Author: Brandon Smith

Brandon Smith is a licensed insolvency trustee and Senior Vice-President of Ira Smith Trustee & Receiver Inc. The firm deals with both individuals and companies facing financial challenges in restructuring, consumer proposals, proposals, receivership and bankruptcy.

They are known for not only their skills in dealing with practical solutions for individuals and companies facing financial challenges, but also for producing results for their clients with realistic choices for practical decision-making. The stress is removed and their clients feel back in control. They do get through their financial challenges and are able to start over, gaining back their former quality of life.

Brandon Blog Post

#VIDEO-WHY YOU NEED TO DISCUSS CORPORATE RESTRUCTURING AND TURNAROUND MANAGEMENT BEFORE IT IS TOO LATE#

Post author By Brandon Smith
Post date August 17, 2016

Our prior corporate restructuring and turnaround blogs

We previously wrote a three-part series on corporate restructuring and turnaround management:

Are the steps in growing a successful company similar to corporate restructuring and turnaround management techniques?

When I heard the story told by Mike Miltimore, CEO and Founder of Riversong Guitars, it struck me that the steps he took to grow his successful guitar making business in this video was almost identical to the steps we would take as corporate restructuring and turnaround management professionals.

Any business can, in its life-cycle, face issues of under performance, and financial distress. The reasons can be simple, or complex, and range from: change in market conditions, availability of financial resources, bad debts suffered or inefficient management structure. In Riversong Guitar’s case, Mike understood what was needed to grow his business successfully so that he could expect these potential issues and put plans in place before facing trouble. I am extremely impressed with Mike’s understanding of his role in management and leadership.

Our role as a corporate restructuring and turnaround management practitioner

The corporate restructuring and turnaround management practitioner’s role, is to aid the business owners, with relevant stakeholders, to formulate, and carry out, a strategy to avoid a troubled company’s situation deteriorating, over time and to place it back on the road to financial health and ultimately, more growth.

It is a collaborative process, led by the corporate restructuring and turnaround management professional.

The 3 phases of a corporation in need of corporate restructuring and turnaround management

There are three clear phases in the corporation in need of corporate restructuring and turnaround management, which in hindsight become clear:

Phase one – Invisibility Phase – The issues facing the business, are only visible from within the business.
Phase two – Translucent Phase – The issues begin to become visible to the outside.
Phase three – Total visibility – The issues are known, and are transparent to the outside business world.

Why reach out to a corporate restructuring and turnaround management professional?

Action and transformation methods need to be taken and implemented, before phase three occurs, because if a business is facing financial distress, more and more unwanted interventions from “creditors”, together with their professionals will take place. The ability to carry out corporate restructuring methods, and the scope to discuss problems without recourse to insolvency legislation, will reduce.

When business owners, or influential stakeholders introduce a corporate restructuring and turnaround management practitioner, this is their recognition for the need for change, and importantly that the business itself, does not have the skills or experience, to bring about required corrective change. Mike understood that he did not have the entire skill set to create the proper plans and infrastructure and carry out them, so he too reached out to professionals to help him. This is another way that Mike in growing his healthy company used the same techniques needed in a corporate restructuring and turnaround assignment.

The factors needed to grow a successful company are the same ones used by the corporate restructuring and turnaround management professional

Mike identified various factors, just like we do in corporate restructuring and turnaround management. Some of the issues that Mike faced in growing his healthy company, which we also face in corporate restructuring and turnaround management engagements are:

organizational structure;
corporate culture;
leadership needs in an evolving corporation;
project management; and
ongoing coaching.

A classic turnaround involves:

Understanding the depth of the problems being experienced – severity or otherwise, stabilizing the place, providing a route map to recovery – be that business transformation or corporate renewal.

Implementation and monitoring, what is always underestimated in turnaround situations, is the need for business owners, to invest the required emotional capital involved, and a willingness to accept change.

You need to choose the correct corporate restructuring and turnaround management professional

For a successful turnaround to succeed, the correct turnaround professional needs to be chosen. “Best fit”, in terms of relevant experience, and a track record of success, is essential. In a nutshell, that is corporate restructuring and turnaround management. The exact restructuring methods used is determined by the nature of each situation. The turnaround methods used will also depend on whether the issues are only internal, or if there are external issues as well requiring more serious steps, such as corporate debt restructuring.

Follow Mike Miltimore’s lead. Recognize that you the skill set that has allowed your company to grow so far are not the same as those needed to fix it. Mike Miltimore knew that he needed outside help for the skills to grow his healthy company that he did not have in-house. The same is true in fixing financially sick companies.

So, if your company has too much debt and a history of losses, you need to fix it now so that your company can continue to prosper and allow the many families and stakeholders that relay on the company’s continued existence for their livelihoods. The most important thing is to get into place a proper corporate restructuring and turnaround management plan.

