Workarounds have been created to bypass certain recognized problems in the e-filing system and are, for the most part, a temporary fix or solution. Most workarounds resolve issues relating to software incapability and exist simply to provide instructions on how to proceed with various electronic forms or processes.
If you have any questions pertaining to these workarounds or any other e-filing queries, please contact the Help Desk at 1-877-227-3672 or submit your query to email@example.com.
- Consumer proposal and principal residence that is movable
- Debtor that has a previous bankruptcy, before 1979
- Foreign Debtor Estates
- Form 11—Notice of Final Dividend and Application for Discharge of Trustee
- Form 40—Report of Trustee on Proposal
- Form 80—Notice of Intended Opposition to Discharge of Bankrupt
- Joint Estates
Consumer proposal and principal residence that is movable
Please be aware of the following to avoid difficulty in filing a Consumer proposal where the debtor's principal residence is movable property (e.g. mobile home, recreational vehicle).
The amount of the secured debt encumbering the principal residence should be recorded in Part V of the Estate Information Summary in the field called "Amount outstanding on mortgage on principal residence." On Form 79, the secured debt should also be labelled as Type 1: "Real Property or Immovable or Hypothec or Mortgage." This should be done notwithstanding the fact that terms like "mortgage" or "hypothec" may not be precisely descriptive of the secured debt with which the movable property is encumbered.
Please note the following are types of property that the Canada Revenue Agency qualifies as principal residence:
- housing unit, which includes:
- apartment or unit in a duplex, apartment building or condominium,
- mobile home,
- trailer, or
- leasehold interest in a housing unit; or
- share of the capital stock of a co-operative housing corporation, if such share is acquired for the sole purpose of obtaining the right to inhabit a housing unit owned by that corporation. The term "co-operative housing corporation" means an association, incorporated subject to the terms and conditions of the legislation governing such incorporation, formed and operated for the purpose of providing its members with the right to inhabit, by reason of ownership of shares therein, a housing unit owned by the corporation.
Debtor that has a previous bankruptcy, before 1979
E-Filing matches previous estate information with the OSB database. When a debtor has a previous bankruptcy, before 1979, the estate number is not recorded in the database.
The Licensed Insolvency Trustee (LIT) may submit the initial E-Filing, without information on the previous bankruptcy, to obtain an estate number. When submitting the initial filing, however, the LIT should include an "Alert to the OSB" advising the OSB of the previous bankruptcy.
Immediately upon receiving the estate number, the LIT should file an amended Form 79 and Estate Information Summary reflecting the previous bankruptcy and include an "Alert to the OSB" advising the OSB that information on the previous bankruptcy is now included.
Once the official receiver has amended the information in the OSB database, the LIT will be able to update the estate with subsequent forms.
Foreign Debtor Estates
The LIT's system will only accept Canadian postal codes or American zip codes. The address for a debtor who does not reside in Canada or the U.S.A. should be entered as follows:
Enter \\ or – – in the "Province" field.
Enter the debtor's full address (City, Province, Country) in the "City" Field or "Street".
Enter the LIT postal code in the "Postal Code" field.
Form 11—Notice of Final Dividend and Application for Discharge of Trustee
ISS does not give the option of uploading Form 11 for a Division I Proposal in XML format to an e-file. OSB will accept Form 11 as a soft-copy upload.
Form 40—Report of Trustee on Proposal
OSB has agreed to allow Form 40 for a Division I Proposal to be submitted in softcopy.
Form 80—Notice of Intended Opposition to Discharge of Bankrupt
- Submission Time Frame—If the final day for receipt of Form 80 falls on a Saturday/Sunday and Form 80 is submitted on Monday, it will be rejected by the e-filing system. Form 80 can be submitted in softcopy if the above circumstances occur.
- Amended Form 80—If Form 80 is filed within the proper time frame but is amended after, the e-filing system will reject the amended Form 80. The amended Form 80 can be submitted in softcopy.
- Form 80 submitted for a bankrupt who is not eligible for an automatic discharge—If Form 80 is e-filed for an estate where the debtor is a first-time bankrupt, it must be submitted in XML format. However, if Form 80 is submitted to an estate for a bankrupt who is not eligible for an automatic discharge, but is being submitted simply to let OSB know an LIT will be opposing the discharge, it can be submitted in softcopy.
- Form 68—Notice of Impending Automatic Discharge of Bankrupt
- Form 69—Notice of Bankruptcy and of Impending Automatic Discharge of Bankrupt, and Request of a First Meeting of Creditors
- Form 70—Notice of Bankruptcy and Request of a First Meeting of Creditors
- Form 71—Notice of First Meeting of Creditors
- Form 84—Certificate of Discharge
In a joint file where the debtors have a different previous bankruptcy count, Forms 68, 69, 70, 71 and 84 must be submitted in softcopy format.
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