Ira Smith Trustee & Receiver Inc.

FALSE PRETENCES: OUR STEP-BY-STEP NEW APPROACH CREDITORS MUST TAKE FOR THEIR CLAIM TO SURVIVE A BANKRUPTCY

Post author By Brandon Smith
Post date April 12, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic. Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

If you would prefer to listen to this Brandon Blog’s audio version, please scroll to the very bottom and click play on the podcast.

False pretences and bankruptcy introduction

Just because you have filed for bankruptcy, doesn’t mean you are free and clear of your debts. In fact, some debts, such as those obtained with the use of false pretences, may not be discharged through bankruptcy at all.

A creditor can file a form 31 proof of claim for a debt incurred by false pretences. However, it takes more than just stating it in a proof of claim. A court must have made that determination. If not, the debt can be ruled as dischargeable through bankruptcy. But if the court has made that determination and it is the basis of the claim, that debt will not be discharged upon the bankrupt receiving his or her bankruptcy discharge.

I have discussed the topic of false pretences and bankruptcy before, but based on a recent Ontario court decision, I need to break down the basics of this type of debt and how it relates to a person’s bankruptcy.

What is a false pretence?

A false pretence is a false claim or statement made to induce a person to part with property or to give some valuable thing or advantage. It is a criminal offence in Canada. False pretences are the main element of the crime. The essence of this common law offence is that a person knowingly makes a false statement of fact, intending to induce the victim to act on it to his/her detriment. The reason why the false pretence is punished is that it is a fraud on the public.

Some people choose to give false information when they apply for credit or an extension of credit to make their financial situation look better. This is often done by people who have no intention of repaying the debt and therefore use certain fake information with the intent of deliberately misleading the creditor. They are hoping that the potential creditor will not verify all the information. They can get away with this when they are not required to prove false information with the creditor.

Crimes of Dishonesty: What is the criminal offence of false pretences?

The offence of false pretences is a criminal offence that occurs when a person obtains property from another person by deceiving or defrauding the other person. This can be done either by a false representation of existing facts or by a false promise. The person must intend to defraud and in doing so possess the intent to commit an offence. This is a fairly complex offence under paragraph 362(1) of the Canadian Criminal Code and includes a wide variety of possible scenarios. More often than not, it involves obtaining personal property under false pretences.

Section 362(1) of the Criminal Code of Canada states:

“Every one commits an offence who

(a) by a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;…”

If you have been charged with a criminal offence under subsection 362(1)(a) of false pretence in Canada, you need to ensure you have a good defence. Sometimes, it is a difficult offence to prove beyond a reasonable doubt. The only thing the Crown really needs to prove is that you made a false representation to obtain the property of another and that the other person believed you (and was therefore defrauded). It is up to you to ensure that you have a good defence.

But I am not writing this Brandon Blog to focus on criminal behaviour. Rather, I want to discuss this concept from the perspective of someone who might file an assignment into bankruptcy.

Debt arising from false pretences not released by the bankrupt’s discharge

Section 178 (1)(e) of the Bankruptcy and Insolvency Act (Canada) (BIA) states that an order of discharge does not release the bankrupt from any type of financial obligation or liability arising from obtaining property or services by false pretences or fraudulent misrepresentation other than a debt or liability that arises from an equity claim.

In the past, it was quite customary for a creditor seeking judgment for recovery of a debt who is alleging that the debt arises from circumstances caught by section 178(1)(e) of the BIA to also seek both the civil judgment for the money and also a declaration in the judgment that the debt is one of the debts that falls into the category of not being released just because the bankrupt received his or her bankruptcy discharge. This relief was sought even though the defendant was not involved in any bankruptcy proceeding.

In the past, the courts have provided such relief where the evidence before the court substantiated it, notwithstanding the defendant was not an undischarged bankrupt. There are now two cases in Ontario that say such a dual judgment, both the civil award of money plus the BIA debt declaration will not be made anymore where there is not an actual bankruptcy proceeding.