You should book a meeting with an experienced licensed insolvency trustee first. (The first consultation is free.) Ira Smith Trustee & Receiver Inc. brings a cumulative 50+ years of experience dealing with diverse issues, people and complex files and we deliver the highest quality of professional service.

Contact us today and Starting Over, Starting Now your company can be well on its way to overcoming its financial difficulties and continue to prosper.

Tags coaching, corporate debt restructuring, corporate restructuring, corporate restructuring method, corporation (organization), culture, debt restructuring, Ira Smith Trustee, leadership, mike miltimore, organizational, project management, restructuring method, riversong guitars, training, transformation method, turnaround management, turnaround management standard

Brandon Blog Post

BAD CREDIT PAYDAY LOANS: JOIN IN ON THE ONTARIO LAWSUIT

Post author By Brandon Smith
Post date August 15, 2016

Bad credit payday loans: our constant warnings

We’ve been warning you about the evil ways of the bad credit payday loans industry, and now a class action lawsuit in Ontario has begun. The payday loan industry should not be allowed to run. We’ve written about these unscrupulous payday loan companies at length and in-depth to serve as a warning.

How big is Canada’s bad credit payday loans industry?

Canada’s payday lending market is worth more than $2.5 billion.

How many Canadian use bad credit payday loans companies?

The latest estimate is that 7% – 10% of Canadians use payday loans. In fact payday loan companies made 1.3 million loans in 2013.

What’s the good news for victims of bad credit payday loans companies Cash Store or Instaloans?

I was astounded to learn that 100,000 Ontarians borrowed from Cash Store (no longer in existence) or Instaloans. Anyone in Ontario who took out payday loans or lines of credit (which were payday loans in disguise) from Cash Store or Instaloans after September 1, 2011 can take part in a $10 million class action law suit to recover some of the illegal fees and interest charged.

How can I get in on the class action law suit against Cash Store or Instaloans?

Jon Foreman, partner at Harrison Pensa LLP, is representing class action members. They have set up a website called takeyourcashback.com and there is a form which must be completed by the Claims Filing Deadline, October 31, 2016.

How much money will I get back?

It’s not certain. If your claim is approved you’ll be eligible to receive at least $50. However, if you took out multiple loans you could receive more. The final amounts will depend on how many claims are submitted.

Take advice from a GTA insolvency trustee and don’t ever go to a payday loan company! There are better options out there. Payday lenders will only trap you in a never-ending cycle of debt. Ira Smith Trustee & Receiver Inc. can help get you actually solve your problem by getting you out of debt and on the road to financial recovery, Starting Over, Starting Now. We’re just a phone call away.

Tags bad credit, bad credit payday loans, Cash Store, class action law suit, class action suit, Instaloans, Ira Smith Trustee, payday lender, payday lenders, payday lending market, payday loan companies, payday loan company, payday loan industry, payday loans for bad credit, take back your cash

Brandon Blog Post

CANADIAN CREDIT SCORE CALCULATOR: FREE SECRETS PROFESSIONALS USE REVEALED#

Post author By Brandon Smith
Post date August 10, 2016

Canadian credit score calculator – Introduction

The question we are most asked is, “How do I improve my credit score?”. The next question is, “Is there a Canadian credit score calculator and how does it work?”. Our answer is always in explaining how the rating is calculated and what each part of the calculation is. Once you understand the calculation, it is much easier to improve.

While it seems obvious that the loan decision-making process uses your credit report in making the decisions about loans, there are other less obvious uses for your credit history. Others might use your information to make decisions about other financial services and products. Poor ranking could lead to you paying hundreds, or even thousands, of dollars more over your lifetime.

In previous blogs, we have written about:

What is the calculation?

The two reporting agencies, Equifax Canada Co. (“Equifax”) and Trans Union of Canada, Inc. (“Trans Union”) use complicated computer algorithms to calculate your result. The most common methods use either the FICO method, from Fair Isaac Corporation, or your Beacon score, which is a calculation that Equifax uses. Results can range anywhere from 300 to 850. The 5 elements that go into the calculation are:

Payment history
Amounts owed
Length of loan history
New credit
Types of credit

This table shows the weighting of the five categories, as well as the total possible points available in each category:

Category	Possible points	%

Length of loan history	297.5	15
New credit	85.0	10
Types of credit	85.0	10
Payment history	297.5	35
Amounts owed	255.0	30

	850.0	100

Payment history
The most important of the five categories is your payment history, meaning how well you pay your debts. There is a heavier emphasis on recent payments as opposed to older ones. Things like bankruptcy, foreclosure, accounts sent to collection agencies, and repetitive late payments are all considered negative events and will lower this part of the calculation.

