Canada Law
Ask a Canada Law Question, Get an Answer ASAP!
Connect one-on-one with {0} who will answer your question
Answered in 1 day by:
2/1/2010
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
VerifiedHello,
The new law that came in force in September 18, 2009 sets out specific guidelines on how to calculate the cost and how long you will be in bankruptcy protection. Very roughly:
If this is your first bankruptcy and you have:
Therefore, depending on the size of the debt, whether this is your first bankruptcy and your income it is entirely possible that the amounts payable for the bankruptcy would have increased dramatically with introduction of the new legislation.
Regards
The new law that came in force in September 18, 2009 sets out specific guidelines on how to calculate the cost and how long you will be in bankruptcy protection. Very roughly:
If this is your first bankruptcy and you have:
- Fulfilled all your duties under the act and do not have "excess income" you will receive a nine (9) month automatic discharge and the monthly payment required is less than $100.00
- Fulfilled all your duties under the act and do have "excess income" you will receive a twenty-one (21) month (or more if the court decides) automatic discharge and monthly payments would be $100.00 or greater (as determined by the court).
- Fulfilled your duties under the act and do not have excess income, bankruptcy discharge is in twenty-four (24) months and the required monthly payments would be less than $100.00/month)
- Fulfilled your duties under the act and do have excess income, bankruptcy discharge is in thirty-six (36) months and the required monthly payments would be $100.00/month or greater)
Therefore, depending on the size of the debt, whether this is your first bankruptcy and your income it is entirely possible that the amounts payable for the bankruptcy would have increased dramatically with introduction of the new legislation.
Regards
Hello,
While your wife and you are separated you are not divorced so, as you are filing for bankruptcy jointly the responsibility to pay would fall on both of you jointly (and as you are the only able to pay, then it falls to you).
Its not an issue of punishment. The Bankruptcy Law is only aimed at permitting consumers to clear their finances while ensuring that creditors receive a fair amount of compensation. Therefore the payment is based on the amount of debt and, amongst the two you are the one who is solvent and able to pay.
And yes, if you paid the fees she, too, would be discharged as you have applied jointly for bankruptcy.
Regards
While your wife and you are separated you are not divorced so, as you are filing for bankruptcy jointly the responsibility to pay would fall on both of you jointly (and as you are the only able to pay, then it falls to you).
Its not an issue of punishment. The Bankruptcy Law is only aimed at permitting consumers to clear their finances while ensuring that creditors receive a fair amount of compensation. Therefore the payment is based on the amount of debt and, amongst the two you are the one who is solvent and able to pay.
And yes, if you paid the fees she, too, would be discharged as you have applied jointly for bankruptcy.
Regards
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
VerifiedD.A.M. and 87 other Canada Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a lawyerLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Canada Law Questions
I have recently separated living as common law since June
I have recently separated living as common law since June 2017. We have one child and are having joint custody. My ex does not work but is getting paid from a previous marriage child support and spous… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
In October 2015 I purchased a home with my common law wife
In October 2015 I purchased a home with my common law wife we are both on the registered documents. The following month we separated and she left the home on Feb 28th 2016. I have maintained the home … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Q. The following is a statement of Claim. What are the
Q. The following is a statement of Claim. What are the chances of success? STATEMENT OF CLAIM 1. On September 05, 2012, the Plaintiff engaged the Defendant, in good faith, in the case of bankruptcy, a… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
In common law situations whereby one partner refuses to
In common law situations whereby one partner refuses to accept the fact the relationship is over, has a history of abuse ,both physical and verbal. How can the other partner remove him? The house is i… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
What should I do in order to protect myself if I decide to
What should I do in order to protect myself if I decide to move in with someone, I own my own house, have one child, I am not sure of what I would need in writing for an agreement? Would I have to hav… read more
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I have a few questions regarding a common law separation.
