Bankruptcy and the Poor?

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Résumé (français)

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Résumé (anglais)

The conventional wisdom is that the poor are not heavy users of the insolvency system, because creditors are unwilling to take risks on the poor and because many of the poor are judgment-proof. However, credit is now widely available across the spectrum of income groups. In addition, poverty is often a temporary state for many Canadians; therefore, being judgment-proof is likewise temporary. Some of those who are poor at any point in time are in fact in need of bankruptcy protection. They have debts that they are unable to pay and little likelihood of being able to repay in the near future. We begin by presenting evidence on indebtedness among families in the lower income deciles. We then turn to the main question: should the Canadian bankruptcy process be more readily available to poor debtors? Following a comparative analysis (considering the United States, Australia, New Zealand, and the United Kingdom) and analysis of interviews with Canadian bankruptcy trustees and other insolvency professionals, we offer six recommendations for reform.