Amounts owed
Amounts owed is how much you owe on your bank cards and loans, in other words, your outstanding debt balance. Also considered is your total authorized borrowing limit, along with the part of your limit that you have used.

Length of loan history
The length of your loan history plays a role in the calculation as well. The longer you have had a history, the better your result in this category will be.

New credit
New credit, or more specifically new credit applications, play a role in the calculation. As the number of recently opened credit accounts goes up, your result in this category will go down.

Types of credit
The last factor used in the Canadian credit score calculator is the different types of credit you have. Usually the more the better, except for consumer finance accounts. Consumer finance companies typically grant loans to people with poor borrowing histories so having these types of accounts defines you as “risky”, thus lowering scores in this category.

What does my calculation mean?

Here are the possible Canadian credit score calculator ranges, and what they mean:

700-850 A “very good” or “excellent” result. You should not have a problem getting a loan from a lender.

680-699 A “good” one. Though not considered very good or excellent, most lenders will not have a problem giving you a loan.

620-679 An “acceptable” score. Lenders will most likely need you to give supporting information about your income, time in your current home, bank statements, time with current employer, etc.

580-619 An “okay” score. 620 is the prime rate cut-off point, so you can expect to pay a higher interest rate with any lender who is willing to give you a loan.

500-579 A “bad” score. You may still be able to get a loan with a score like this, but you will most definitely be paying a higher interest rate.

350-499 A “very bad” score. You can still get a loan with this low of a score, but you may be better off turning it down and cleaning up your core over the next several years. Otherwise, the interest on the loan may be too difficult to handle.

As your score decreases, the ability for you to get a loan, on the most ideal terms, decreases greatly. Therefore, people with lower scores have to pay more in fees and interest rate for loan products. The higher your score, the more money you will save by being given the best rates and credit deals.

How does my score stack up?

“The general score that you’re aiming for is 700,” says Michael Lofquist, marketing and communications manager at Equifax. However, the average Canadian score is about 650 according to First Foundation Residential Mortgages.

So if you have a score higher than 650, then you know that you are better than average Canada.

What can I do if I have too much debt and too low a score?

Please, please, please, do not fall prey to the “guaranteed bad history loan” industry. So, if you have too much debt that is causing you too much stress because you cannot repay it, don’t worry about your score. The most important thing is to get into a place where you can manage your debt and regain y our health and control of your life.

You should book a meeting with an experienced licensed insolvency trustee first. (The first consultation is free.) Ira Smith Trustee & Receiver Inc. brings a cumulative 50+ years of experience dealing with diverse issues and complex files and we deliver the highest quality of professional service.

Contact us today and Starting Over, Starting Now you’ll be well on your way to overcoming your financial difficulties. Ultimately your credit score will thank you for having fixed the problem once and for all.

THIS VLOG WAS INSPIRED IN PART BY OUR eBOOK – PERSONAL BANKRUPTCY CANADA: Not because you are a dummy, because you need to get your life back on track

Tags Beacon credit score, Beacon score, Canadian credit score calculator, Credit, credit report, credit score, FICO, FICO score, Ira Smith Trustee, starting over starting now

Brandon Blog Post

STUDENT DEBT COUNSELLING: ARE WE DOING ENOUGH TO REDUCE THE COST OF STUDENT LOANS?

Post author By Brandon Smith
Post date August 8, 2016

Amazon Prime getting into the US student loan business but not student debt counselling

As you will see from this blog, there is a huge need for student debt counselling, as new entrants into the student loan business are enticing students with new offers. The financial services industry in the United States is changing rapidly with many non-traditional companies getting into the game. The latest is Amazon Prime. They’re now offering discounted student loans to Amazon Prime Student customers through a partnership with Wells Fargo.

Although this type of program is now only available in the U.S., and while we typically discuss things that affect Canadians, we felt that anything that could cut the cost of a student loan was worth reporting. However, keep in mind that this does nothing for student debt counselling so that students are better able to handle debt. It is merely a financial opportunity with little risk as further described below.

Our previous student debt counselling and student loans blogs and vlogs

Student loan debt is such a serious issue that we’ve written a series of blogs and vlogs on the subject.

Canadian Federation of Students study

According to the Canadian Federation of Students (CFS), the impact of Canada student loan debt is that today’s students are the most indebted generation in Canadian history. They can certainly use student debt counselling.

The average student graduates with over $28,000 of debt. Tuition fees and living costs continue to rise, and there’s no solution in sight. The CFS has been lobbying the federal government for students, to no avail. And it’s not better south of the border where tuitions and the student loan debt is proportionally greater.

Perhaps CFS should also lobby the provincial governments to include student debt counselling as a mandatory grade 12 subject in high school!

Is Student Debt Counselling Being Offered to Amazon Prime Student customers?

