Bailiff and Licensed Insolvency Trustee: Two Very Different Roles

The roles of a licensed insolvency trustee and a bailiff are often confused. However, they’re very different. Would you like to find out more? We’ll explain the differences here!

In short

Below is a summary of the differences between bailiffs and licensed insolvency trustees.

Bailiff

  • An officer of the court who is called on to execute court judgments.
  • Must officially serve (hand deliver) legal documents.
  • A member of the Chambre des huissiers de justice du Québec.

Licensed insolvency trustee

  • The only professionals authorized to manage insolvency proceedings such as bankruptcies and consumer proposals.
  • Their role is to help you to settle your debt problems.
  • Their activities are monitored by the Office of the Superintendent of Bankruptcy and authorized under the Bankruptcy and Insolvency Act (BAI).

What is a bailiff and what is their role?

A bailiff is a legal professional who is responsible for executing court decisions. They can be called on serve legal documents, seize assets or collect receivables. Bailiffs play an essential part in ensuring that court orders are carried out. They also play a key role in collection proceedings.

Bailiffs must be members of the Chambre des huissiers de justice du Québec.

What is a licensed insolvency trustee and what is their role?

According to the Government of Canada, a licensed insolvency trustee (LIT) is a federally regulated professional who provides advice and services to individuals and businesses with debt problems. An LIT helps people make informed choices to deal with their debt problems.

The Office of the Superintendent of Bankruptcy (OSB) monitors the activities of licensed insolvency trustees who are authorized to act under the Bankruptcy and Insolvency Act (BAI). They must therefore adhere to strict standards of practice and follow a code of ethics. They are the only professionals authorized to support individuals with insolvency proceedings such as consumer proposals and bankruptcies. In a nutshell, they are certified experts whose goal is to help you to settle your debt problems.

For more information about the reasons that can lead to consulting a licensed insolvency trustee, read our article on the topic.

What types of services do bailiffs provide?

Bailiffs are involved in debt collection and carrying out court decisions. They can therefore be called on to:

  • Serve (hand deliver) legal documents;
  • Seize or sell assets;
  • Evict an individual from their housing.

Is there a bailiff at your door? Read our article to find out what you should do.

What types of services do licensed insolvency trustees provide?

Licensed insolvency trustees specialize in addressing financial difficulties. They can advise you regarding the best strategy to get out of debt. For example, after an initial meeting where they review your situation, they can propose one of the following formal solutions:

You will be immediately protected from your creditors and the trustee will handle all of the proceedings involving your creditors on your behalf. You will be heard and not judged. And naturally, all of your discussions with the trustee are confidential.

In short, if a bailiff knocks at your door, contact one of the licensed insolvency trustees at Raymond Chabot! They will be able to provide the tailored support that you need.

Share

Meet with one of our counsellors

It's free, confidential and non-judgmental.

Book an appointment Find an office