As a renter in British Columbia (BC), it is crucial to understand your rights concerning bankruptcy. This comprehensive guide serves as a resource for such challenging times, offering a wealth of knowledge on bankruptcy laws and their implications for tenants in BC.
Crowe MacKay & Company’s Licensed Insolvency Trustees in Vancouver and Surrey provide a comprehensive overview of bankruptcy, focusing on its implications for renters in British Columbia, including the process of filing, impact on various aspects of life, special considerations for international students, and consumer proposals as an alternative. If you require assistance, contact our team in Vancouver and Surrey to start your debt relief journey.
Understanding Bankruptcy
Bankruptcy is a legal process that relieves individuals who cannot meet their debt obligations and gives them a fresh financial start. Filing for bankruptcy can eliminate unsecured debts like credit card bills and personal loans. The process is overseen by a Licensed Insolvency Trustee who ensures the fair distribution of the debtor’s assets to their creditors.
Understanding the difference between a consumer proposal and bankruptcy is essential. While both methods relieve debt, a consumer proposal allows you to pay off some of your debts over time, while bankruptcy leads to liquidating assets to repay debt.
What to Expect During Personal Bankruptcy
Bankruptcy Rights for Renters in BC
In BC, renters have specific rights when declaring bankruptcy. While landlords can evict tenants for unpaid rent, they can’t do so solely because of bankruptcy. A Stay of Proceedings takes effect upon filing bankruptcy, meaning any legal proceeding initiated must be stopped. This includes lawsuits and notices of eviction. Filing bankruptcy will impact your credit report, making it harder to rent properties in the future but not impossible.
The Process of Filing Bankruptcy in BC
Filing for bankruptcy involves several steps, starting with meeting a Licensed Insolvency Trustee (LIT) to discuss your financial situation. At Crowe MacKay & Company, we provide free initial consultations. A LIT will handle all aspects of the process, including the sale of assets and correspondence with creditors.
The Impact of Bankruptcy on Renters
Bankruptcy impacts rent and arrears. While you’re expected to continue paying rent during bankruptcy, rent arrears become part of your bankruptcy as an unsecured debt and are usually cleared. If you chose to remain in the rental unit, the relationship with your landlord will most likely be negatively effected by the bankruptcy. The landlord may also require you to pay your rent on a per diem (day-to-day) basis moving forward. You might risk eviction if you fail to meet ongoing rental obligations. After bankruptcy, you remain responsible for the repair of damages caused to the rented unit.
The Impact on Renting New Accommodations
Securing new tenancy is frustrating for many in the Vancouver and Surrey areas. Most landlords require a credit check when an application for tenancy is filed, and seeing a bankruptcy will raise a red flag for the landlord. There are, however, steps that you can take to make yourself more appealing to prospective landlords.
First, be honest with the potential landlord. Have your credit report ready for them. Explain your circumstances and emphasize the positive effect of the bankruptcy, being that you are debt free.
Second, provide proof that you are a trustworthy tenant. Previous landlords can provide a positive reference stating your reliability for on-time payment. You may also provide character references from your employer or other professionals, such as a teacher or doctor.
Third, if possible, have a guarantor. A guarantor is normally a family member or a very close friend who is willing to take on the responsibility of making the payment for you if you are not able to. This may alleviate the landlords worry of losing out on unpaid rent.
Fourth, consider sharing accommodations with someone who has a clean credit report.
Remember that none of the above suggestions guarantee that a landlord will accept you. You may still be rejected, but the more responsible you look to potential landlords, the better your chances of acceptance.
Special Considerations for International Students
For international students in BC, the same bankruptcy laws apply. These laws can be complex, and numerous resources are available to help navigate them. It is advisable to seek professional guidance if facing bankruptcy.
Consumer Proposal as an Alternative to Bankruptcy
A consumer proposal, a bankruptcy alternative, involves formally offering your creditors to pay back a percentage of the debt over time. It’s less drastic than bankruptcy and has fewer long-term consequences for renters. Our professionals at Crowe MacKay & Company Ltd. will review this option with you during your free initial consultation.
Learn how a Consumer Proposal can Help Resolve Your Debt
Require Assistance?
At Crowe MacKay & Company, we have over 60 years of experience and offer free initial consultations. If you have any questions regarding the information above, contact our office today and start your debt relief journey.
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This article has been published for general information. You should always contact your trusted advisor for specific guidance pertaining to your individual needs. This publication is not a substitute for obtaining personalized advice.
If you require corporate or personal Insolvency services, Crowe MacKay & Company provides custom solutions for clients, allowing them to live debt-free.