Through the partnership, Wells Fargo is not offering any student debt counselling, but is offering student loans Amazon Prime Student Customers (not students whose parents have a Prime membership of their own):

A 0.50% interest rate discount
This can be added on top of a 0.25% interest rate reduction for enrolling in an automatic monthly loan repayment plan
In addition, any interest rate discount tied to another Wells Fargo global promotion

Students can apply for a new student loan or refinance existing student loans.

Why would Amazon Prime want to get into the student loan business

Of course this partnership benefits Amazon and Wells Fargo financially. However, it does not give any education to college students through student debt counselling. Amazon Prime will no doubt have many more sign ups and Wells Fargo will have access to many more potential borrowers. But the bottom line is that the student will benefit by having access to discounted student loans. Hopefully someone in Canada will also find a way to help lighten the student loan debt load.

However, there is even a greater reason. In Canada, a bankruptcy discharge will only end student loans if you’ve ceased to be a full or part-time student for more than seven years and either declare personal bankruptcy or make a debt proposal to your creditors, most likely through a consumer proposal. The only other option is to attempt to seek from the Court relief because of undue hardship, but this is very difficult, if not impossible.

If you think it is difficult under Canadian law to end student loans, it really is impossible under the US Bankruptcy Code. The leading case in the US, which subsequent decisions have followed, is, Marie Brunner v. New York State Higher Education Services Corp. (October 14, 1987, #41, Docket 87-5013). This case set a precedent for defining the concept “undue hardship” in bankruptcy discharges of student loans.

Suffice to say that if a bankrupt in the US is seeking a discharge of all of his or her debts, including student loan debt, the mere fact that they can afford to hire and pay an attorney can be used as evidence that if they have funds to pay legal counsel, then there is no undue hardship for them to agree to a repayment plan on account of the student loan debt after they get their discharge from bankruptcy and their non-student loan debts.

Since the debt will in almost every case always be owing and payable, it is a safe bet for Amazon Prime.

Are you in need of student debt counselling or credit counselling?

No matter the cause of your serious debt issues, The Ira Smith Team is here to help. Debt is not insurmountable; there are always options. With proper counselling, immediate action and a solid plan, we can help get your life back on track Starting Over, Starting Now. Our trustees are also certified in credit counselling. Give us a call today.

Tags Amazon Prime, Amazon Prime Student, canada student loan, discounted student loans, Ira Smith Trustee, marie brunner, starting over starting now, student debt, student debt counselling, student loan debt, student loan repayment, student loans, the impact of student debt

Brandon Blog Post

#VIDEO-DEBT MANAGEMENT PROGRAMS REVIEW#

Post author By Brandon Smith
Post date August 3, 2016

Not all debt management programs are created equal

I have written previous blogs and made vlogs in the past about debt management programs, including:

Non-profit credit counselors are the good guys in the debt relief industry, which is otherwise full of players that are bursting with lies, scams and sketchy practices.

We have done the consumer proposal or bankruptcy of many people who first paid upwards of $2,500 to for profit “counselors” who ultimately did no more than pass the people on to a licensed insolvency trustee. They could have received a better service just going straight to a trustee for a free consultation.

Contrary to popular belief, a licensed insolvency trustee by law must first evaluate to see if the person can AVOID bankruptcy. So as you can see, not all debt management programs and companies are equal.

Do debt management programs work for everyone?

Debt management credit counselors need to acknowledge that their signature offering — the debt management plan — doesn’t work for everyone.

Debt management programs are promoted as the best bankruptcy alternative and an affordable way to pay back credit card debt. Borrowers make payments to the counseling agency, which then pays the creditors. Thanks to standing agreements that counselors have with credit card companies, the plans typically cut the interest rates, fees and payments that borrowers need to make. Full repayment of the debt often takes four to five years.

If borrowers make all the payments and repay the principal completely, debt management programs have much less impact on their credit scores than other types of debt relief.

Debt management programs were rampant in the United States

During the financial crisis in 2007-2009, debt management programs could be found on infomercials day and night. There were so many shady characters in the industry, the States ultimately had to enact laws to reign the shady operators in.

Needless to say, the shady operators did not give any worthwhile service for the fees they charged. But even the legitimate and well-meaning credit counselors mistakenly believed that their debt management programs were good for everyone. What I have found in my experience as a licensed insolvency trustee, is that no two people’s situations are the same, and one size does not fit all.

The story of Francine Bostick

Francine Bostick, a woman who lives in Kansas and paid off more than $120,000 in credit card debt in 2012, says she emerged with credit scores good enough to buy her first-ever new car. “It was exciting and made me a little nervous when they did the credit check,” says Mrs. Bostick, 66. “We got 0 percent interest for the life of the loan.”

