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I am a Canadian citizen residing in the US. Can I file for bankruptcy in Canada even though I live in the USA?

I am a Canadian citizen living in the USA. I am not working for now and having some financial difficulties. Can I file bankruptcy with my Canadian creditors even if I live in the states?

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To learn about bankruptcy in Canada, start with the Office of the Superintendent of Bankruptcy Canada home page. The key resource for you is the declaring bankruptcy page, which outlines the steps a debtor needs to take to file for bankruptcy in Canada. If you are a debtor, be sure to review the resources for debtors page.

The Canada Revenue Agency Bankruptcy page and the Bankruptcy Assistance Program are also good resources.

In Canada, the Bankruptcy and Insolvency Act (R.S., 1985, c. B-3) covers the law of bankruptcy. The BIA makes references to foreign corporations filing for bankruptcy, but I could find no laws concerning a requirement for a private person to be residing in Canada as a condition of filing bankruptcy. I hasten to add that I am not a Canadian lawyer, and you should consult with a Canadian lawyer who has experience in bankruptcy for a more precise answer.

To learn more about the relationship between US and Canadian credit reports, see the Bills.com resource Canada Credit Report.

I hope this information helps you Find. Learn & Save.

Best,

Bill

www.bills.com/

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14 Comments

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  • GS
    Jul, 2012
    Ginger
    Thanks so much for posting this! Everyone knows that bankruptcy is a slippery slope. You really need to be careful when filing for bankruptcy, because you never really know what will happen.
    0 Votes

  • SM
    Jun, 2012
    Sophie
    There are a lot of great comments in here! I've been trying to decide if I want to find credit counseling to help me out (the last year was hard for everyone). From everyone's experience, I think it's a good option. It will at least keep me informed, right? Thanks for the article and the comments!
    1 Votes

  • MS
    Apr, 2012
    Moe
    Thank you so much for these excellent responses. I was going to ask a question about bankruptcy, but everything that I needed was covered in the links provided and in the comments. Thanks again!
    1 Votes

  • BK
    Nov, 2011
    Beth
    I am in the opposite situation. I owe about 20K credit card debt. I am a born Canadian citizen, naturalized American, living in Canada, with no plans to return to the USA soon. Can I file for bankruptcy in the USA, and will that affect my credit and credit cards in Canada? Thanks!
    0 Votes

    • BA
      Nov, 2011
      Bill
      You do not need to be present in the US to file US bankruptcy.

      You will, however, need to tell the court your address in documents you swear are accurate. It is unclear to me if Canadian consumer credit reporting agencies (credit bureaus) pay any attention to US public records. If they do, then your US bankruptcy may impact your credit report and credit score in Canada. If they ignore US public records, or otherwise never learn of your bankruptcy, then the US bankruptcy will have no impact on your Canadian credit score.
      1 Votes

  • BA
    Mar, 2010
    Bill
    Thanks for sharing Ira.
    1 Votes

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