The most recent false pretences released decision in Ontario – *Bank of Montreal v. Mathivannan, 2021 ONSC 2538***

On April 6, 2021, the Honourable Justice Kurz of the Ontario Superior Court of Justice released his decision in this case. The Bank of Montreal (BMO) was attempting to get a summary judgment against a defendant for $35,723.71 plus pre as well as post-judgment interest as a result of an unpaid conditional sales contract.

BMO alleged in its statement of claim that the claim arose because the defendant had fraudulent intent by purposely misrepresenting her employment and employment income in her application for credit, being a statement in writing, under a conditional sales agreement for an automobile. The false document application was made to the dealership for financing to purchase a vehicle from it. The conditional sales agreement was then assigned to BMO as a normal financing business practice that is used.

The defendant was noted in default. Under the rules, when noted in default, it is as if the defendant admitted the allegations of fact contained in the statement of claim. However, the opposite is not true. The plaintiff is not necessarily entitled to a judgment merely because the allegations of fact are deemed to have been admitted. They actually must be proven.

The deemed admissions of fact that come from the statement of claim are that:

Defendant made certain representations as to her employment and her employment income.
BMO relied on those representations and provided the defendant credit.
Those details supplied by the defendant were false.
That false information was created solely for the objective of defrauding BMO to advance credit for the purchase of the vehicle.
BMO gave the credit based on those representations.

The court’s decision regarding the false statements in the credit application document

The court determined that BMO’s statement of claim:

Falls short to state how the false statements meet the test for false pretences or fraudulent misrepresentation.
It did not say whether they were significant or not.
The affidavit evidence used to support the statement of the claim simply offers the verdict that they were false and illegal.
With those non-inclusions, the pleadings in the claim do not support a finding of fraudulent misrepresentation or false pretences.

The court had no problem in giving BMO judgment for the civil claim for money, being the $35K plus pre and post-judgment interest. Where the court had a problem was in the evidence of the fraud. Therefore, the request for the additional relief of stating that the debt is one not released by the defendant’s discharge when she obtains her discharge from bankruptcy has not yet taken place.

The court did not grant the additional relief to protect this claim in the event the defendant ever declared bankruptcy. But there is another, and in my view, deeper reason, which all plaintiffs finding themselves in the position of BMO and seeking the same kind of two-phase relief must keep in mind.

The court should not issue hypothetical decisions even with deceitful conduct

The court did not doubt that the defendant made the false statement. What the court said, following the decision of the trial judge in Royal Bank of Canada v. Elsioufi, the Honourable Mr. Justice Dunphy, that there was not an essential legal basis to determine fraud to approve the civil monetary judgment requested. Justice Kurz followed the thinking of Justice Dunphy by stating that even if a positive finding of fraud were called for to release a judgment, he would certainly refrain from doing so.

That is because it would stand for a theoretical declaration applicable to a bankruptcy case before that proceeding beginning. Justice Kurz also concurred with Justice Dunphy that courts ought to make decisions based on examined evidence and not only based on admissions or even on consent.

So the old-fashioned method in Ontario of bringing to court the request for not only a civil monetary judgment, but also a declaration that the debt falls under s.178(1) of the BIA and therefore not discharged upon the discharge of the bankrupt is over. In the words of Justice Dunphy:

“I am moved to issue this brief endorsement for publication purposes as I have noticed a growing practice of some to request such declarations on a routine basis. I may even have signed one or two before giving the matter further thought and research and I have concluded that the practice is to be discouraged.”

Justice Kurz refused to grant BMO any sort of special costs in its motion, as it did not need to make that kind of motion merely to get the civil monetary claim in a judgment.

***False pretences*: A new creditor blueprint is needed**

Now that at least in Ontario, if the old way will not work anymore, what is a creditor to do now? It is not only for a claim falling under false pretenses or fraudulent misrepresentation but potentially many other of the classes of debts falling under section 178(1) of the BIA including false pretences or fraudulent misrepresentation.