This sounds great, but, yet Mrs. Bostick is also an example of what may be wrong with credit counseling because:

Her husband Jim Bostick had Alzheimer’s disease and she was his caregiver
Francine worked 12-hour days to earn the money to make debt payments while also caring for her increasingly incapacitated husband, who died in May
She had to do this when others her age were retiring
She never got to spend quality time with Jim before his death

If she lived in Toronto or Vaughan, what would I have advised?

Francine had never been bankrupt before and she did not have any significant assets. She and Jim rented – they did not own a home. In Francine’s case, she would not have had to make any surplus income payments in a bankruptcy. Although a consumer proposal is a great alternative to bankruptcy, Francine could not afford to complete one by only working one job in an 8-hour day, but she and Jim would be able to live on those earnings and their pensions.

In this case, I would have advised Francine that bankruptcy was a better alternative because:

Francine could have spent more time with her dying husband – that she can never get back now
She would received an automatic discharge after 9 months, and not worked so hard for several years
Just like in bankruptcy, she had no access to credit while in her debt repayment program
She could have begun rebuilding her credit faster after the bankruptcy
There is little leeway for missing a payment in debt management programs – many times if you miss 1 payment the entire program ends
Some people find that they simply can’t afford the payments on debt management programs, while others drop out because of setbacks such as job loss, unexpected expenses or illness
If you cannot fully complete the debt management programs, creditors can resume collection efforts, and borrowers also have flushed thousands of dollars down the drain and might not have enough money left to live on

What should you do if you have too much debt and are considering one of the debt management programs?

So, those thinking about debt management programs should book an appointment with an experienced licensed insolvency trustee first. (The first consultation is free.) That way, they will be able to understand the choice they make.

Ira Smith Trustee & Receiver Inc. brings a cumulative 50+ years of experience dealing with diverse issues and complex files and we deliver the highest quality of professional service. Contact us today and Starting Over, Starting Now you’ll be well on your way to overcoming your financial difficulties.

THIS VLOG WAS INSPIRED IN PART BY OUR eBOOK – PERSONAL BANKRUPTCY CANADA: Not because you are a dummy, because you need to get your life back on track

Tags Bankruptcy, Consumer Proposal, credit counselor, debt management programs, Ira Smith Trustee, licensed insolvency trustee, starting over starting now, surplus income, toronto, Vaughan

Brandon Blog Post

INVESTMENT FUND: EXPENSE RATIO CAN INSTANTLY PRODUCE AWFUL RETURNS!

Post author By Brandon Smith
Post date August 1, 2016

Investment fund introduction

We have handled many insolvency cases of people and companies where an investment fund with negative returns, combined with a highly leveraged balance sheet, was a major reason for financial problems. This week we’re continuing our series on confusing financial terms that can cost you more than you bargained for. As trustees we see people in financial distress from a variety of reasons, but there seems to be a commonality – most people find financial lingo confusing.

This confusion magnifies when it relates to an investment fund they have bought, but don’t really understand. We have handled many cases where people having read articles about the tax and investment benefits of leverage, borrowing for investment purposes, do so by borrowing against the family home to invest in financial products they don’t understand!

Sometimes, if they have invested too heavily, not only is their investment at risk, but so is their family home! This series of blogs should clarify many confusing financial terms and with this knowledge help you to make more informed financial decisions. We’ve previously discussed Balloon Payments and APY – Annual Percentage Yield. Our current topic is expense ratios.

What is an investment fund expense ratio?

An expense ratio is a percentage of your investment fund or ETF that’s charged annually to cover its operating costs. These operating costs may include administrative charges, management fees, custody costs, legal expenses, marketing and transfer agent fees among others.

How can I find out what the expense ratio is on an investment fund that I’m interested in investing in?

Every investment fund has a prospectus (a legal document providing details about an investment offering for sale to the public) containing the expense ratio. The prospectus is sent to shareholders every year and shared with potential investors. And, since we live in the information age, a fund’s expense ratio can also be found on financial websites and in newspapers (both online and in print).

How can an expense ratio negatively impact my investment funds?

The expense ratio directly reduces an investment fund’s returns to its shareholders, which reduces the value of your investment. The lower your costs are the greater your investment’s return will be. Every dollar you pay in operating costs is one dollar less that’s earning money for you. Even small differences in fees can impact on your investment over time.

What if my investment fund heads south and I can no longer service my debts?

Making the right financial decisions is crucial to your financial health. Unfortunately many Canadians are now struggling with debt that seems insurmountable. The Ira Smith Team is here to tell you that we’re here to help, regardless of how dire your situation seems now. Make the right decision and give us a call today. Starting Over, Starting Now we can get you back on the road to financial health. Watch for future blogs when we’ll be discussing other confusing financial terms that can impact you financially.

