Bankruptcy

Bankruptcy is the legal process that controls the affairs of an individual who is insolvent; that is, unable to pay his or her debts as those debts fall due.

Being declared bankrupt is a dramatic step that, while providing an insolvent person with relief from the pressure of creditors and the chance to start over, will likely have significant and long-lasting consequences for that person. These consequences may include:

• the impact of bankruptcy on creditworthiness ratings;
• the inability to hold a company directorship;
• the inability to be a principal in or earn an income in certain professions; and
• penalties for any improper or dishonest conduct uncovered by a bankruptcy trustee in the course of the trustee's mandatory investigation into a person's pre-bankruptcy conduct.

If you are struggling, or someone you know is struggling in a seemingly terminal spiral of mounting debt, unpaid bills and angry creditors, seek our advice immediately. By acting promptly a person facing bankruptcy may be able to avoid it by entering into private arrangements with creditors under Part X of the Bankruptcy Act, or by proposing a debt agreement under Part IX of the Act.

Camatta Lempens also advises creditors in enforcing debts by seeking that insolvent debtors be made bankrupt, and by proving claims in debtors' bankrupt estates.

Contacts: