Popular information questions

by Rebecca Martyn on April 28, 2015

informationAs a bankruptcy Trustee, I receive many calls and emails from people just looking for information. I thought I would share a few of the most popular information questions.

1. Q.  I don’t live in Canada. Can I still file bankruptcy in Windsor?

A. In order to be able to file for bankruptcy you need to be residing, working or have property in Canada. If none of this applies, they you are not eligible to file. In addition you are required to attend meetings at the Trustee’s office. If you want help dealing with your debt, contact a local credit counselling agency in your area or one that operates in Canada.

2. Q.  I filed bankruptcy with someone else. Can you help me get my discharge?

A. Unfortunately not.  We don’t have your information so you will need to deal with your Trustee. Or, contact a lawyer to make a motion to court to get your discharge.

3. Q.  I recently filed bankruptcy with someone else, but I want to switch to you. Can I do that?

A. No, you have to deal with your original Trustee. If you have concerns about the way your bankruptcy or consumer proposal is being handled, contact the Office of the Superintendent of Bankruptcy.  They will investigate your concerns and work with you and your Trustee to try and get them resolved.

4. Q.  Will filing bankruptcy affect my eligibility for “x”.

A. You will need to contact “x” to find out.

It is always best to talk to the source directly. I have been asked about eligibility for a gaming licences, osap and sponsorship to name a few.

5. Q.  Someone who owes me money filed for bankruptcy and I have concerns, what should I do?

A. Contact their Trustee and put your concerns in writing. If you are still not satisfied, contact the Office of the Superintendent of Bankruptcy.

6. Q.  I met with someone else, but didn’t feel comfortable in the meeting. Can I come in and see you?

A. Yes.  You are under no obligation to file for bankruptcy or a consumer proposal after you meet with a Trustee. If you want to file for bankruptcy or a consumer proposal, you can deal with whichever Trustee you want.  If you meet with someone and feel pressured, that is a good sign to speak with someone else.  If someone wants money before they will meet with you, that too is a sign to talk to someone else.  Your first meeting with us is free.

7. Q. Are you a lawyer?

A. No. In Canada, bankruptcies are administered by Licenced Bankruptcy Trustees. After passing a series of exams, we receive our licences from the Federal Government. I am also an accountant, although it is not necessary to be one to become a Trustee.

8.  Q.  Is there a charge to meet with you?

A.  No.  There is never a charge to meet with me.  If you need more than one meeting before making your decision to file a consumer proposal or bankruptcy, those are free as well.



Rebecca Martyn is a bankruptcy trustee and consumer proposal administrator responsible for the Hoyes, Michalos & Associates office in Windsor, Ontario.

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