Licensed Insolvency Trustees Calgary

Personal Bankruptcy

In Calgary & Southern Alberta

Thinking about bankruptcy? Get professional advice with a free and confidential phone call!

What Is Personal Bankruptcy?

Personal Bankruptcy is a legal process, regulated by the government of Canada, that releases you from your debts, stops collection calls, ends wage garnishment and legally protects you from your creditors. It is a way for unfortunate Canadians to get out of debt and have a fresh start.

If you are considering filing for personal bankruptcy, it is important to understand the process and the options that are available. Yes, you have options.  Licensed Insolvency Trustees are the only professionals in Canada who can prepare and administer personal bankruptcy filings. At Hudson & Company, our first priority is making sure that you are well informed and understand all of the options that are available to you.

Where Should I Start?

The best way to understand how personal bankruptcy may impact you is a free consultation with one of our Trustees. We will look at your debt situation, with consideration for your unique circumstances and what you are hoping to achieve. We will review all of the available options with you and answer any questions you may have.

Learn More

5 Stages of Bankruptcy

What are the different stages of the bankruptcy process?

Bankruptcy in Alberta

What do I need to know about declaring bankruptcy in Alberta?

Bankruptcy Exemptions

Will I lose my house? Which assets are considered exempt?

Getting Discharged

When will I be discharged from bankruptcy?

To determine whether you qualify for personal bankruptcy, begin by asking yourself the following questions:

  • Do you utilize credit cards to make payments on a regular basis?
  • Are you able to only cover interest charges in your monthly payments instead of steadily lowering the overall obligation?
  • Have you had your utilities shut off due to an inability to pay?
  • Are your wages being garnished to help repay your debts?
  • Do you obtain frequent cash advances to make ends meet until your next payday?
  • Do calls from your creditors lead to your avoidance of answering the phone?

 

Personal Bankruptcy Help in Calgary

“They listened to our concerns and provided a solution that no one else had thought of.”

Talk To A Professional

Get professional advice from a Licensed Insolvency Trustee. No cost. No obligation.

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When Is Personal Bankruptcy a Good Idea?

Insolvency affects thousands of honest but unfortunate Canadians every year. Being insolvent means that you are simply unable to pay off all your debts. If you find yourself in this position it is important to know that you have options. A great first step is meeting with a Licensed Insolvency Trustee for a free consultation meeting. They will review your situation and show you what options are available. The Office of the Superintendent of Bankruptcy Canada is the regulatory body that licenses and regulates Licensed Insolvency Trustees. These are highly trained debt counsellors and the only professionals in Canada that can administer bankruptcy or consumer proposals.

Why Meet With A Licensed Insolvency Trustee?

While we do our best to provide information and answer general questions on our website, insolvency is a complex matter. A Licensed Insolvency Trustee can review your personal situation and show you which options are available. They can explain how the laws and regulations apply in your circumstances and they can address your specific concerns in detail. An initial consultation meeting is free and confidential. There are no risks associated with meeting a Licensed Insolvency Trustee and there is no obligation to move forward or return.

Client Reviews

We provide personal bankruptcy services in Calgary and throughout Southern Alberta. See what our clients have to say about their experience with our Licensed Insolvency Trustees.

