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Call the Alberta bankruptcy professionals at Grant Thornton Alger Inc. TOLL FREE from anywhere in Alberta at 310-8888. We're here 7 AM to 9 PM weekdays and 9 AM to 6 PM on Saturday and Sunday to take your call. FREE initial consultation.
FREE initial consultation to discuss bankruptcy, consumer proposals to creditors, debt consolidation, and other options.
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We'll discuss personal bankruptcy and other options that may be available to you. After hour appointments at our Alberta bankruptcy offices are available. Our conversation with you will be private and confidential.
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Please begin your Alberta bankruptcy application by applying online. Fill out our secure online Alberta Personal Bankruptcy Form. The information you give us will help us to assess your financial situation and determine your best course of action.
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We are an Alberta Bankruptcy Trustee with over 25 years experience.
Personal bankruptcy in Alberta is a complex legal process. If you live in Alberta and are considering bankruptcy we suggest you contact an Alberta Bankruptcy Trustee to fully review your situation. Licensed by the federal government, these Bankruptcy Trustees offer free initial consultations to answer any of your questions regarding bankruptcy or other financial options that may be available to you.
Our qualified Alberta bankruptcy trustees are familiar with all aspects of Canadian bankruptcy law. Call us or come into any one of our 10 Alberta bankruptcy locations for a free consultation about personal bankruptcy and bankruptcy proposals for Alberta residents. Our Alberta bankruptcy trustees will help solve your money problems and address any debts or other concerns that might lead to personal bankruptcy. We'll discuss all your options, not just bankruptcy. You may be able to avoid bankruptcy by filing a Consumer Proposal in Alberta.
This site provides free information about personal bankruptcy in Alberta, including answers to common personal bankruptcy questions.
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Bankruptcy Alberta News
April 12, 2012
Canadians continued to heap on debt in first quarter
"Canadians are continuing to heap on non-mortgage debt, despite warnings about the perils of cheap borrowing from top officials, according to a consumer credit study released Thursday."
Read more ...
March 20, 2012
Canada's economy poised for another year of solid growth in 2012: RBC Economics
"At this point, the low interest rate environment is keeping the cost of servicing debt manageable. We haven't seen any significant increase in consumer bankruptcies or a surge in mortgage delinquencies," explained Wright.
Read more ...
Feb. 25, 2012
How to protect your retirement funds from creditor claims
Canadians who own registered retirement savings plans recognize the critical importance of building and maintaining value within their RRSPs. But comparatively few think about the need to protect their RRSP against potential creditors, or understand the degree to which they are covered could depend on the jurisdiction in which they reside.
Read more ...
February 23, 2012
The Bank of Canada is warning the financial security of many Canadians is built on a house of cards.
The Bank of Canada also notes that increasing debt levels have made Canadians more vulnerable to bankruptcies and insolvencies. Since 2000, about 100,000 Canadians a year have filed for insolvency or bankruptcy, triple the number in the 1980s.
Read more ...
October 12, 2010
Slightly more Canadians filed for personal bankruptcy or consumer proposal in August than in July, but there were dramatically fewer insolvencies compared with the same month last year. The Office of the Superintendent of Bankruptcy says the total number of bankruptcies and the consumer proposal form of creditor protection in Canada rose 1.9 per cent in August from July.
Read more ...
September 21, 2010
Bankruptcies - The total number of insolvencies (bankruptcies and proposals) in Alberta decreased more than 20 per cent in July compared with a year ago, and by nearly 18 per cent from the previous month, according to the Office of the Superintendent of Bankruptcy Canada.
Read more ...
March 3, 2010
Personal bankruptcies reach record high in 2009
Personal bankruptcies and proposals hit a record high in Canada in 2009 as incomes fell and debt rose, government figures showed, creating a “ticking time bomb” for the economy.
Read the article ...
March 3, 2010
A sharp increase in bankruptcy filings across the country, especially in Alberta last year, has raised concern about the debt level of Canadians.
Read the article ...
January 21, 2010
Alberta leads country in bankruptcies
The number of individuals and businesses claiming bankruptcy appears to be levelling off in Alberta, the latest national insolvency data indicates.
Read the article ...
Common Questions and Answers about Alberta Bankruptcy
Who can file bankruptcy or make a proposal in Alberta?
Will bankruptcy in Alberta get rid of all debts?
What is the bankruptcy fee in Alberta?
Do I have to pay the bankruptcy fee up front?
Can my creditors continue to harass me after I file bankruptcy in Alberta?
Will I be able to keep my vehicle?
If I file bankruptcy in Alberta, can I still pay my family and friends?
Will you tell my employer that I filed bankruptcy?
Do I still handle my own money?
What happens to my credit cards?
Will I be able to get credit in the future?
Do I have to be living in Alberta, or in Canada, to file bankruptcy?
What if I win a lottery or receive an inheritance while in bankruptcy?
Can I file bankruptcy more than once?
What happens to my R.R.S.P. and/or pension plan if I declare bankruptcy?
Will I lose everything if I file bankruptcy in Alberta?
Are there different types of proposals?
Who can make a consumer proposal in Alberta?
What is the cost of filing a consumer proposal in Alberta?
How is my consumer proposal accepted by the creditors?
What happens if my proposal is not accepted?
What if I owe more than $75,000?
Do I require a lawyer if I go bankrupt or make a proposal?
What about my secured creditors if I go bankrupt in Alberta?
Who can file bankruptcy or make a proposal in Alberta?
You can file bankruptcy or make a proposal in Alberta if:
you are not presently in bankruptcy and;
you owe at least $1,000 and;
you are not able to meet your regular payments as they become due; or
you would not be able to pay all of your debts if all of the assets you are not allowed to keep are sold.
