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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99992
Experience:  Lawyer
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I just moved back to Canada from 35 years in the USA and

Customer Question

I just moved back to Canada from 35 years in the USA and would like to know if I can file for Bankruptcy in Canada. Gilles Leclair
JA: What state are you in? And has anything been officially filed?
Customer: I am living Quebec, nothing as bee filed
JA: Have you talked to a lawyer yet?
Customer: I spoke to Lawyers in Tennessee and in Montreal and they were not interested
JA: Anything else you think the lawyer should know?
Customer: I owe $22,000.00 in credit cards and bank loans
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 11 months ago.

Are you debts in Canada or the US?

Customer: replied 11 months ago.
Gilles.All debts are in the USA. I just want an answer to my original question. Can I file bankruptcy in Canada? I don't want to spend more money until I get answer.
Expert:  Debra replied 11 months ago.

I don't know what you mean about spending more money but if it is about the phone call that the site is pushing I cannot do phone calls anyway as I am a lawyer in Canada and we cannot speak on the phone to the customers.

And you are not charged for going up and back with me.

You can declare bankruptcy in Canada but it has no effect on any debts in the US.

I am sorry if you hoped it would but a bankruptcy in Canada only wipes out debts in Canada.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 11 months ago.
Thank you for clearing up filing bankruptcy in Canada for USA debts You really answered that question.I do have another question, Can I ignore the USA debts as long as I stay in Canada any idea what the consequences could be. Thank you again for any comment you may have. Gilles Leclair
Expert:  Debra replied 11 months ago.

I don't know the law in the US. So I can't tell you whether anyone will come after you from the US.

But what I can tell you, unfortunately, is that the US and Canada are reciprocating jurisdictions. That means that if someone obtains a judgment against you in the US they can seek to enforce it against your assets in Canada. They could also seek to garnish your wages.

For this reason it may make sense for you to consult with a trustee in bankruptcy or bankruptcy lawyer in the US.