Tags Annual Percentage Yield, APY, balloon payments, confusing financial terms, expense ratio, financial health, high expense ratio, investment fund, Ira Smith Trustee, prospectus, trustee

Brandon Blog Post

#VIDEO – SUBPRIME CANADA: LOANS NOT HURTING THE HOT GTA REAL ESTATE MARKET OR ONTARIO#

Post author By Brandon Smith
Post date July 27, 2016

Subprime Canada loans the introduction

Our vlog this week is on how subprime Canada loans are not hurting the GTA real estate market, or the Ontario economy at all. Last Tuesday, we published our blog titled PERSONAL INSOLVENCY: DROP IN OIL PRICES SERIOUSLY IMPACTING CANADIANS FINANCIALLY. One of our findings was that in Ontario, the rate of insolvency filings declined.

The reason is simple. The Ontario economy is not dependent on higher oil prices for its strength.

When I think of subprime lending, I think of the meltdown in the US economy in 2007 and 2008, and all the people who lost their homes. As can be seen in this year’s Presidential election, there is a lot of unhappiness in the US about many things, including jobs, wages and the economy. Globally everyone is looking for change; Canada’s Liberal party under Justin Trudeau and their sweep to power and the recent Brexit vote, are merely two recent examples of the global wish for change.

Recent TransUnion data on subprime Canada lending

Recent data shows that subprime Canada lending, is not having an effect on the Canadian economy and certainly is not hurting the hot GTA real estate market or Ontario. The data points out some interesting trends:

subprime Canada lending is becoming a bigger part of Canada’s economy
the average amount owed on Canadian credit cards rose by 1.8 per cent over the past year, but among subprime borrowers, it rose 5.7 per cent in a year
among less risky borrowers with good credit ratings, credit card balances have been declining, by 1.5 to 4.7 per cent over the past year

“Average balances haven’t moved much, if you consider all Canadians together,” TransUnion director of research and analysis Jason Wang said in a statement.

“But once we segment by risk tiers, we find a gradual shift where subprime consumers are increasing their share of the debt load relative to the low-risk population.”

The TransUnion research included the following types of subprime lenders and subprime lending:

subprime mortgage lenders
subprime personal loans
subprime auto lenders
subprime credit cards

Subprime Canada delinquency rates

There are also regional differences in delinquency rates. The TransUnion data shows that delinquencies shot up in Alberta by almost 12 per cent, but declined in Ontario (and BC, who also has a hot Vancouver real estate market). Despite the growth in subprime Canada lending, TransUnion found that Canada has a generally healthy and well-functioning consumer credit marketplace, at least outside oil-exporting regions.

So what does this subprime Canada lending data mean

When you combine the catapulting delinquency and insolvency rates in the oil patch, and see that higher credit score people outside of the oil patch are reducing debt and their delinquency rates, it points out the regional disparities. It shows how the oil patch economy is suffering due to low oil prices. It shows me that sustained low oil prices will only keep the hurt going in the provinces that are dependent on higher oil prices for jobs and consumer spending.

What should you do if you have too much debt and can’t borrow more even in subprime Canada?

In our earlier blog titled SUBPRIME PERSONAL LOANS SECRETS REVEALED, I advised that if you can’t qualify for a traditional loan, a subprime loan is not the answer to your problems. High interest rate subprime personal loans are not an answer for being unable to repay your debts. Taking control of your debt with the help of a professional trustee is the answer.

Meet with one of our licensed insolvency trustees for a free consultation with Ira Smith Trustee & Receiver Inc.

We’ll discuss all your options. The options include bankruptcy alternatives – credit counselling, debt consolidation and consumer proposals. We will also tell you about bankruptcy if that’s the best option for you.

There is a way out of your financial problems. We can offer the right solution for you. We will do so without resorting to a subprime loan Starting Over, Starting Now.

THIS VLOG WAS INSPIRED IN PART BY OUR eBOOK – PERSONAL BANKRUPTCY CANADA: Not because you are a dummy, because you need to get your life back on track

Tags Consumer Proposal, credit counselling, credit score, Ira Smith Trustee, licensed insolvency trustee, personal insolvency, subprime auto lenders, subprime canada, subprime credit cards, subprime lenders, subprime lending, subprime mortgage lenders, subprime personal loans

Brandon Blog Post

PERSONAL INSOLVENCY: DROP IN OIL PRICES SERIOUSLY IMPACTING CANADIANS FINANCIALLY

Post author By Brandon Smith
Post date July 25, 2016

Drop in oil prices = a rise in personal insolvency

Personal insolvency is the financial condition where you can no longer meet your debts as they come due or your assets, if sold, are worth less than the amount of your debt.

When many of us read about a drop in oil prices we either cheer at the pumps or cry when we exchange Canadian into U.S. dollars for our next trip. But, for many Canadians the drop in the price of oil means so much more; it has seriously affected their lives financially.

