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Posted on Wednesday, August 30, 2006

Bankruptcy and Gambling in Brantford

Here's a question we received:
I'm facing a bad financial situation and I'm a gambler.What will happen if I will try to file bankruptcy on gambling?

Here's the answer regarding gambling and bankruptcy:

Each year I meet with a number of people who have debts as a result of gambling. It is possible to go bankrupt in Brantford and have your gambling debts discharged.

Section 173(1)(e) of the Bankruptcy & Insolvency Act states that if: "the bankrupt has brought on, or contributed to, the bankruptcy by rash and hazardous speculations, by unjustifiable extravagance in living, or by gambling ..." then the court may refuse or suspend the discharge of the bankrupt, or require the bankrupt to perform other duties.

In my experience, if gambling was a significant contributing factor to the bankruptcy, it is likely that the bankrupt person will not receive an automatic discharge in the usual minimum period of nine months. It is the Bankruptcy Court's practice to extend the bankruptcy for a further 12 months, during which time the bankrupt must continue to make payments to the estate based on their income.

However, each case is different, and it is up to the court to determine in each case how a bankruptcy should end. The court will also consider what actions the bankrupt has taken to prevent themselves from having further gambling problems, such as attending counselling and having themselves voluntarily banned from attending a casino.

This is a complicated area, and there are many factors to consider, so I strongly recommend that you call our office in Brantford at (519) 770-4440 or 310-PLAN or e-mail us for more information and to set up a free initial consultation.

Filed as: , ,

Posted on Friday, August 25, 2006

Personal bankruptcy rate falls dramatically in Brantford

In statistics just released by the Office of the Superintendent of Bankruptcy, the number of personal bankruptcies filed in Brantford between January and June of this year fell by 13% as compared to the same period last year. In the first six months of 2005 188 individuals filed bankruptcy; that number fell to 163 in the first six months of 2006.

The number of consumer proposals also fell dramtically, from 64 in 2005 to 52 in the first six months of 2006 in Brantford, for a drop of 20%. (A consumer proposal is an alternative to bankruptcy where you make payments over time to deal with your debt).

Combining both numbers the rate of personal insolvency fell by 15% in Brantford. Of all major cities in Ontario, only London (at 16%) and Peterborough (at 27%) experienced larger declines. In all of Ontario personal insolvencies fell by 5%, so Brantford is well ahead of the average.

While it is impossible to know for sure why the bankruptcy rate is falling in Brantford we believe it is because interest rates remain relatively low, making it easier to continue servicing debt, and because the employment picture in Brantford and surrounding areas has improved.

However, as interest rates continue to increase, and if the economy begins to slow down, the bankruptcy rate in Brantford may once again resume it's upward trend.

If you are experiencing financial problems and don't want to become a statistic, feel free to call our office in Brantford at (519) 770-4440 or 310-PLAN or e-mail us for more information or to set up a no charge initial consultation.

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