The above-noted court decisions can be instructive. First, if a plaintiff believes that the debt was incurred because of a type of fraud, including false pretences or fraudulent misrepresentation, hard evidence should be provided to the court. Proof using genuine documents, a copy of original documents proving breach of trust, is evidence that should be included.

It should not merely be a deponent’s or plaintiff’s conclusion given the known facts being deposed. It should support a finding of the fraud, even though the court may refrain from making a finding of fraud to deliver a civil monetary judgment in favour of the plaintiff. Providing this evidence will be important later on.

Next, there must be an actual bankruptcy. Either the person must have recognized their financial condition of insolvency and filed an assignment in bankruptcy or a creditor have the court issue a Bankruptcy Order against the person. It could even be the judgment creditor able to prove that the person ought to be adjudged bankrupt.

Third, once bankrupt, the judgment creditor should file a proof of claim with the licensed insolvency trustee administering the bankruptcy estate. Proof of the debt would be the judgment which would be attached to the proof of claim and marked as “Schedule A”.

Fourth, does the plaintiff continue to believe that the claim falls under one of section 178(1) of the BIA exclusions and would survive the person’s discharge from bankruptcy, such as false pretences? If so, then the creditor can make an application to the bankruptcy court to lift the stay of proceedings against the bankrupt, for the creditor to attempt to obtain a judgment from the court that the claim of that creditor is not released by the discharge of the bankrupt.

Fifth and final, the creditor having obtained such leave, can then make a new application to the court for the specific finding that the court refused to make in both of the cases I discussed above. The original evidence supplied by the creditor in its original application will now become very important for the court to review. That is why I said it should be pleaded, with evidence when the civil monetary judgment was sought so that it could be relied upon now.

False pretences summary

I hope you enjoyed the false pretences Brandon Blog post. Are you worried because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option? Call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

The tension put upon you is big. We know your discomfort factors. We will check out your entire situation and design a new approach that is as unique as you and your problems; financial and emotional. We will take the weight off of your shoulders and blow away the dark cloud hanging over you. We will design a debt settlement strategy for you. We know that we can help you now.

We understand that people and businesses facing financial issues need a realistic lifeline. There is no “one solution fits all” method with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. The majority of our clients never do. We help many people and companies stay clear of bankruptcy.

That is why we can establish a new restructuring procedure for paying down debt that will be built just for you. It will be as one-of-a-kind as the economic issues and discomfort you are encountering. If any one of these seems familiar to you and you are serious about getting the solution you need, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

Tags Bank of Montreal v. Mathivannan, bankruptcy and insolvency act canada, common law offence, crimes of dishonesty, false pretence, false pretences, false pretences and bankruptcy, false statements, form 31 proof of claim, fraudulent intent, fraudulent misrepresentationi, licensed insolvency trustee, personal property, proof of claim, Royal Bank of Canada v. Elsioufi, Section 178 (1), what is a false pretence, what is the criminal offence of false pretences

Brandon Blog Post

CANADA HOUSEHOLD DEBT: HOW COVID-19 AFFECTED HOUSEHOLD DEBT AND IS THERE A LOOMING CORONAVIRUS DEBT CRISIS?

Post author By Brandon Smith
Post date April 7, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

canada household debt

Canada household debt: Pre-pandemic debt pressures

Pre-pandemic, Canada household debt was continually increasing. The number of homes carrying debt has increased significantly over the last decade. In 2012, Statistics Canada reported that for the average household, Canadian households’ debt-to-income (DTI) ratio was 150%. That means that debt was rising at a rate of $1.50 for every dollar of income. This was up from $1.10 or 110% the year before. In the first quarter of 2020, the DTI ratio hit 175.4%. The ratio had been stuck at that level since about 2016.

This increase in debt can have a negative effect on a household’s bottom line — and the larger the debt, the greater the negative effect. In this Brandon’s Blog, I discuss what has happened to Canada household debt during the COVID-19 pandemic.