As a result of the drop in oil prices, thousands of people working in the oil and gas industry lost their jobs. And, there is a direct correlation between loss of jobs and personal insolvency.

According to the Canadian Association of Insolvency and Restructuring Professionals (CAIRP):

In Alberta, where the bulk of Canadian oil and gas activity occurs, the total number of personal insolvency filings in the 12 months ending April 30, 2016 rose 32.5% compared to the same period a year before.
In Saskatchewan, personal insolvency cases were 22.5% higher.
Newfoundland and Labrador, which has its own oil and gas industry and is also home to many workers who travel to the western provinces, saw a rise of 25.6% in personal insolvency filings of either a consumer proposal or bankruptcy filing.

Why are insolvency trustees still seeing the effects of the drop in oil prices over a year later?

It takes time for the full impact of layoffs to be felt. After a period of prolonged unemployment many Canadians have exhausted their savings, their credit and their safety net. This resulted in more than 11,000 people in Alberta enter personal insolvency proceedings compared to just over 8,000 the year before. Trustees in Alberta, Saskatchewan and Newfoundland and Labrador are continuing to see sharp increases in consumer insolvency.

Edmonton’s 53.3 per cent spike in insolvency filings was the sharpest in Canada in the past year. In Calgary the rate rose by 18.3 per cent. The rate jumped by 37.7 per cent in Newfoundland and Labrador, 10.4 per cent in Prince Edward Island, 22.9 per cent in Manitoba and 30.2 per cent in Saskatchewan.

Ontario and Quebec were the only provinces with a decline in their insolvency rates.

What can you do if you’re facing serious financial difficulties?

Take the advice of CAIRP. The first thing you should do is visit a Licensed Insolvency Trustee to get thorough professional advice. In the words of CAIRP’s President and Chief Operating Officer Mark Yakabuski, “They are professionals who can arrange for a stay of most creditor actions, and can offer Canadian consumers with advice on all of their debt repayment options.”

Tags alberta, CAIRP, Canadian Association of Insolvency and Restructuring Professionals, debt repayment, debt repayment options, oil prices, personal insolvency

Brandon Blog Post

#VIDEO-HIDING ASSETS IN BANKRUPTCY: HIDE AND SEEK WITH SERIOUS CONSEQUENCES#

Post author By Brandon Smith
Post date July 20, 2016

Hiding assets in bankruptcy is a huge mistake

When you are contemplating filing for bankruptcy, don’t believe that hiding assets in bankruptcy proceedings will work for you. A licensed insolvency trustee is very good at finding undisclosed property. And if you intentionally try to hide assets, you could face severe consequences.

Some people filing for bankruptcy think that if they don’t list property in their sworn statement of affairs, they can dupe the licensed insolvency trustee and keep the property. This is a huge mistake and illegal.

The first assessment

A licensed insolvency trustee does a full assessment of the person considering filing for bankruptcy, to decide if they can avoid bankruptcy. The Trustee will get a written statement from the debtor of his or her assets and liabilities.

In addition to requesting the person to list all of his or her assets, there will also be certain questions, such as:

Have you sold, disposed of, or transferred any assets in the past twelve months?
Have you sold or transferred any property in the past five years while you knew yourself to be insolvent, either in Canada or Elsewhere?
Have you made any gifts to a relative or other person that was of a value in excess of $500.00 in the past five years?
Have you received any lump sum payments or settlements in the last 12 months?

The purpose of these intake questions is so that the Trustee can get a full picture of the person’s situation, to give the best advice possible about using bankruptcy proceedings, or some other options that are available to the person as an alternative to and a way to avoid bankruptcy.

The Trustee’s analysis, which includes comparing the answers to these questions to, the person’s current budget of income and how they spend their money, their expenses, and the assets listed by them, may very well highlight inconsistencies, which will lead to more questions, and probably uncover the assets that the person is attempting to hide.

As part of the Trustee’s analysis, the Trustee will also want to look at some recent bank statements as well as your filed income tax return and notice of assessment for the previous year. There may very well be things jumping out of this review that will highlight inconsistencies, if someone is trying for hiding assets in bankruptcy.

Finally, the person’s creditors have a lot of information about the debtor’s financial affairs. Once the person files for bankruptcy, his or her creditors get notice of the bankruptcy and look at the disclosure on the sworn statement of affairs. If they are aware of an asset that has not been disclosed, I can guarantee you that they will call the Trustee to ask what about that other asset – and then tell the Trustee when they say, what are you talking about?

In a proposal filing we recently did, the person, in making an honest mistake, forgot to tell us of a piece of real estate they own with a sibling, bought for their mother to live in. The mother pays the running costs of the property. With all the stress the person was under, they sincerely forgot to tell us.