Hudson & Company Insolvency Trustees
Excellent
4.8
Based on 172 reviews
review us on
Noelle S.
Everyone was super helpful, and very understanding of my financial situation. They provided knowledge, support, and a plan for my financial future. I would highly reccomend using their services and know that your debt does not define your future. It is managebale with help.
Steve M.
It’s not an easy thing getting to the point of needing a bankruptcyBut If you do, I would recommend using HUDSON AND COThey were there for me in the time of needAnd continue to do soI appreciate the kindness and time that was spent helping meThank you to all
biswajeet sikdar (.
Extremely satisfied. Greg is wonderful he took his time to explain the options in full detail. Greg has been working from the beginning and ensuring the best possible route for the situation. I highly recommend!
Melanie R.
This company is amazing and can’t say enough good things about them! I spoke to Greg and he quickly booked an appointment to present me with my options which were thoroughly explained. In the end, they saved me so much stress and can’t thank them enough. I highly recommend anyone going to see them, they are phenomenal! Thank you
Claire M.
Wonderful service provider, knowledgeable and provided options to choose from while treating you professionally and making a person still feel valued. Options were great and lifted alot of stress and worry through the process and going forward. Thank you Greg for all you do.
Bob G.
Early on this issue seemed insurmountable and very stressful. Thanks to Breanna and others on the team we ended up with an outcome that far exceeded any realistic expectations we had. What a complete relief of our stress over the last number of years.
Kendra A
Wonderful to work with. Made a stressful situation not stressful at all. Walked me through EVERYTHING so I had no questions by the end. Thank you Greg!!
Barry B.
Can't recommend enough. Was able to discuss my financial situation with Greg, and was provided with a range of viable solutions where I didn't think any would exist. So much of the dread is gone!
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Hudson & Company Insolvency Trustees Inc.
Excellent
4.8
Based on 172 reviews
review us on
Noelle S.
Everyone was super helpful, and very understanding of my financial situation. They provided knowledge, support, and a plan for my financial future. I would highly reccomend using their services and know that your debt does not define your future. It is managebale with help.
Steve M.
It’s not an easy thing getting to the point of needing a bankruptcyBut If you do, I would recommend using HUDSON AND COThey were there for me in the time of needAnd continue to do soI appreciate the kindness and time that was spent helping meThank you to all
biswajeet sikdar (.
Extremely satisfied. Greg is wonderful he took his time to explain the options in full detail. Greg has been working from the beginning and ensuring the best possible route for the situation. I highly recommend!
Melanie R.
This company is amazing and can’t say enough good things about them! I spoke to Greg and he quickly booked an appointment to present me with my options which were thoroughly explained. In the end, they saved me so much stress and can’t thank them enough. I highly recommend anyone going to see them, they are phenomenal! Thank you
Claire M.
Wonderful service provider, knowledgeable and provided options to choose from while treating you professionally and making a person still feel valued. Options were great and lifted alot of stress and worry through the process and going forward. Thank you Greg for all you do.
Bob G.
Early on this issue seemed insurmountable and very stressful. Thanks to Breanna and others on the team we ended up with an outcome that far exceeded any realistic expectations we had. What a complete relief of our stress over the last number of years.
Kendra A
Wonderful to work with. Made a stressful situation not stressful at all. Walked me through EVERYTHING so I had no questions by the end. Thank you Greg!!
Barry B.
Can't recommend enough. Was able to discuss my financial situation with Greg, and was provided with a range of viable solutions where I didn't think any would exist. So much of the dread is gone!
Breanna J.
Extremely satisfied. Greg and Breanna are wonderful and took the time to explain my options in full detail. Greg has been working with me from the beginning in ensuring I take the best possible route for my personal situation. I highly recommend!
Bjoern W.
Thanks to Steven Cooke, Greg Stanford, Meghan Wood and everyone else at hudson&company, who have convinced me that their help comes from the passion to help first and is not faked to make money.You guys are truly a benefit to society and good to know your out their helping.God bless your serviceSome days may don't mean much for you to go to work. But for me, you have been and continue to be an important part of overcoming great hardship and believing in rebuilding a better future for me and my family.Thank you
ruby P.
A huge thank you to Jeff and Gregg and the team for helping me get back on track. During our first conversation, Jeff put my mind at ease with her genuine kindness and professionalism. He took away my feelings of shame and helped me build my confidence back up. I felt like I was given all the information I needed to make the most informed, beneficial decision on how to move forward. I was able to rest easy knowing my financial future was now under control. I am so grateful for the tremendous weight lifted off my shoulders. I only wish I had called sooner. Thank you from the bottom of my heart.
I S
100% recommend this company to anyone who is in financial distress and feels stuck. After the first phone call I felt reassured. Greg was amazing, very informative and respectfull.
Daniel
