File Bankruptcy in Canada

You can file bankruptcy or make a proposal in Canada if:

• you are not presently in bankruptcy and;
  
  

• you are not able to meet your regular payments as they become due; or
  
  

• you owe at least $1,000 and;
  
  

• you would not be able to pay all of your debts if all of the assets you are not allowed to keep are sold.

Any unsecured creditor to whom you owe more than $1,000 could try to force you into bankruptcy. This is called a petition in bankruptcy. In this case, the creditor must prove that you have committed an act of bankruptcy, such as not paying your bills as they came due. The court reviews the facts and, if the petition is allowed, issues a receiving order which places you in bankruptcy with a trustee selected by the petitioning creditor.