How COVID-19 Affected Household Debt in 2020: Canada household debt well supported by a temporary income surge

Whether you consider the federal and provincial financial assistance given to Canadians primarily through Canada’s COVID-19 Economic Response Plan as an income surge or not, findings released by Canada Mortgage and Housing Corporation (CMHC) in November 2020 show that the government assistance did help Canadians cope with Canada household debt.

The key findings in Canada in the CMHC report were:

Q2 2020 Canada household debt ratio is 17% down from the Q1 ratio at 158%.
The DTI ratio for home mortgage debt was also down, falling from 115% to 105%.
These declines were a straight outcome of a boost in household disposable income.
The degree of outstanding Canada household debt had not changed.
On average, Canadian household disposable income grew by almost 11% between the Q1 and Q2 of 2020 and by 15% year over year.
The government’s temporary transfer of money to Canadian families had the effect of decreasing the Canada household DTI ratio to a ratio not seen since 2010.
canada household debt

COVID-19: The second wave brought uncertainty on household debt

How Has COVID-19 Affected Canada Household Debt? Around the time of the second wave, the COVID-19 pandemic had actually changed the family financial picture. The DTI ratio is a crucial indication of financial obligations as a vulnerability for primarily the financial real estate industries.

The Canada household debt-to-income ratio decreased in all significant Canadian cities in the second quarter of 2021. Under regular scenarios, such a decline would certainly indicate a general strengthening in families’ capacity to pay off financial debt. Federal government subsidies effectively supported the household lost income. This more than likely helped Canadians with lowering their non-mortgage debt throughout those months. Nonetheless, the mortgage part of Canada household debt has increased in the majority of metropolitan areas while employment has contracted.

At the same time, mortgage deferrals on mortgage payments offered by Canadian financial institutions stopped. This of course leads to worries about the ability of Canadians to stay current on their mortgage payments, even with the current extremely low-interest rates. Other government assistance programs have already ended or are coming to an end. The end of the government support programs leading to the temporary boosting of household income now brings uncertainty as to how Canadians will be able to manage to carry and pay down their household debt levels.

Canada household debt: Higher-income increases drive DTI ratios down

Statistics Canada also came out with an interesting report about the economic impacts of how COVID-19 affected household debt in 2020. The key findings of the Statistics Canada report are:

The gap between the lowest and highest income groups declined in 2020. As you might expect, the reason was that lower-income families received a greater share of government COVID-19 funds than higher-income households. Therefore, lower-income households saw more growth in household income than high-income earners, so, the gap closed.
There was a more powerful rebound in disposable income for lower-income households as well as younger households. Again, government coronavirus pandemic-related funds transfers are the reason why.
Lowest-income and youngest families experience the biggest decline in wages and salaries. As mobility restrictions, shutdowns and lockdowns took place across Canada, travel, food and beverage and the hospitality industries were hard hit because of closings for an extended period. These industries provided employment for many lower-income people. Layoffs resulted in declines in wages and salaries.
The dollars of COVID-19 assistance doled out by the federal government surpassed the losses in employment and self-employment incomes suffered.
COVID-19 support procedures have the biggest impact on lower-income and more youthful households.
Families were able to reduce monthly expenses to the point where it was less than their monthly income from all sources to boost their savings and cash balances on hand in 2020.
Lowest-income and youngest families saw the largest wealth gains.
Low lending rates facilitated home buying for lower-income and younger Canadians.
Lower-income families restricted their consumer debt balances on credit cards and other non-mortgage debt.
Younger homes restricted consumer credit (non-mortgage) borrowing in spite of higher consumer spending.
The biggest changes in DTI ratios occurred in lower-income and also younger families as opposed to higher-income households.
canada household debt

Canada household debt: How will COVID-19 affect financial assets, delinquency and bankruptcy?