The process of even looking into bankruptcy was causing me tremendous stress and anxiety but luckily I found Hudson & Company!Steven & Greg have been amazing, providing a lot of information in a way that I found easy to understand and they gave me options to deal with my personal situation.I thought my situation was unmanageable and out of control, but Hudson & Company walked me through step by step the entire process, and now there is a light at the end of the tunnel. If you’re drowning in debt, call these guys for help!!!
Reid L.
I recently had a phone conversation with Greg. I explained my circumstance with a particular debt that I have. Greg provided me with some incredible information about my situation, outlining options that I shouldn't pursue and the reasoning behind each. He then offered several options with both pros and cons for each solution. I enjoyed the conversation, feeling no pressure one way or another, and felt he had my best interest in mind. I highly recommend Greg at Hudson and Company. I appreciate your time, thank you!Reid
Alex R
Thank you so much to Greg and Hudson & company for the help, being patient for explaining all the options. Well recommended
Sam F.
I had a telephone interview with Greg. In the short time of explaining my situation, he was able to give me 3 options that I had and explained how each one would work for me. He left me with what might be the best option, and how Hudson and Company are prepared with how to present it going forward.I had some homework to do but felt very comfortable with how Greg presented himself and the company. I would not hesitate to recommend anyone for Greg's services.Thanks, Greg, it was a pleasure talking to you.Sam
Maria Gabriela Benitez R.
Excellent work team in this company, super respectful, responsible and efficient, they guide you throughout the entire process. 100% recommended
Paul M.
Greg Stanford was excellent at answering my questions regarding debts without shame or any form pressure. I really appreciated the free advice that didn't feel like it was pushing me towards options that could effectively harm me long term.
Joel W.
Working with Greg was an absolute pleasure. They helped me navigate through the process with ease and made sure that I never felt like less. Their guidance and support were invaluable, and I couldn’t have done it without them. Thanks to Meghan as well. I highly recommend them to anyone who needs a helping hand. Thank you so much for all your help
Neeru K.
I had an amazing experience with this company. The most wonderful team that helped me through a very difficult time in my life. I have no words to explain how supportive Greg and the whole team was. I was completely impressed with their professionalism and customer service. Greg took his time to listen and to explain all the options available for me. He also guided me to choose the best options to overcome my issues that I was facing. I am thankful to Greg, who went above and beyond to answer all my questions and to help me find the right solutions. The whole team especially Greg, Breanna and Chandal were very kind, supportive and patient with me. Their customer service is second to none. The quality is consistently outstanding, exceeding my expectations every time. I'm grateful to all they have done to help me get through it. I highly recommend this company.
R F.
Stressed over my debt load and not knowing how to compare Trustees, I did a Google search for one near me. It was by sheer luck that I landed at Hudson and Company. Greg was totally non-judgemental, smart, professional, efficient, and very effective. These guys really know what they are doing. My debt was reduced to pennies on the dollar. It was such a relief and comfort to walk in there and walk out with nothing left to do. Greg took care of everything. They never asked me for a penny upfront. They worked out their fee as part of the proposal. Overall, I am extremely satisfied and would highly recommend them. No one deserves to be so financially stressed, and everyone deserves a fresh start. Good luck.
A U.
I recently worked with Breanna and her team at Hudson & Co. on my consumer proposal, and the experience was incredibly positive. They responded quickly to my questions and made everything straightforward and understandable. Their support was amazing, helping clear a path to financial freedom for me. After taking on debt from a previous marriage, their guidance was crucial in setting a bright future for myself and my children. I felt like they genuinely cared about my situation and went above and beyond. I highly recommend Hudson & Co. to anyone looking for clear, friendly, and effective financial help. They didn’t just provide a service; they changed my life.
Boma
My matter was quickly and professionally handled. Every step was managed professionally and very efficiently. I highly recommend Hudson & Co. 100%.
H S
My experience working with Hudson & Company, specifically Greg has been wonderful. Hudson & Company came recommended to me by a friend that also had a great experience with Greg. I was so stressed & upset prior to contacting Greg, he helped put my mind at ease. Gave professional advice, helping me way out all my options and answering all my questions. I never felt rushed in making a decsion and felt supported. I can not say enough about my experience with Hudson & Company. Thank you!
Gil T.
First, I must say that I am IMPRESSED with Greg at Hudson & Company! Greg was very straight forward with my options to resolve my debt, after being out of work for more than a year. He gave me a plan of attack to move forward, discussed alternatives and appeased my anxiety about my current situation.Kudos to Greg! I will definitely take your advice to heart, as I move ahead in resolving my debt situation.
K A.
I was under a tremendous amount of stress not knowing where to turn after falling behind on bills due to a long term illness where my income was significantly reduced. I reached out to Hudson & Co. and Steven Cooke discussed my options with professionalism and no judgment. He and Greg Stanford answered any questions I had and the whole process took about an hour. I am no longer worried about the collection calls and can go into the new year feeling relieved. They are experts who make you feel at ease and genuinely respected. I would recommend calling them to anyone who is looking for information on how to fix their credit.
