Quebec Bankruptcy Exemptions
Property You Can Keep When Going Bankrupt
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Quebec bankruptcy exemptions list the equity in assets you can retain when making a consumer proposal or filing bankruptcy.
For example, if you have furnishings worth $10,000 and there is a $4,500 secured debt owed on the furnishings then the equity in those furnishings is $5,500.
In Quebec the exemption for furnishings is set as $6,000 and therefore you are entitled to the equity of $5,500 and you are able to keep these furnishings if you go bankrupt or make a proposal.
Personal Bankruptcy Exemptions in Quebec:
- The movable property which furnishes his main residence, used by and necessary for the life of the household, up to a market value of $6,000 established by the seizing officer;
- The food, fuel, linens and clothing necessary for the life of the household;
- Food, lodging, and transportation passes received for employment travel;
- Principal residence: $10,000;
- Motor vehicle: no dollar limit;
- The instruments of work needed for the personal exercise of his professional activity;
- Family papers and portraits, medals and other decorations;
- Property declared by a donor or a testament to be exempt from seizure except in certain cases;
- Judicially awarded support and sums given or bequeathed as support;
- Support received through court order, donation, or bequest;
- Benefits payable under a supplemental pension plan to which an employer contributes on behalf of his employees, other amounts declared un-seizable by an Act governing such plans and contributions paid or to be paid into such plans;
- Items used in religious worship;
- Income for services as a minister of religion;
- Periodic disability benefits and expense reimbursements under a contract of accident and sickness insurance;
- Tools of your trade: no dollar limit;
- Disability aids, accident benefits: no dollar limit;
- Property of a person that he requires to compensate for a handicap;
- RRSPs, Registered Retirement Income Funds (RRIFs) and Deferred Profit Sharing Plans (DPSPs);
- A certain portion of salaries and wages based on the number of dependants.
* Nevertheless, the property referred to in first and third items above may be seized and sold by a creditor holding a hypothec thereon.
From Quebec’s Code of Civil Procedure.
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