Your company, partnership, or business may also file bankruptcy or make a proposal if it meets the above requirements.
You should be aware that any unsecured creditor to whom you owe more than $1,000 could try to force you into bankruptcy. This is called a petition in bankruptcy. In this case, the creditor must prove that you have committed an act of bankruptcy, such as not paying your bills as they came due. The court reviews the facts and, if the petition is allowed, issues a receiving order which places you in bankruptcy with a trustee selected by the petitioning creditor.
Will bankruptcy get rid of all debts?
Most debts, but not:
secured debts (eg. mortgage or car loan);
child support, maintenance, alimony
Court fines, penalties and traffic offences
debts obtained by fraud or fraudulent misrepresentation
student loans, for bankruptcy filings after July 7 2008, if less than seven years since leaving university or college
civil claims arising from personal or sexual assualt
What is the bankruptcy fee in Alberta?
The bankruptcy fee in Alberta is dependant on your particular circumstances. It will be explained to you by a trustee once your situation has been reviewed. All fees are set by the government and are the same for all trustees across Canada.
Do I have to pay the bankruptcy fee up front?
No, there are a number of ways to pay the fee, such as monthly payments or by having a third party pay the fee for you.
Can my creditors continue to harass me after I file bankruptcy in Alberta?
No, they may call you, but you should direct their questions to us.
Will I be able to keep my vehicle?
Alberta Provincial law allows a person filing bankruptcy to keep the equity in a motor vehicle not exceeding $5,000.
Can my wages be garnished or my assets seized after I file bankruptcy in Alberta?
Normally, all legal proceedings against you stop at the date of bankruptcy.
If I file bankruptcy in Alberta, can I still pay my family and friends?
No, while you are in bankruptcy you are only responsible for paying your ongoing living expenses. All payments to any of your unsecured creditors stop.
Will you tell my employer that I filed bankruptcy?
No, that is your business.
Do I still handle my own money?
Yes, you continue to receive your income and you can have a bank account if you wish.
What happens to my credit cards?
Your credit cards must be given to the Trustee, except in certain, extremely rare cases.
Will I be able to get credit in the future?
That will depend on your earning and repayment ability and will be between the lender and you.
Do I have to be living in Alberta, or in Canada, to file bankruptcy?
No, as long as you lived or carried on business in Canada in the last 12 months you may file bankruptcy.
What if I win a lottery or receive an inheritance while in bankruptcy?
Any "windfall" must be given to the Trustee to distribute to your creditors. If there is any money left over, it will be returned to you.
Can I file bankruptcy more than once?
Yes, but it may be harder to get out of bankruptcy after the first time.
What happens to my R.R.S.P. and/or pension plan if I declare bankruptcy?
Depending on the type of plan you have, it may be protected from seizure by Provincial law. If not, it must be paid over to the Trustee to distribute to your creditors.
Will I lose everything if I file bankruptcy in Alberta?
In Alberta, what you are entitled to keep is determined by the Civil Enforcement Act. In summary, you are generally able to keep the following property:
Food required by you and your dependents during the next 12 months.
Necessary clothing up to a value of $4,000
Household furnishings and appliances to a value of
$4, 000
One motor vehicle not exceeding a value of $5, 000
Medical and dental aids required by you and your dependents.
Where you are a bona fide farmer and your principal source of livelihood is farming:
160 acres if your principal residence is located on that 160 acres and the 160 acres is part of your farm.
The equity in your principal residence, including a mobile home, up to a value of $40,000. If you are a co-owner of the residence, the amount of the exemption is reduced to an amount that is proportionate to your ownership interest.
Personal property (i.e., tools, equipment, books) that you require to earn income from your occupation up to a value of $10,000.
Where your primary income is from farming operations, personal property that you require for the proper and efficient conduct of your farming operations for the next 12 months.
Federal Legislation also allows you to keep:
cash surrender value of life insurance policies (including some R.R.S.P.'s) where the beneficiary named is the spouse, child, parent or grandchild.
generally, pension plans.
Are there different types of proposals?
Yes, there are two types: consumer proposals and proposals under Division 1 of the Bankruptcy and Insolvency Act.
Who can make a consumer proposal in Alberta?
An insolvent person whose debts are less than $75,000, not including their home mortgage.
What is the cost of filing a consumer proposal?
The fees are set by the government and are the same across Canada.
How is my consumer proposal accepted by the creditors?
Your creditors have 45 days in which to respond to your proposal. If no creditors respond or your creditors vote yes, your proposal is approved pending Court approval. However, if more than 25% of your creditors vote no a meeting must be held in which your creditors vote whether or not to accept your proposal.
What happens if my proposal is not accepted?
You will no longer be protected by the Bankruptcy and Insolvency Act and your creditors will be able to take legal steps to recover their debts from you. The option of filing an Assignment in Bankruptcy is still available.
What if I owe more than $75,000?
You may file a proposal under Division 1. If this proposal is rejected by your creditors, automatic bankruptcy results. The fees are based on the Trustee's time charges as opposed to a fee set by the Government.
Are my spouse's assets or debts included in my bankruptcy or proposal?
No. Only assets owned by you are included. If assets are jointly owned, then your portion may have to be sold. If most of your assets and debts are joint with your spouse, then it may be appropriate for a joint bankruptcy or consumer proposal to be made.
Do I need a lawyer if I go bankrupt or make a proposal?
Generally, you do not require a lawyer to go bankrupt. If you feel the need for legal advice and cannot afford a lawyer, legal aid may be available.
What about my secured creditors if I go bankrupt in Alberta?
In most cases, bankruptcies and consumer proposals do not affect the rights of secured creditors. If a creditor has a valid security against your property (i.e., car or house), and if you can afford monthly payments, financial arrangements may be made with the secured creditor to keep the property and continue paying for it.
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