Trish C
Recently spoke to Greg and was relieved to find a solution to my financial situation. I found him to be very thorough and genuine. Too be so stressed in this economy does nothing for a person's mental health. I have had a huge burden lifted off my already heavy shoulders and have an end to look forward too. Thank you Greg!
BRAEDEN
I'm so glad that I was able to get my financial situation figured out with everyone here on the team! They are truly professional, knowledgable, and most of all helpful! Thank you so much!
Holding S.
I am in my third month of insolvency and wanted to leave a quick review of Hudson and Co. I met with Greg Stanford and he explained the process to me and answered some questions in under an hour. He was genuinely interested to help me and to date has been responsive to my queries. There have been a couple of collections agents that began pestering me and Hudson & Co. took care of that issue for me quickly. I would definitely recommend Greg and this company for anyone needing such a service. They are experts in their understanding of insolvency and make the process simple to follow.
kyle B.
I was suffering with crippling debt that I couldn’t ever recover from and it caused me and my family extreme stress and anxiety.Greg to the rescue!!! He is absolutely, hands down the greatest person I have ever dealt with, He fully explained the whole situation to me and put me at ease. Greg has been a blessing and I wouldn’t hesitate to tell everyone who is in a pinch financially yo call him and hudson and company.Thankyou greg and thankyou hudson and company.
parash m
It was very smooth, easy & stress free service from Greg.I was not expected this kind of smooth service from Greg. After i contacted and with stress some Agency , I contacted to Greg. and I did not take time to think. right a way I made decision to continue process and everything done smoothly . If you are looking to get out of your debt and want to be stress free life then I highly recommend to meet one time Greg.Everyone has different experience but it was great experience with Greg and his team. Thank you Greg.
jacek L.
Wonderful, respectful team. Precise financial advice. Trustworthy and always available for questions and education. Greg is someone you simply trust as he treats you with respect and is very knowledgeable and super helpful. Highly recommend getting advice and support from this company.
K L.
A friend refered me to Greg & he explained my options in layman's terms. Although he couldn't directly help me since I am from a different province he was able to refer me to someone in my city to further speak with.Definitely recommend Greg!
Iwan M.
My experience with Hudson & Company has been a very pleasant. I was nervous during the counselling but Greg was excellent and made me feel very comfortable. He explained thoroughly the process and answered each and every questions clearly. The whole ordeal was very smooth and fast. Greg was very helpful and knowledgeable. I’m just waiting for my application to be approved. Thanks Greg for all your help!
Chyane S.
Greg was amazing he help me find the best solution to my problems I was very stressed how I was going to be able to pay my loans when they where asking for to much when financially I couldn’t greg helped me and his trustee find best way for me to be able pay it off at a reasonable price.I feel like stress is finally off my shoulders!!!Thank you so much
Tarina
Got through first of two mandatory meetings with Greg at Hudson, fairly painless, LOL, Greg was more than accommodating with my questions and he gave me great advice for future strategies to do with my money. Previous to that, Steven was very thorough in going through my options and together we picked the right one for me. Very nice and helpful group!
Jane M.
An excellent experience in a difficult time. Greg Stanford is knowledgeable and professional. Made me feel bery supported. Highly recommend 🙏🏻
ainsley T.
I’m super grateful for the professional counselling I received after I connected with Hudson & Company. Thanks to the guidance provided, I am now on a path back to financial wellness and it feels absolutely wonderful. The whole process was very smooth and easy- they really know their stuff. Thank you Greg!
Steve F
Everyone was very professional. Greg had a lot of great advice, very informative and was a pleasure to work with.
Alenga M.
Greg is amazing man. Spoke with him and he was able to help me out and explained everything to me and made this whole process very easy. Even after the process and meetings I had, I still reach out to him for financial literacy regarding my case and he helps me out.
Mona T.
Greg Stanford was excellent and explained to me how everything works on a consumer proposal. I couldn’t be more happier than I am now. Thank you Greg
Leanne G.
My process with Hudson & Company has been a pleasure! From the first initial conversation to the very end; amazing! As someone who was super nervous to reach out, Hudson & Company made sure to make me feel comfortable. Answered each and every question I had along the way. Personally I worked with Greg and he was fabulous! Within my time with Hudson & Company I’ve emailed with several different people and they all were efficient and super kind. Trust me, reaching out and making the phone call is the scariest part! From then on, easy sailing! So blessed. Thank all of you!
Joe M.
Greg helped me big time dealing with my bankruptcy. Super easy to deal with and explained everything so i could totally understand the overwhelming amount of information. Was able to chat and not feel like I was talking to a robot and now with their help I’m moving forward!
Layer C.
