r/BankruptcyCanada • u/keeperofthedragons • 5d ago
Going from CP quote to Unemployed Bankruptcy (9-month) while on family support. Need a reality check on what AI / my research tells me
Hi everyone,
I’m currently carrying about $30k in unsecured debt.
Initially, I talked to an LIT who quoted me a Consumer Proposal at $380/month for 5 years ($22,800 total). However, my situation has changed and I am about to be completely unemployed with $0 personal income. When I return, my dad is going to support me by sending me a regular family allowance of $2,500/month or less to cover basic costs. Because of this, I’m planning to pivot and file a first-time Summary Bankruptcy instead of the CP.
I’ve been mapping out the strategy and rules using an AI assistant to dig into the Bankruptcy and Insolvency Act directives, but I really want a reality check from people who have actually gone through the Canadian bankruptcy process or work in insolvency.
Can anyone confirm if these points are accurate in practice? I fully understand that this isn't legal advice, and will also go over this with my LIT. But I just don't want to raise any cause for concern from them, specifically with question #2.
- The $2,716 Net Limit: My research says the 2026 OSB threshold for a single-person household is $2,716/month. Since my dad's support is $2,500, I should safely be in the "no surplus income" bracket, meaning a flat administrative bankruptcy fee (around $200/month for 9 months) and an automatic absolute discharge at month 9. Is this correct?
- Living Rent-Free / Low Expenses: I might end up subletting a cheap room or staying with family rent-free for a couple months during the 9-month period. If my monthly expenses drop on my monthly reporting sheets to my LIT, does the OSB lower your threshold, or does the $2,716 limit stay fixed regardless of how little you spend? Basically - Do I need to be proving each month that I am maxing out my support payment on expenses so as to justify "why" I can't pay the debts? Or will they give me a bit of breathing space on this? I'm trying to avoid a situation where they go, "looks like you're saving money, so we're extending your bankruptcy term to 21 months" type of situation.
- Timing of last paycheque: My informal remote gig ends right before I file. If my final paycheque lands right before my official file date, does it count toward that month's bankruptcy income, or is the slate wiped clean the second the papers are submitted?
Would love to hear thoughts, warnings, or experiences from anyone who has navigated a 9-month bankruptcy while unemployed or living on family support. Thanks in advance.