The Canada Emergency Response Benefit (CERB) supplied financial support to Canadians who experienced negative financial impact by the COVID-19 pandemic. Eligible Canadians obtained $2,000 for a 4-week period (the same as $500 a week), between March 15 and September 26, 2020. Roughly $82 billion was paid to about 8.9 million Canadians through the CERB program which ended in September 2020.

The Canada Recover Benefit (CRB) sustains Canadians that have actually not returned to work as a result of COVID-19 or whose earnings have actually been reduced at the very least by 50%, and who are not eligible for Employment Insurance (EI). Eligible Canadians should be searching for work and accepting a job where it is reasonable to do so. The CRB gives $500 a week for up to 38 weeks. It is available only for 1 year. You make an application for the CRB for 2 weeks a time through your online CRA MyAccount. You have to wait until after you’ve missed out on 2 weeks of work to apply.

So the CERB is over. The CRB will get kicked to the CRB by this Fall. The Canada Emergency Wage Subsidy for support businesses continuing to employ people is supposed to end this June. Mortgage payment deferrals are over. Although during the first wave courts were closed so lawsuits were not advancing and at the same time collection agencies were not hounding people.

The courts have been open and litigation continuing for some time now. Over the last few weeks, people calling in to inquire about consumer proposals and personal bankruptcy have been saying they are getting calls from collection agencies looking for money, including, credit card debt payments. So pretty soon we should be back to business as usual as far as debt collection is concerned.

To date, as indicated above, COVID-19 has allowed Canadians in general to increase their financial assets and their rise in household net worth. As already described, for those lower-income families, the government support measures have actually had an increase in household income.

Delinquencies in Canada household debt have been ignored to a large extent in 2020 and bankruptcy filings were the lowest on record in 2020 in two decades. I expect that to change, as nobody is currently addressing any form of debt hangover. That is debts that people had pre-pandemic where no principal has yet been paid down and lenders have been understanding and therefore not pressing for collection. As collection calls increase, I expect that personal insolvency filings will also.

I expect that there will also be an increase in corporate insolvency filings. So far in Canada, most of the filings have been large retailers, certain cannabis companies and Laurentian University seeking bankruptcy protection in order to restructure under the Companies’ Creditors Arrangement Act (CCAA). As the economy gets better, companies will need to restart, hire more staff and generally gear up for an increase in business.

Companies will need capital to do so. Unless a company is sitting with a large cash balance, which for the majority is unlikely, they will need to tap into available lines of credit or do fresh borrowing. Lenders who have been understanding to date, may not wish to increase their exposure to certain companies or industries. If companies do not have the cash to operate, they will fail.

How will COVID-19 affect financial assets, delinquency and bankruptcy? I will now provide you with some thoughts to consider.

Canada household debt: Predictions and financial challenges for 2021

Canadians will be facing a great financial challenge as the economy rebounds from the economic impacts of the coronavirus. Canada’s economy pretty well made a sudden stop due to the COVID‑19 pandemic crisis.

This has actually caused extensive income losses, producing a tough scenario for many Canadian families. This is especially true for those that are highly indebted. From a financial stability point of view, a key worry is whether homes can stay up to date with their financial obligation payments. Highly indebted Canadians may very well end up in a financial crisis.

The COVID‑19 pandemic has a worldwide reach, and its aftermath is a lot more uncertain than how we recover from a normal recession. Economic activity will most certainly rebound as mandated lockdowns are gradually relieved. However, this will likely be a slow process, implying some of the macro-financial results of the pandemic might linger.

The Bank of Canada is worried about the 2021 financial challenges for all Canadians. To what degree can homes weather the storm? Canada’s central bank says that this eventually depends on:

the financial wellness of households last February 2020;
the efficiency of Canadian government support measures and policy activities targeted at the recovery; and
the rate at which the labour market recuperates.