I regret not calling for help months sooner. Greg Stanford and his team are sensational!! The half hour free consultation was so beneficial. The knowledge, friendliness and patients Greg has is phenomenal. He answered all my questions and explained everything clearly. I would highly recommend Hudson and Company.
Iryn R.
Very helpful people especially Greg, he is very informative and nice. Thank you for all your help Greg and Jeff. You guys are awesome🤩
Scott L.
Courteous, Hardworking & Professional. Highly recommend. Stefan's team (especially Breanna) were extremely effective in helping me get back on the right track. Much love to these folks. Do yourself a favour and give them a call.
J E
Life changing experience - wish I knew about this sooner. Stephan and his team made the process seamless and easy. From the initial consultation I knew exactly what I was looking at, and what the process would look like if I chose to move forward. No pressure environment, he was upfront about fees and how my options would impact those fees. Can't say enough about my experience, very quickly my life has completely changed. If you're stuck financially at least go for a consultation and see if there are options for you.. feels great to breathe again!
Eric R.
I would like to share my experience with Hudson and company and first would like to thank Breanna Burkhead-Smith and Jeff price. They were very knowledgeable and made my experience that much easier to deal with. No one likes to go through debt or bankruptcy. These individuals do not judge or look down on you. They help you. I can’t wait to see what the future will look like in a few years. Thank you Hudson and Company
Denise S.
During a very difficult time In my life I found dealing with Hudson & Co to be very professional and informative. Everyone was supportive and helped me to clearly understand my responsibilities and requirements and assisted me without hesitation when I reached out. They were responsive to communication in a very timely manner. Although I hope to never have to work with them again I can sincerely recommend this company to help you through the difficult process of going through a bankruptcy. They’re knowledgeable and professional and supportive.
John L.
The Company was professional and the workers were always courteous and very helpful. It was a pleasure to have been helped through a hard time in my life. Thankyou to all. Regards; John
Denise R.
hi I WOULD ABSOLUTELY PICK JEFF PRICE AS HE IS SO VERY AWESOME AND APPRECIATE ALL OF WHAT HE AND HIS STAFF DO FOR ME TOO
Denise R.
GO WITH THESE PEOPLE AS THEY ARE THE BEST TO HELP YOU OUT AS THEY HELPED ME OUT ALOT JEFF PRICE OR ANYONE ELSE TOO
Response from the owner: Thank you Denise!
Amanda R.
The Hudson Team has been so helpful and kind in assisting me with understanding what would work best for my personal circumstance. Every question or email no matter what or when was replied to with haste. I have never felt so involved in a process, like I was part of the team!
Response from the owner: Thank you Amanda!
Sandra P.
Hudson and Company were very helpful in achieving my goals. The staff are knowledgeable and professional.
J L
Jeff and his team were wonderful to deal with. They answered all my questions, worked with my hectic schedule, and they did so seamlessly across the border (I am currently in the US.) Jeff and his staff were successful in my consumer proposal and I am very satisfied with the end result. I would highly recommend them!
Chalsea J.
After struggling with trying to pay off our debts, My fiance and I decided to make the phone call to Hudson and company for information on helping us with our debts. We got talking with Stefan and before we new it our debts were cut in half and now making a small payment monthly straight to our principle interest free. THANK YOU HUDSON AND COMPANY!!
Jose S.
After thinking about it for a long time I finally decided to seek help to solve my economic problems and it was the best decision I made. Thanks to Hudson & Company for their great support and help to find solution to my situation, there is nothing quieter and more satisfying than waking up thinking I am debt free! Thank you very much!
Michelle W.
Stefan was awesome and helped my husband and I through the proposal process. We consolidated all our debt into 1 monthly payment. It’s such a relief now to know that we will be debt free in a couple years. I would strongly suggest to go through this company if you are in financial woes.
M H.
I worked with Jeff on a proposal that had nuances and extended over 4.5 years. Jeff and his team were highly responsive and worked with me to ensure that the proposal flowed smoothly. Even though Proposals are not fun, the process worked well and I would recommend Jeff and his team to anyone needing assistance to reorganize their financial affairs.
Hudson & Company Insolvency Trustees I.
"We would like to thank all of you for helping us with our financial situation! Although we are very embarrassed, you have made us feel very comfortable! We've had our first counselling session with Karis and she's great too! Thank you for the wonderful service!Sincerely,Renee M.""Kim, Your kindness is greatly appreciated.-LS"
Response from the owner: Thank you for your kind words. We hope you are able to sleep easier now that you are more comfortable.
Hudson & Company Insolvency Trustees I.
Hudson & Company offers a free consultation. We found it very informative. The options presented by Mr. Bruce Hudson were clear and helpful toward our course of action. We were able to avoid bankruptcy, and were comfortable in the payment schedule presented and agreed upon by our creditors. Mr. Hudson and his associates have acted responsibly and have been available over the past 3 1/2 years, for any of our inquiries. We would enthusiastically recommend Hudson & Company with a 5 Star rating, to anyone desiring financial advice. Thank you Bruce, and associates, for your care and advice.SM
Response from the owner: Thank you for your kind words. We are grateful to have been of service to you.
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Frequently Asked Bankruptcy Questions

