Will There Be A Creditors' Meeting If I File Bankruptcy In Canada?
When filing for bankruptcy, a creditors’ meeting might be called.
However, the chances of this happening are rare, so if you are asking yourself the question posed in our title, it might be that a meeting isn’t required to discuss your particular case.
Your creditors will be advised of your bankruptcy by your trustee and they will be given the option of a meeting, but they will rarely take the opportunity.
Usually, they will conduct any business over the phone or through email with your trustee, as this is the quickest and easiest way for them to discuss your bankruptcy situation.
However, there are those occasions when a creditors’ meeting might be called, so you do need to be prepared for this to happen.
Who Can Call For A Creditors’ Meeting?
The meeting can be called by your trustee, the Official Receiver, or those creditors who are owed more than 25% of the debt.
If a meeting is to be called, it will usually take place during the early stages of the bankruptcy process.
There are instances when a meeting will have to take place.
These are when:
- The Official Receiver instructs the trustee to call a meeting.
- The creditors that are owed more than 25% of the debt request one.
Creditors might also ask for a meeting if:
- They believed you acted fraudulently when obtaining credit.
- You owe a significant amount of money to the Canada Revenue Agency.
- They have questions related to the above and if they want to know more about the assets and debt obligations that have been declared in your bankruptcy documents.
If a meeting is called, your trustee will notify you of the time and place.
It will usually be held at the trustee’s office, but this isn’t always the case.
It is an offence to miss the meeting without a valid reason, so you should make every effort to attend if one is requested.
What Happens At A Creditors’ Meeting?
Your trustee will have prepared a report about your assets, liabilities, and the causes of your bankruptcy.
Your creditors will ask you questions based on the report, and you will be required to answer them truthfully.
Your trustee will act as the middle-man and will ensure the meeting is held fairly, being both respectful of your needs and your creditors.
Will There Be A Creditors’ Meeting In Your Case?
As we suggested, creditors’ meetings are rare, and it unlikely that one will be called.
They usually only occur in corporate bankruptcies where the issues raised are complex, so if this doesn’t apply to you, you might not have to attend a meeting.
However, if one is called, it will usually be called at a very early stage so you won’t have to sit in limbo waiting to see if one might happen.
And if it is called, don’t panic.
As long as you answer the questions given honestly, you have little reason to worry.
To find out more and to arrange a meeting with one of our insolvency trustees, call us at (877) 879-4770 or use our consultation form to arrange a meeting.