I have a few questions regarding a 'common law' separation. Here are some brief facts. I entered into a relationship with a man October 1998. We rented a house and shared the living expenses equally u… read more
Tom B.
Lawyer
LLB Bachelor of Laws
2,264 satisfied customers
I just asked my family lawyer for a breakdown of legal fee
I just asked my family lawyer for a breakdown of legal fee from an uncontested custody case from Sept 09. She sent me the breakdown along with a bill for an additional $3400, saying that they had forg… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
If I dont receive child support for a 18 y.o. child that no
If I don't receive child support for a 18 y.o. child that no longer lives with me, am I expected to contribute to post-secondary expenses? (She has lived with other parent since she was 16 y.o. and ch… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I own my house in my name only, and my common law who does
I own my house in my name only, and my common law who does not have his address at this house or taxes or drivers licence or job info, but gives money to me to live at my address, does he have any rig… read more
Harv
836 satisfied customers
HELLO, I AM GOING TO FILE FOR BANKRUPTCY. I LIVE IN MONTREAL,
HELLO, I AM GOING TO FILE FOR BANKRUPTCY. I LIVE IN MONTREAL, QUEBEC. I UNDERSTAND THAT SINCE THIS IS MY FIRST TIME FILING FOR A BANKRUPTCY THAT I CAN HAVE A 9 MONTH DISCHARGE. WHAT EXACTLY IS THE MON… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
How difficult is it to get Child Support payments reduced from
How difficult is it to get Child Support payments reduced from the statutory amount because of a considerable reduction in salary? right now I am paying $753.00 per month based on Annual $50,000 gross… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I am in the middle of preparing for meeting with my ex-wifes
I am in the middle of preparing for meeting with my ex-wifes lawyer in regards XXXXX XXXXX Support; Marital Property and Assets and Divorce. I am unable to afford a lawyer to represent me and because … read more
Ulysses101
Litigator, Barrister and Solicitor
LLB
4,888 satisfied customers
My girlfriend is in the process of getting her divorce in Manitoba,
My girlfriend is in the process of getting her divorce in Manitoba, Canada. The year of separation is up in September. I am from the UK and have been having a relationship with her online since June 2… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I am currently paying monthly child support. My daughter turned
I am currently paying monthly child support. My daughter turned 18 in October 2008 and graduated from high school In February 2009. She is enrolled at college in a 2 year program beginning in Septembe… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Me and my ex-girl friend separated. We had bought a new house
Me and my ex-girl friend separated. We had bought a new house together. I put a down payment of $ 100,000 and she did not put any money down. She has since left the house February 1st, 2009, rented a … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Hi, I started a i year contract job at a yearly rate of $58300.00
Hi, I started a i year contract job at a yearly rate of $58300.00 on December 2008. I settle for child support on April 2008. However my support is based on $58300.00 as per my contract, but I have do… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
My partner and I separated on Nov 20, 2007. We had lived together
My partner and I separated on Nov 20, 2007. We had lived together since June 1989. That house was bought by me more than 2 years previous and is in my name only. A few years later, we took out a 2nd &… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
My wife and I have been married for only 18 months. We were
My wife and I have been married for only 18 months. We were married in March 2008. I had 55k equity in a house, she was renting. She moved in when we married, and in Feb 2009, we used my equity, plus … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.
Canada
This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.
Halifax, NS
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
< Previous | Next >
Meet the Experts:
LawyerProfessor
Lawyer
838 satisfied customers
Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
Debra
Lawyer
95,455 satisfied customers
Lawyer
Daniel Freudman
Lawyer
3,178 satisfied customers
Lawyer
ToLawyer
Lawyer
3,082 satisfied customers
Lawyer
JJL11
Lawyer
1,432 satisfied customers
Licensed to Practice law in Ontario for over 25 years.
Jeremie John Martin
Lawyer
1,300 satisfied customers
I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
Counsel Creed
Lawyer
859 satisfied customers
associate at GTA law firm
< Previous | Next >
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