Here we explore common considerations and frequently asked questions about bankruptcy to help you determine if it is a good idea for you. It is important to know that there are alternatives to bankruptcy, even in dire circumstances. Part of knowing if bankruptcy is a good idea is determining if you have any other options available. A Licensed Insolvency Trustee can help identify what options are available based on your unique situation. Once all other options are considered, bankruptcy is the last resort to get rid of debt and get your life back on track.

Will Bankruptcy Affect My Spouse?

No. Filing for personal bankruptcy in Canada does not directly affect your spouse. Your spouse is only responsible for their own debts and their portion of any shared debt. Your personal debts are separate.

If your spouse has co-signed or personally guaranteed any of your debts, then they will continue to be responsible for the debts if you are personally unable to pay. This is also the case with shared debt such a joint credit card account.

You and your spouse may have the option to file jointly. This is possible when all or most of your debts are shared. In this case you can avoid costs associated with filing personal bankruptcy for both spouses individually. It is important to note that in this case, the procedures are tied together and one spouse’s failure to follow procedure can stop the other from being discharged.

Talk to a Licensed Insolvency Trustee for help determining the best option based on your debt and family situation. As always, there are multiple ways to approach insolvency.

Will Bankruptcy Affect My Job?

It is illegal in Canada for your employer to fire you for declaring bankruptcy. In most cases you don’t even have to disclose it to them. In some cases, the position you hold or the jobs you can do may be restricted. This is more common in finance, legal and security professions.

If you hold a professional designation you should check the professional guidelines that are enforced by the regulatory body for any implications.

If you are in a position which may be affected by bankruptcy, talk to a Licensed Insolvency Trustee. They can help you work through the situation to find the most appropriate solution.

Will Bankruptcy Eliminate Tax Debt?

Yes. Bankruptcy can eliminate Tax debt

Without a bankruptcy or proposal, the CRA will generally not accept anything other than the full amount for any income tax debt. If you owe the CRA money, they may be able to freeze your bank account or garnish your wages without going through the courts. If you have a business, they can also go directly to your customers and have them pay them rather than you. If you are insolvent and unable to pay, declaring bankruptcy with the help of a Licensed Insolvency Trustee is one of the only ways to eliminate the debt.

Will Bankruptcy Stop Student Loans?

A discharge from bankruptcy can release you from your student loan repayment obligations if you filed for bankruptcy at least seven years from the time that you stopped being a full-time student. If you haven’t been a full-time student for more than seven years and you are now considering bankruptcy, you can expect to be able to include your student loan debt. In some cases, the court can reduce this period from seven years to five.

