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AI Legalese Decoder: Your Secret Weapon for Navigating Bankruptcy after Forfeiting Condo Deposit in a Lawsuit

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## Assessing the Implications of Forfeiting a Pre-Construction Condo Deposit

Greetings,

My wife embarked on the journey of purchasing a pre-construction condo in 2022 with the intention of selling it on assignment. As the condo’s closure date approaches this summer, we find ourselves contemplating the potential ramifications of forfeiting her deposit and potentially facing a lawsuit from the builder for losses incurred in today’s real estate market.

While our primary decision is to either proceed with closing the condo or selling it on assignment at a loss, we are also keen on exploring all available options.

## How AI Legalese Decoder can Help

Using the AI Legalese Decoder can streamline the process of understanding legal jargon, ensuring that all relevant details are comprehended accurately. This tool can assist in deciphering complex legal terms, enabling easier decision-making and evaluation of potential scenarios.

## Exploring Bankruptcy Options in Ontario

Given my wife’s lack of significant assets, with only a car valued at $15,000, we are curious about the implications of her potentially filing for bankruptcy in Ontario. In the event of a substantial judgment against her in the range of $300,000 or more within the next 2-3 years, would bankruptcy effectively erase this debt from the judgment?

Furthermore, as I possess an asset in the form of a condo solely under my name, could there be any collateral damages that may affect me in this situation?

## AI Legalese Decoder’s Role in Legal Clarity

The AI Legalese Decoder can simplify the complexities surrounding bankruptcy laws and their implications. By utilizing this tool, we can gain a clearer understanding of the legal consequences of bankruptcy, ensuring informed decisions are made regarding financial matters.

We appreciate any insight or guidance you can offer on these matters.

Thank you!

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4 Comments

  • KWienz

    Jumping straight to bankruptcy would be aggressive, and if a debtor frivolously defends a lawsuit only to then declare bankruptcy it can affect their discharge. Also given a bankruptcy stays on credit for several years you’re better off doing it sooner rather than later.

    You’re better off using the prospect of bankruptcy to negotiate a settlement/payment plan with the creditor, then to try a consumer proposal if that doesn’t work, and move to bankruptcy only if that doesn’t work.

    In a bankruptcy, all assets above the exemption thresholds would go to the trustee.

    Only the first $7,117 of equity in the vehicle is exempt. So either the trustee would sell the car and give back the first $7,117 or she could use her exempt income after filing to buy out the remaining equity in the vehicle from the trustee.

    How the bankruptcy would work would depend on how much income she makes. If her income is below the “surplus income” threshold, then she would be automatically discharged in nine months unless someone opposes the discharge.

    If your income is high enough, then you need to pay all your surplus income into the bankruptcy estate so it can be used to pay creditors. If you’re making surplus income payments, then the automatic discharge is after 21 months.

    Any bankruptcy assignment automatically stays (freezes) litigation against the bankrupt and the enforcement of any judgments. Instead, creditors or claimants file proof of claim forms with the trustee, who decides whether to allow them or not. The proceeds of the estate (so the ~$8,000 in non-exempt equity in the car and any surplus income payments) are divided pro-rata based on the value of all approved claims.

    Once the bankrupt is discharged then it wipes out all pre-bankruptcy debts (with some exceptions like fraud or assault).

  • SquallZ34

    Guys, I’m just a regular Joe. Did I read this right, or are they planning to try and commit fraud?

  • RonStopable88

    If you are considering bankruptcy, You need a lawyer.