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NEW BANKRUPTCY
Legislation
Effective
September 18, 2009
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New Canadian bankruptcy laws will go into force
on September 18, 2009.
The new laws aim to make the insolvency system fairer and to
reduce the potential for abuse, while respecting the fundamental
objective of providing a fresh start to the honest, but unfortunate,
debtor. Some of the changes that are scheduled to go into
force on September 18, 2009 are:
Consumer Proposal - debt threshold increase.
A consumer proposal may be filed by someone with up to $250,000 in
debts, excluding mortgages on their principal residence. The
current threshold is $75,000.
Surplus Income – mandatory payments.
First-time bankrupts who have surplus income will be required to
contribute a portion of the surplus to their estate for 21 months
and second-time bankrupts will be required to contribute for 36
months, subject in both cases to a change in circumstances affecting
income.
Bankrupts with High Income Tax Debt - will not be eligible for an
automatic discharge.
Bankrupts with personal income tax debt which exceeds $200,000, or
represents 75% or more of total unsecured proven claims will have to
seek a Court Order to be discharged from their debts. This is
to prevent the use of bankruptcy by high-income individuals as a
strategy to avoid large income tax debt.
Discharge of Second-Time Bankrupts – time period extension.
Second-time bankrupts are eligible for an automatic discharge after
24 months (36 months if they have surplus income).
Ipso Facto Clauses – will apply to bankruptcies.
The protection afforded to debtors under Division I and II proposals
against the impact of "ipso facto" clauses (a clause that allows a
creditor to terminate an agreement on the basis of the filing of a
proposal) will be extended to bankruptcies. This will insure
consumers have access to basic services such as electricity, gas,
telephone, and leases after bankruptcy.
Secured Loans - cannot be terminated when personal bankruptcy is
filed.
There will be the option to continue to pay the secured loan and
keep the asset if payments are up to date and absent of any other
defaults.
Please feel free to call me and discuss any of these new changes.
Joel Easter
Vice President, Trustee
Scott and Pichelli Limited
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