Will Bankruptcy Stop Wage Garnishment?

Yes. Once you declare bankruptcy your wages are protected from garnishment.

A wage garnishment is a court order that redirects a portion of your earned wages to a creditor. If your wages are being garnished, part of your pay-cheque is taken to pay back a specific debt. Anyone you owe money to can submit their claim to the court. If a judgement is granted in their favour, they have the option to contact your employer to garnish your wages (they may also have the option to seize cash from your bank account).

As soon as you sign the bankruptcy documents there is an “immediate stay of proceedings”. This puts an immediate stop to any current garnishment and provides legal protection against future garnishment.

Will Bankruptcy Stop a Judgement?

Short answer = Sometimes. If the judgement arises from a lawsuit involving unpaid debts, the lender or creditor may be able to garnish your wages or access your personal assets to satisfy the judgement. In cases such as this, declaring bankruptcy would stop the garnishment and discharge the debt. If such a lawsuit is pending at the time you declare bankruptcy, it will be stopped.

There are non-dischargeable debts that may arise from a judgement against you. In these cases, declaring bankruptcy will not eliminate the debt. Non-dischargeable judgements can arise from issues related to:

  • child support or alimony
  • criminal penalties or fines
  • certain taxes
  • debts arising from fraudulent activity
  • death or injury caused by drunk driving
  • willful and malicious injury caused by the debtor

So, judgements arising from regular unpaid debts can be included in a bankruptcy filing, but judgements arising from criminal activity or child/spouse support cannot be included.

Will Bankruptcy Affect My Car Insurance?

The effects of bankruptcy on your auto insurance are minimal in Alberta and you will generally not have to worry. When you declare bankruptcy, it is reported to the credit bureaus that determine your “credit score”. Some insurance companies in Canada are now using credit scores to underwrite auto insurance policies. The practice is different in each province due to legislative restrictions. In some provinces it is illegal for an insurance company to use your credit score to influence auto insurance rates. In Alberta, an insurer must get your explicit consent prior to looking at your credit score and you can say no.

If you are currently receiving a discount for having “good credit” you may no longer qualify for the discount.

Will Bankruptcy Affect My Credit?

Yes. In Canada there are two major credit reporting agencies, Equifax and TransUnion. They keep track of your credit history and provide reports to lenders. When you file for bankruptcy it is reported to these agencies. If you are declaring bankruptcy for the first time, it will be included on your credit reports for as long as seven years following your discharge. If it is your second time declaring bankruptcy it will be included for up to 14 years following your discharge.

Equifax uses a scale from R1 to R9 (R1 = perfect credit). Declaring bankruptcy will result in a rating of R9.

Can Bankruptcy Stop a Foreclosure?

No. Bankruptcy in Canada does not include secured debt. Your mortgage is secured because it is tied to a physical asset (your home). This means that the value of the mortgage is guaranteed to the lender by their ability to recover the value from your home. If you stop making your mortgage payments the lender has the legal right to foreclose and recover any amounts owed to them.

Declaring bankruptcy will not stop a foreclosure but seeking help early on may help you manage your insolvency before it is too late. As long as you are able to continue making your mortgage payments you can avoid foreclosure.

Will Bankruptcy Stop Bailiff Enforcement Action?

Short answer = Sometimes. If there is a judgement against you for unpaid debts, the creditor can begin to take action towards seizing your personal property. This is done through a Civil Enforcement Agency that employs Bailiffs to collect on your outstanding debts. The Bailiff may be able to take away and sell property such as: your vehicle, your home, cash, luxury items, and jointly-owned possessions. In the case of unpaid debt, filing for bankruptcy would discharge the debt and there would be a “stay of proceedings”.

Civil Enforcement Agencies can get involved for different reasons, including unpaid child and spouse support, court orders (mentioned above), parking fines, unpaid rent, and unpaid taxes. There are non-dischargeable debts that do not go away with bankruptcy. These include any judgements involving:

  • child support or alimony
  • criminal penalties or fines
  • certain taxes
  • debts arising from fraudulent activity
  • death or injury caused by drunk driving
  • willful and malicious injury caused by the debtor

In these cases declaring bankruptcy will not prohibit a bailiff from continuing their duties.