To file for bankruptcy in Canada, you must meet with a licensed insolvency trustee. Your assets and debts will be reviewed. The trustee will handle paperwork, notify creditors, and guide you through the legal steps. You must complete certain duties, such as attending credit counselling.

Question 4

Are bankruptcy laws the same in every province or territory?

Accepted Answer

Bankruptcy is governed mostly by federal law (the Bankruptcy and Insolvency Act), but each province or territory may have different rules for exempt assets and court procedures. Always check provincial exemptions, such as what property you can keep.

Question 5

How long does bankruptcy stay on your credit report in Canada?

Accepted Answer

Bankruptcy typically stays on your credit report for six or seven years for a first bankruptcy. The exact time depends on which credit bureau is used and where you live. Multiple bankruptcies remain on your record for longer.

Question 6

What documents should I bring to meet a bankruptcy lawyer?

Accepted Answer

Bring a list of your assets, debts, recent pay stubs, bank statements, tax returns, and any legal documents about your finances. The more information you provide, the better a lawyer can assess your situation and give clear guidance.

Question 7

How do I choose a good bankruptcy and insolvency lawyer?

Accepted Answer

Look for lawyers with experience in bankruptcy and insolvency law in your province or territory. Check their standing with your local law society. Ask about their experience, fees, and approach to communication before you hire someone.

Question 8

Can I keep any of my assets if I file for bankruptcy in Canada?

Accepted Answer

You may keep some assets, depending on your province’s exemption laws. Common exemptions are basic household items, some RRSPs, limited equity in a car or home, and tools needed for work. A lawyer or trustee can explain what you can keep.

Question 9

Is there an alternative to bankruptcy in Canada?

Accepted Answer

Yes. Alternatives include consumer proposals, debt consolidation, and informal payment arrangements with creditors. A lawyer or licensed insolvency trustee can explain which options are realistic based on your debts and income.

Question 10

How long does the bankruptcy process take in Canada?

Accepted Answer

For a first-time bankruptcy, the process usually lasts nine months, but can be longer if duties are not completed or if there is surplus income. Other options, like proposals, can last up to five years. Timeframes vary based on each case.

Bankruptcy and Insolvency Lawyers in Alberta

Bankruptcy and Insolvency Lawyers listed in Alberta

Tax Calgary

Outsiders Law

Moodys Private Client Law LLP

Bankruptcy and Insolvency Lawyers by city in Alberta

Frequently asked questions

Bankruptcy and Insolvency Lawyers listed in Alberta

Tax Calgary

Outsiders Law

Moodys Private Client Law LLP

Bankruptcy and Insolvency Lawyers by city in Alberta

Frequently asked questions

01What does a bankruptcy and insolvency lawyer do in Canada?

02How much does it cost to hire a bankruptcy and insolvency lawyer?

03What is the process for filing bankruptcy in Canada?

04Are bankruptcy laws the same in every province or territory?

05How long does bankruptcy stay on your credit report in Canada?

06What documents should I bring to meet a bankruptcy lawyer?

07How do I choose a good bankruptcy and insolvency lawyer?

08Can I keep any of my assets if I file for bankruptcy in Canada?

09Is there an alternative to bankruptcy in Canada?

10How long does the bankruptcy process take in Canada?