The Bankruptcy and Insolvency Act (BIA) is a cornerstone of Canada’s financial legal framework, providing individuals and businesses with a structured way to address unmanageable debt. It’s the legislation that forms the backbone of the legal process of filing both bankruptcy and consumer proposals. The Bankruptcy and Insolvency Act itself is a long and complex document, but in this article we summarize the most important information that you need to know. Whether you’re exploring options to get out of debt or want to understand your rights and responsibilities, here’s what you need to know about the BIA and how it impacts your financial journey.
What is the Bankruptcy and Insolvency Act?
The Bankruptcy and Insolvency Act is a federal law that governs insolvency procedures in Canada. It provides the legal framework for:
- Filing for personal or business bankruptcy.
- Initiating a consumer proposal or division I proposal to manage debts.
- Ensuring fair treatment for creditors while offering debtors a fresh start.
- Regulating Licensed Insolvency Trustees (LITs), professionals authorized to administer insolvency processes.
Key features of the Bankruptcy and Insolvency Act
Here are the primary features of the BIA that you need to know about:
1. Protecting debtors and creditors
The BIA ensures a balance between the rights of debtors and creditors. It allows individuals and businesses to manage their debts while ensuring creditors receive fair treatment. For example, creditors cannot take further legal action against you once a bankruptcy or consumer proposal is filed.
2. Options beyond bankruptcy
While the BIA outlines the process for declaring bankruptcy, it also offers alternatives such as:
- Consumer proposals: a legally binding agreement to settle debts with creditors, typically by paying back a portion of the total owed over a set period.
- Division I proposals: designed for larger debts, these work similarly to consumer proposals but apply to higher debt levels.
These options allow individuals to avoid bankruptcy while managing their financial obligations.
3. Licensed Insolvency Trustees (LITs)
LITs play a vital role in the BIA. They are the only professionals authorized to administer bankruptcy and proposal proceedings in Canada. Working with an LIT ensures that your case follows the law, protecting your rights while helping you manage your debt effectively.
4. Exemptions in bankruptcy
Bankruptcy under the BIA includes exemptions that allow you to keep essential assets. These exemptions vary by province but often include:
- A portion of your income.
- Necessary clothing, household furnishings, and tools of the trade.
- A vehicle up to a certain value.
5. Surplus income payments
The BIA establishes guidelines for surplus income payments, which are additional payments required if your income exceeds a certain threshold. These payments are designed to ensure that individuals who can contribute more to their debts do so during the bankruptcy process.
Why does the Bankruptcy and Insolvency Act matter for Canadians?
Understanding the BIA is essential for anyone struggling with debt. It offers a clear, legal process to resolve financial challenges while protecting you from harassment by creditors. Whether through bankruptcy or alternative solutions like a consumer proposal, the BIA provides the framework for a fresh financial start.
When should you consider solutions in the Bankruptcy and Insolvency Act?
If you’re overwhelmed by debt and unable to keep up with payments, it may be time to explore options under the BIA. Signs that you might benefit from consulting a Licensed Insolvency Trustee include:
- Receiving frequent collection calls or notices from creditors.
- Falling behind on mortgage or loan payments.
- Using one credit card to pay off another.
- Feeling like your debt is unmanageable.
How Spergel can help
At Spergel, we specialize in helping Canadians navigate the options available under the Bankruptcy and Insolvency Act, and have done for over 35 years. Whether you’re considering a consumer proposal, bankruptcy, or just exploring your financial options, our experienced Licensed Insolvency Trustees are here to guide you. We’ll take the time to understand your unique situation and help you choose the best path forward. As the ‘get rid of debt’ people, Spergel has helped over 100,000 Canadians regain control of their finances, and we’re here to help you too.
Bankruptcy and Insolvency Act: FAQs
Here are some of the most common questions we are asked about the Bankruptcy and Insolvency Act:
What is the difference between bankruptcy and insolvency in Canada?
The key difference between bankruptcy and insolvency in Canada lies in their definitions and processes. Insolvency is a financial state where an individual or business cannot meet their debt obligations as they come due, or their liabilities exceed their assets. It does not involve legal proceedings on its own. Bankruptcy, on the other hand, is a formal legal process under the Bankruptcy and Insolvency Act (BIA), where an insolvent person or business assigns their assets to a Licensed Insolvency Trustee to settle debts and gain legal protection from creditors. In short, insolvency is a financial condition, while bankruptcy is a legal solution to address insolvency.
How can I avoid bankruptcy in Canada?
To avoid bankruptcy in Canada, consider alternatives like a consumer proposal, where you negotiate to pay a portion of your debt over time with creditor approval, or a debt consolidation loan, which combines multiple debts into a single manageable payment. Creating a detailed budget and exploring credit counselling can also help you regain control of your finances. Working with a Licensed Insolvency Trustee (LIT) can provide personalized advice and solutions to manage your debt without filing for bankruptcy.
If you want to learn more about the Bankruptcy and Insolvency Act, or are looking to take control of your debt today, speak to Spergel. Our experienced Licensed Insolvency Trustees have helped over 100,000 Canadians become debt free. Book a free consultation with us today – you owe it to yourself.
