Читать книгу Bennett on Consumer Bankruptcy - Frank Bennett - Страница 29

If the consumer debtor wishes to proceed with the bankruptcy process, the debtor eventually signs a form called an “Assignment.” The Assignment form is a one-page document that transfers all the debtor’s assets to the trustee under the Bankruptcy and Insolvency Act. It is the document that puts the consumer debtor into bankruptcy by his or her own hand (voluntarily). An example of this form is shown in Chapter 12.

In addition to the Assignment, the consumer debtor also signs a Statement of Affairs, a “pertinent information sheet,” and a Personal Income and Expense Statement. The Statement of Affairs, also shown in Chapter 12, is the document that sets out all the consumer debtor’s assets and all the liabilities with full particulars. In the liabilities section, the consumer debtor names all the creditors to whom the debtor owes money. The pertinent information sheet contains many questions about the consumer debtor’s present status and about previous dealings with property.

When these documents are signed, they are then e-filed by the trustee to the Official Receiver, a government officer, in the area which the consumer debtor resides for filing. Alternatively, the trustee may fax or deliver the documents to the office for filing. (The government offices are listed in Appendix II.) Once these documents are accepted by the Official Receiver, the consumer debtor is then officially bankrupt.