What’s Included in My Bankruptcy Record & Who Can See It?
Bankruptcy Records In Canada: Are They Public?
Filing for bankruptcy is always going to be a difficult decision.
It will impact various aspects of your life, including your ability to borrow from lenders in the future.
A crucial consideration is who will know that you have filed in the past and who can access these records.
It’s important to note that personal bankruptcy records are not the same as business bankruptcies.
While they are publically recorded, they are not as easy to access.
Here are some of the key resources where this information will be available.
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Office Of The Superintendent’s Bankruptcy Database
In this database, there is a listing of every single bankruptcy that has been filed dating back to 1977.
That is only what’s recorded online though because the paper files go back even further than this.
However, there is only basic information included in the database including things such as the name of the filer, the date bankruptcy was filed, the amount declared as owed, the value of assets, and their address as of the date that they were filed.
It’s important that you know this database is a public record.
Anyone is able to access these files, but they must log in and pay for each search that they conduct.
Even though it is a public record, it’s not common for anyone to actually use it unless they are part of the bankruptcy industry in some way.
Licensed Insolvency Trustee Files
Your trustee is the only person who has access to these files, except for you.
If you need access to these files for any reason, your trustee will be able to get you a copy.
This shouldn’t be necessary though because all of the important information should be sent to you during the time that you are filing for bankruptcy.
There are more details included in the trustee files such as copies of any documents that relate to the filing, notes about phone calls that have been received, notes about any meetings that have been attended, court orders if there have been any, a record of any funds that have been paid and received during the process and so on.
Creditors impacted by your bankruptcy claim will also be provided with a package of information.
This includes your legal name, other creditors, and assets you may have.
You will be provided with the same package so you’ll know exactly what information they hold.
Your Credit Report
The most important information that is kept in your credit report is the date of the bankruptcy and how much was owed.
This will stay on your report for up to seven years, unless you file for a second, in which case they will both stay for 14 years.
Most of the information that can be found on a credit report can only be accessed if you have given permission.
The government has access to most of your bankruptcy information but are unlikely to use it against you.
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