Once we mailed our notice to creditors, two days later a creditor emailed us asking what about the real estate, and supplied us with a title search to prove that the real estate is apparently half owned by our client! We then had to rework the proposal to account for this extra value.

So what if I just don’t list the asset(s) – will this work for hiding assets in bankruptcy?

If you think that hiding assets in bankruptcy is a good way to hang on to your property; think again. This is not a minor matter. In fact it’s a violation of the Bankruptcy and Insolvency Act (BIA) and the Criminal Code and it’s punishable by hefty fines and/or prison time.

Committing fraud against the government is never a good idea and the likelihood is that you will get caught. When the Trustee has reason to believe that an offence exists, we report it to the Office of the Superintendent of Bankruptcy Canada (OSB). The Superintendent sends the file to one of its special investigation units.

The investigation units work closely with the Royal Canadian Mounted Police (RCMP). The OSB encourages people to report fraudulent activities that relate to a bankruptcy file and they even have a toll-free number to call 1-877-376-9902. The OSB will encourage the RCMP to press criminal charges.

In addition to fines and/or prison time, if you are trying for hiding assets in bankruptcy:

You will not get a discharge of your debts
The Trustee can revoke your discharge and those debts cannot be discharged in future bankruptcies

Still think that hiding assets in bankruptcy is a good idea?

Honesty is always the best policy. If you make an honest mistake, just let your Trustee know, so they can figure out the best way to handle it.

If you are thinking of declaring bankruptcy, contact Ira Smith Trustee & Receiver as soon as possible. We will guide you through the process and Starting Over, Starting Now get you well on your way to living a debt free life.

THIS VLOG WAS INSPIRED IN PART BY OUR eBOOK – PERSONAL BANKRUPTCY CANADA: Not because you are a dummy, because you need to get your life back on track

Tags avoid bankruptcy, Bankruptcy, declaring bankruptcy, hiding assets in bankruptcy, Ira Smith Trustee, licensed insolvency trustee, Office of the Superintendent of Bankruptcy Canada, proposal, RCMP

Brandon Blog Post

LICENSED INSOLVENCY TRUSTEE TORONTO SAYS LOTTERY JACKPOT CAUSES BANKRUPTCY

Post author By Brandon Smith
Post date July 18, 2016

Introduction

As a licensed insolvency trustee Toronto, when I first came across this study, frankly I was quite surprised. After all, how could my neighbour’s good luck have such an adverse effect on me? Nevertheless, according to a study co-authored by University of Alberta professor, Barry Scholnick for the Federal Reserve Bank of Philadelphia, if your neighbour wins a big lottery you could go bankrupt.

Why would the neighbours of lottery winners go bankrupt?

It all boils down to “keeping up with the Jones”. The study says that your going bankrupt likelihood increases when your neighbour buys a big house, fancy cars, boats; anything that’s highly visible or showy. Then the neighbours, feeling pressure to keep up or compete, also go on a spending spree. However, without the cash from a lottery win, the neighbours’ finance their spending sprees with debt and beat a clear path to bankruptcy. Sadly, it’s not just the neighbours of lottery winners that go bankrupt. As a licensed insolvency Trustee Toronto I can say that a high percentage of lottery winners go bankrupt too.

How many lottery winners go bankrupt?

44% of those who’ve ever won large lottery prizes became broke within five years, according to a 2015 Camelot Group study.
33% declared bankruptcy according to the Certified Financial Planner Board of Standards.
Other studies show that lottery winners often become estranged from family and friends, and incur a greater incidence of depression, drug and alcohol abuse, divorce, and suicide than the average person. As a licensed insolvency trustee Toronto, we must also help the person seek help for their medical condition/addiction, as part of helping them solve their financial problems.

All of a sudden lottery winners have an enormous amount of money on their hands and they have no idea what to do with it. Instead of seeking financial advice from a licensed professional and investing a large part of their money for the future, they go on wild spending sprees and pretty soon they’re worst off then they were before. Then they have to go see someone like me, the bankruptcy trustee.

Can a licensed insolvency trustee Toronto help me?

What the study shows is that a big lottery win will not grant you immunity from bankruptcy. Regardless of the reasons that you’re in serious debt, you need the help of a professional trustee. Ira Smith Trustee & Receiver Inc. approaches every file with the attitude that we will solve your corporate or personal financial problems given immediate action and the right plan. Give us a call today and take the first step towards a debt free life. We are a licensed insolvency trustee Toronto that can get you back on the road to financial health, Starting Over, Starting Now.

Tags bankrupt, Bankruptcy, big lottery win, declare bankruptcy, Ira Smith Trustee, keeping up with the Jones, licensed insolvency trustee Toronto, lottery winners, trustee