The Bank of Canada will be looking at many Canada household debt factors as the economy recovers. Specifically concerning are the more financially vulnerable households. Things that will give the Bank of Canada concern about household liabilities are:

Mortgagors (the homeowners) with not many financial guardrails.
Home equity credit lines can supply a financial reserve however at the expense of increased borrowing.
Will government fiscal policy aid in supporting Canadians until household income can get back to or exceed pre-pandemic levels?
Unemployment rates may not be a fully accurate indicator of household revenue losses.

Only time will tell how 2021 unfolds for Canadians and the economy.

Canada household debt summary

I hope you enjoyed this Canada household debt Brandon Blog post. Are you worried because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option? Call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Tags affected household debt in 2020, bank of canada, canada household debt, Canada household debt well supported by a temporary income surge, Canada's COVID-19 Economic Response Plan, Canadian households' debt-to-income, credit card debt payments, delinquency and bankruptcy?, government support programs, Higher-income increases drive DTI ratios down, How COVID-19 Affected Household Debt in 2020, How Has COVID-19 Affected Canada Household Debt?, How will COVID-19 affect financial assets, Ira Smith Trustee, mortgage deferrals, pre-pandemic debt pressures, Statistics Canada, The second wave brought uncertainty on household debt

Brandon Blog Post

How Much Does A Consumer Proposal Cost: We Show You Our Rules To Make It FREE

Post author By Brandon Smith
Post date April 5, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

If you would prefer to listen to the audio version of this Brandon Blog, please scroll to the very bottom and click play on the podcast.

How much does a consumer proposal cost: Only pay a Trustee for consumer proposal services

This Brandon Blog answers the question “how much does a consumer proposal cost?”. There is one thing that I want to get out of the way first, that directly impacts the cost of a consumer proposal. The only party authorized by law to administer a consumer proposal in Canada are licensed insolvency trustees (formerly called bankruptcy trustees).

There are many firms that advertise that they will settle your debts without you having to see a licensed insolvency trustee (formerly called a trustee in bankruptcy). They sell you on the sizzle of staying away from a licensed trustee implying that visiting a reputable bankruptcy trustee will immediately mean that bankruptcy will be your only option.

These firms promise a lot but deliver little or nothing. In return, you need to pay the high fees. Then, when they have charged you everything they can, they walk you down the street to a licensed insolvency trustee (Trustee) to administer a consumer proposal for you. So they end up taking you to the exact professional they first told you to avoid when they cannot charge you any more fees. Why can’t they charge you any more fees? Because by then, you have wised up to their game!

So do yourself a favour. The easiest way to know how much does a consumer proposal cost is to make an initial Trustee visit for a no-cost initial consultation to learn all your debt relief options and forget about the non-licensed debt management company.

How much does a consumer proposal cost: Getting rid of debt

When you are buried in debt, things like saving for the future can seem impossible. This is because you are trying to climb up a hill with a heavy backpack on your back, making it hard to take a step forward. You may even be tempted to stop trying when you hear everyone else talking about how they are able to save so much, but you wonder why you can’t.

If you’re looking at a pile of unpaid bills and thinking, “I just can’t afford to make those payments” or “I can’t believe I’m falling so far behind,” you’re not alone. But you’re not hopeless. It is possible to get out from under crushing debt and start getting ahead. The first step is to stop making the situation worse with missed payments and late fees. To do this, you need to make a plan.

Managing your debt is a lot like dieting – it looks easy and straightforward on the commercials, but when you get down to doing it, it’s a whole different story. There are hundreds of books and websites out there, each with different tips and techniques that you can follow to help you get a handle on your debt. Here are a few things to consider:

As I have written in several blogs before, a self-help remedy is always the best. First look at all your monthly income sources and all your expenses for a typical month. Create a budget showing what it all is so that you can figure out how much more you are spending each month than you earn. Now, look critically at all your behaviours during a typical month that leads to that spending. What can you cut out?

Also, look at your total monthly income. Do you have the time for and ability to either get a second part-time job or create a side hustle for yourself in order to earn more income? Based on all this reflection, what is the best budget you can come up with to try to spend no more than you earn, after-tax? This will let you see if you can work yourself out of your financial challenges by having excess money each month to pay off your debts or not.

