Bankruptcy for the Poor? — Table of Contents

By Stephanie Ben-Ishai* and Saul Schwartz**
February 19, 2007

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Table of Contents

1. Introduction

2. Do the Poor Need Bankruptcy?

3. Overview of the Canadian System

1. Relying on Area Trustees
2. The Bankruptcy Assistance Program
3. Discussion

4. Should Poor Debtors Have Financially Accessible Options for Bankruptcy?

5. Models for Reform

1. United States
2. Australia
3. New Zealand
4. England and Wales
5. The Netherlands

6. Possible Models for the Canadian Bankruptcy System

1. Trustee’s Views on Possible Models
2. Options from Other Jurisdictions
3. Recent Canadian Reform Efforts

7. Recommendations

1. Reform of BAP Regulations
2. Working Toward Uniformity
3. Impartial Agency

Appendix A

Appendix B

Appendix C

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* Assistant Professor, Osgoode Hall Law School. This research project is funded by the Industry Canada Insolvency Research Initiative Program 2006/7. Val Culp provided excellent research assistance. We would like to thank Catherine Dupont, Stephanie Cavanagh, Dave Stewart and Steve Joanisse of the Office of the Superintendent in Bankruptcy for their assistance. We would especially like to thank the bankruptcy trustees, members of the insolvency community and the former bankrupt we interviewed.  All errors remain our own.

** Professor, School of Public Policy and Administration, Carleton University.