Will I lose my house if I go bankrupt
Question: Do you lose your home in bankruptcy?
You may be asking yourself ‘Do I lose my house if I go bankrupt?’. We have your answers.
You won’t lose your house if you go bankrupt if you continue making your mortgage payments. The bank cannot foreclose or repossess your house if the payments are current.
Section 84.2(1) prevents secured creditors from repossession assets solely because you file personal bankruptcy.
For example: if you default on the payments for your mortgage then the bank can foreclose on your home.
If there is equity (your home is worth more than the mortgage debt on your home) then you will need to pay that equity to your Trustee in Bankruptcy for the benefit of your unsecured creditors.
In some provinces, there is protection for some of the equity in your principal residence. However, there is no protection for equity in your principal residence if you live in New Brunswick, Nova Scotia or Prince Edward Island.
For example: In Alberta, the first $40,000 of equity in your home is protected from unsecured creditors.
So to answer “Do you lose your house in bankruptcy Canada” – the answer is likely not, but of course it is more complicating than that. If you are having difficulty paying your debts you should contact a Trustee in Bankruptcy (Licensed Insolvency Trustee) to review your options.
Many are concerned about obtaining a mortgage after bankruptcy. While it is harder, they are not unobtainable.
Powell Associates Ltd. is a Licensed Insolvency Trustee. We are experienced, hands-on insolvency practitioners who understand the personal impacts of major financial stress;
You won’t be stuck in an assembly line process.
You will expect and receive prompt responses and resolution of issues from our supportive and experienced team.
We will review your debt solution options, including filing a consumer proposal or personal bankruptcy.
We help Canadians with overwhelming debt get fresh financial starts.
Once you file a consumer proposal or personal bankruptcy, we deal directly with your creditors on your behalf. Your unsecured creditors are required to stop contacting you or continuing legal proceedings against you. Contact us for a free consultation.
We offer free consultations to review your financial situation and practical debt resolution options. Contact us to discuss your situation over the phone, a video chat, or in-person in Saint John, Moncton, Fredericton, Charlottetown, Dartmouth, or Miramichi.
A consumer proposal is a debt relief solution legislated by the federal government. A consumer proposal allows you to consolidate your debt or settle your debt for less than you owe and with no interest charges.
Here are the top 10 benefits of a consumer proposal.
write-off part of your debts
stop collection calls
stop a wage garnishment
unfreeze your bank account
legally binding on all unsecured creditors
deals with CRA and payday loan companies
you keep your assets including your tax refund
reduce your monthly payment to something that is affordable
no interest on monthly payments
We work with you to craft an offer you can afford.
The cost of a consumer proposal is known upfront. What you pay is exactly, and only, what payment you negotiate with your creditors at the beginning of the consumer proposal process. Once you complete your payments and the terms of your proposal, your debts are eliminated. The debt eliminated also includes most, but not all, creditor judgments secured against any of your property.
A consumer proposal can only be filed with a Licensed Insolvency Trustee like Powell Associates Ltd. Learn how to file a consumer proposal or contact one of our offices today (Saint John, Moncton, Fredericton, Charlottetown, Dartmouth, or Miramichi) to talk about how a consumer proposal can help you get out of debt and avoid bankruptcy.
Contact Our Team about a consumer proposal
Debt Consolidation vs Consumer Proposal
If you have significant credit card debt, tax debts or other unsecured debts, you may be wondering if a debt consolidation loan, home equity loan or second mortgage are a good option to consolidate your debts.
An unsecured consolidation loan can be difficult to get if your credit score already reflects poor or too much credit. Even if you have equity in your home, it can be difficult to qualify for a home equity loan or second mortgage and the costs and interest rate can be significant.
Our debt professionals can help you review your debt restructuring options and compare the pros and cons of a new loan or second mortgage with making a formal, debt settlement offer to your creditors through a consumer proposal.
Book a free consultation to review your options
Filing Personal Bankruptcy
Personal bankruptcy should be a last resort, especially if you have already declared bankruptcy in the past but sometimes it is the right solution to help you get out of debt. Our licensed insolvency trustee can help you decide if filing bankruptcy is the best option to eliminate your debt.
No matter how serious the debt problem, remember there are debt relief options. At Powell Associates Ltd. you always talk to an expert. Consultations are free and we offer flexible appointment times.
Call our office 506-638-9220 or email us today.
A bankruptcy and consumer proposal can only be filed through a Licensed Insolvency Trustee. We are licensed by the federal government to help you deal with debt.
Ask us about your bankruptcy options
Debt problems don’t go away on their own. If you cannot afford to repay your debts on your own, as Licensed Insolvency Trustees we help you explore all your options and choose the solution that is best for you.
Break Free From Credit Card Debt
If you are only making minimum payments on your credit cards it will take you years to pay off your balances, if at all. We can help you consolidate your payments or make a settlement offer that can lower your credit card balances. Your credit cards are rolled into one reduced monthly payment.
This is not a new loan, it’s a government-approved interest-free debt settlement plan payable over up to five years.
Stop the Payday Loan Cycle
Payday loans cause financial stress because the interest accumulates faster than you can pay it off. Over time this eats away at your paycheque. Once you fall behind, payday lenders use aggressive collection tactics like calling your employer and garnishing your wages.
We can include payday loans in your program and help you break the payday loan cycle.
Get Tax Debt Relief
Only a Licensed Insolvency Trustee has the options that can help you reduce your tax debt liability. Tax debts are included in your debt settlement program with other debts and the penalties and interest will stop. If CRA has frozen your bank account or garnished your wages, we can reverse those actions.
Student Loan Debt Forgiveness
Looking for help resolving student loan debt? If you have been out of school for 7 years, your government student loan debt can be discharged through a bankruptcy or consumer proposal.
Eliminate High-Interest Installment Loans
You may have tried to consolidate or pay bills by taking out a high-cost financing loan. While these types of consolidation loans can help you deal with the immediate demand for repayment, they come with an interest rate of 39%, 49% and even 59%. Installment loans meant for those already in debt or with poor credit just postpone, rather than solve the problem.
Unsecured loans, whether owed to a bank, credit union or financing company can be eliminated with payments determined based on what you can afford.
Why Talk with a Licensed Insolvency Trustee?
If like many of our clients, you are struggling with debt, it is time to break the debt cycle by working with a Licensed Insolvency Trustee near you. We are licensed by the Government of Canada to help you with your debts.
We can help you break free from debt.
If you would like help becoming debt free, call our team today:
Saint John (506-638-9220)