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Filing for Bankruptcy

Overview

What is the process to file for bankruptcy?

You are required to retain a bankruptcy trustee. A bankruptcy trustee is a licensed professional who is trained to assist people who are unable to pay their debts. The trustee does not act on your behalf. The trustee's primary obligation is to ensure the creditors receive as much as possible from the property that you own.

In your initial meeting, the trustee will generally:

  • provide you with information on your options; and
  • discuss if bankruptcy is an appropriate option for you.

Most first time bankrupts receive a discharge by working with the trustee. However, there are some cases where a bankruptcy discharge is challenged by the trustee, a creditor or the Superintendent of Bankruptcy. In these cases, a person who is bankrupt will have to go to court and will be subject to court orders before the bankruptcy is completed.

How do I find a bankruptcy trustee?

A bankruptcy trustee is a licensed professional who is trained to assist people who are unable to pay their debts. Trustees can be found:

A bankruptcy trustee will charge a fee for performing duties related to the bankruptcy. Many offer free initial consultations. A trustee may refuse to accept a bankruptcy if, for example, you do not have enough assets to pay the trustee's fees. If you cannot find a trustee to help you to file for bankruptcy, you can contact the Office of the Superintendent of Bankruptcy (OSB), a branch of Industry Canada. The OSB's Bankruptcy Assistance Program may be able to assist you if you have written refusals from two trustees and meet other requirements.

Please see the Public Legal Education Association of Saskatchewan (PLEA) website for more information.

What can I expect to pay if I file for bankruptcy?

A bankruptcy trustee will need to assess your circumstances to determine whether you qualify for bankruptcy and what you can expect to pay. A bankruptcy trustee is a licensed professional who is trained to assist people who are unable to pay their debts.

Will I need a lawyer for bankruptcy?

Most bankruptcies do not require a lawyer. More complicated bankruptcies involving matrimonial claims, businesses or family farms may have legal issues that would be best addressed by a lawyer. The bankruptcy trustee should be able to determine whether a lawyer would be of assistance in resolving your bankruptcy.

If you would like to speak with a lawyer, you can visit the Law Society of Saskatchewan Finding Legal Assistance database to find a lawyer in your area.

How long does bankruptcy last?

First time bankruptcy may not last more than nine months. If the bankruptcy trustee determines that you are required to pay surplus income, it may last only 21 months.

If the trustee, a creditor or the Superintendent of Bankruptcy brings a court application to oppose your discharge, the bankruptcy court will determine whether you should be discharged and if so, on what conditions. These cases are more complicated and harder to predict because they are very fact driven.

Please see the Public Legal Education Association of Saskatchewan (PLEA) website for more information.

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