If you’re having financial trouble, there are numerous bankruptcy laws in Canada to help you get a fresh beginning. Some of the laws were established by the federal government and others had been put into place by your province or territory. All of these bankruptcy laws, though, work to preserve your rights and the rights of one’s creditors, or the men and women you borrowed funds from.
Federal Law
You will find two major pieces of legislation that govern bankruptcies in Canada – the Bankruptcy and Insolvency Act along with the Companies Creditors Arrangement Act.
The Bankruptcy and Insolvency Act
The Bankruptcy and Insolvency Act (BIA) was established by the federal government to assist unfortunate, but honest individuals recover from their financial issues and have a fresh financial beginning. This law details the responsibilities and rights of all the persons involved in solving debt problems – the Superintendent of Bankruptcy, the official receivers who represent the Superintendent of Bankruptcy, the court, licensed bankruptcy trustees, and also you, the consumer.
The BIA governs all bankruptcies in Canada. For more facts about the BIA, visit our page about theBankruptcy and Insolvency Act. You could also read the BIA on the internet on the federal governments website.
The Companies Creditors Arrangement Act
The Companies Creditors Arrangement Act (CCAA) is a federal bankruptcy law that governs insolvency of businesses and corporations. Essentially, it preserves the rights of the firm and creditors, or men and women they owe cash to, and details the responsibilities of the court, the corporation, as well as the creditors.
It is separated into three parts:
1.Compromises and Arrangements – governs agreements between the organization and creditors for debt repayment
2.Jurisdiction of Courts – governs the powers and responsibilities of the court, and discusses the courts role in international insolvencies
3.General – discusses how this act interacts with other acts along with other details not covered in the other sections.
For facts in regards to the CCAA, you are able to read the act on the internet, or get in touch with a licensed bankruptcy trustee inside your location.
Provincial Law
Every single province has certain laws for dealing with bankruptcy and debt options. These laws frequently deal with what property you are able to keep if you go bankrupt, and the best way to manage your assets and earnings during the period of bankruptcy.
There are a list of laws that have an effect on bankruptcies in every province and territory. There are hyperlinks to the laws on-line, too as a link to a brief explanations on all the laws in regards to the territories they belong to. Keep in mind, though, that the information you find on line must not be employed as a substitute for a licensed trustee, as this details changes frequently and could be applied differently to your circumstance. You could contact a trustee who could arrange a totally free. Contact your licensed bankruptcy trustee in Canada to talk about your options and how these laws apply to you.
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About the Author:
Andre Gabbay & Associs Inc. is a syndic de faillite Montreal or Montreal bankruptcy trustee firm providing services in bankruptcy consultation, consumer proposals, debt consolidation and much more.
If you’re interested in services for syndic de faillite, or bankruptcy, contact Andre Gabbay and Associes for more information on their services.
