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By law, you are entitled to keep up to $31,000 of equity in specified assets. |
These exemptions are applicable to all seizures not just in a bankruptcy or proposal context.
Bankruptcy Exemptions for other provinces and territories can be found here.
Equity is the excess that the value of an asset has over any charges or encumbrances against that asset.
For example, if you have a home worth $400,000 and there is a $392,000 secured debt against it (Mortgage, Real Estate Commission and property taxes) then the equity in the home is $8,000. In BC the exemption for a home in Greater Vancouver and Victoria = $12,000. In the rest of the province = $9,000 so in this example you are entitled to the equity of $8,000 and the unsecured creditors cannot take this.
Equity in a home in Greater Vancouver and Victoria = $12,000. In the rest of the province = $9,000;
Equity in Household items = $4,000;
Equity in a vehicle = $5,000; The vehicle exemption drops to $2,000 if the debtor is behind on child care payments (to facilitate the enforcement of Maintenance Orders)
Equity in work tools = $10,000;
Exemptions are in effect for all registered retirement savings plans (RRSP's, RRIF's and DPSP's (Deferred Profit Sharing Plans).
Contributions made in the 12 months prior to the date of bankruptcy will be recovered (clawed back) for the benefit of the bankruptcy estate.
Equity in essential clothing and medical aids is unlimited
Overview:
Personal Bankruptcy;
(PowerPoint Presentation)
Consumer Proposals.
(PowerPoint Presentation)
Information:
Bankruptcy Exemptions
(Assets you keep in a bankruptcy or proposal);
Personal Proposals
(Avoiding bankruptcy);
Debt that is erased in a bankruptcy or a proposal;
Credit Bureaus and Collection Agencies;
After Bankruptcy:
Budgeting Spreadsheet.
Free Excel Spreadsheet for personal budgeting.
Residents of Squamish, Whistler and the Sunshine Coast;
Income & Expense Form
(Send to Trustee each month)
Application Form.
(Take this to your meeting with the trustee)
Other Links: