Surplus Income in Bankruptcy

The government sets rules for bankrupts for:

• terms and conditions to bankruptcy
• how much a bankrupt should pay into the bankruptcy, and
• how long the bankruptcy should last

The government sets a level of income that they believe is reasonable given a families size, (e.g. family of 3). Where you earn more than the threshold, bankrupts must pay fifty (50) percent of the excess into the bankruptcy.

In other words, where you earn more than the bankruptcy threshold, you must give a portion to the trustee for your creditors.

In bankruptcy, all other payments end, but surplus income payments may apply, for example:

• Ian is in bankruptcy
• he has 3 people in his family and is the only source of income
• his income threshold is $3,604
• he earned 3,900 in the month, net of taxes
• $3,900 minus $3,604 = $296
• 50% of $296 = $148 is payable

Ian will have to pay fifty (50) percent of the $296 as surplus income. The amount that Ian would have to pay would be one half of $296 which is $148.

Surplus income under the Bankruptcy and Insolvency Act of Canada (BIA) is based upon the individual and their family size.  The amount of the payment is calculated by:

• the family income
• number of dependants
• any deductible eligible expenses

Each month the bankrupt is required to submit proof of the income to the trustee.  Where your income has dropped due to layoffs, sickness or otherwise, payments are reduced.   Where you earn more the payment increases.

Where the surplus income is greater than $200 per month, the government will extend the bankruptcy for an additional 12 months.

Where your considering bankruptcy, we’ll review the costs and any surplus income calculations.  Where surplus payments are high, we may consider looking at a consumer proposal.

The payments in bankruptcy are dependant upon:

• average monthly income
• value of any non-exempt assets
• number of people in your family
• types of expenses, like child care or child support
• is this your first or second bankruptcy

The government sets a limit on what a bankrupt is allowed to earn.  After reaching that limit, the government requires the bankrupt to pay more into the bankruptcy.