If yes, terrific. Put your plan into play and pay down your debts. Curb your credit card spending so that you only charge what you can pay off by the due date. If not, then perhaps you need to visit a Trustee.

How much does a consumer proposal cost: Get a personalized debt free plan

When people talk about getting out of debt, it can sometimes be hard to know where to start. If you’re stressed about your financial situation, the last thing you want is to be confused by too many options and not know what to do. Thankfully, there’s a way to get a personalized debt-free plan that will help you figure out what to do and how to get out of debt. We can help you develop a debt relief plan that will put you on the path to a debt-free life.

If you have overdue consumer financial debts, you are receiving telephone calls from financial debt collectors. Although personal bankruptcy gives a fresh start for those that are drowning in debt, in my view, it is the last resort for those that have maxed out their credit cards. If you require an financial clean slate, a consumer proposal is an excellent way to relieve yourself of the stress and anxiety of too much debt. It is the only federal government-approved method for debt settlement.

In an initial no-cost consultation with a Trustee, all possible debt relief options will be discussed. At the end of the consultation, you will have a clear understanding of what personalized debt-free plan is best for you. Let us know dive deeper into how much does a consumer proposal cost.

How much does a consumer proposal cost: A negotiated debt settlement

You can easily look back on some of my earlier blogs to refresh yourself on all the details of what a consumer proposal is and how it works, including my Brandon Blog CONSUMER PROPOSAL FAQ: ANSWERS TO 10 TANTALIZING CONSUMER PROPOSAL QUESTIONS. To save you time, the important points to remember are that in the consumer proposal process:

You can settle your unsecured debts totalling a level of debt of $250,000 or less, not including any mortgages or lines of credit secured by way of a mortgage or other charge against your personal residence.
The settlement of debts will be at a total dollar settlement value much less than the total outstanding debt you owe.
The amount you will have to pay in a consumer proposal is based on what your creditors can expect from your bankruptcy. The bankruptcy statute in Canada states that your offer in the consumer proposal must be better than what your unsecured creditors would receive in your bankruptcy. Although there is no guarantee as to what the final amount will be, as a general rule of thumb, you can consider a consumer proposal totalling 25% of the total amount you owe as a good rule of thumb.
You can take a period of time up to 5 years to make monthly consumer proposal payments to the Trustee, who acts as the Administrator of your proposal, to pay the entire consumer proposal fund. The Trustee then makes the required creditor distributions to your unsecured creditors on a pro-rata basis.
A Trustee is the only debt professional in Canada who is licensed and supervised by the Canadian government, through the Office of the Superintendent of Bankruptcy Canada. A Trustee is the only professional that can offer consumer proposals services.
how much does a consumer proposal cost

The Cost of a Consumer Proposal in Ontario

In Canada, the term consumer proposal refers to a formal, legally binding arrangement between a debtor and creditors, involving a lump sum payment spread over equal monthly payments to the Trustee but taking no more than 60 months.

This money is then used by the Trustee to make the necessary creditor distributions in return for a consumer proposal discharge. The creditors agree to accept a portion of the outstanding debt in full settlement. A consumer proposal is a viable option for those who are having trouble paying their debts because they are disabled, unemployed, or have suffered a loss of income.

How much does a consumer proposal cost is on everyone’s mind when they contemplate filing one. When we think of cost, our minds first go to “how much will the licensed trustee charge me for all this?”. The reality is that the amount the insolvent debtor will have to pay to the Trustee who is called the Administrator in a consumer proposal to create the proposal fund is a direct result of what the unsecured creditors could expect to receive in the debtor’s bankruptcy filing. The statute says that the offer to the unsecured creditors has to be better than what they could expect to receive in the debtor’s bankruptcy.

Let’s look at a real example so I can better illustrate this. Assume we have an insolvent debtor who would be a first-time bankrupt. Assume that their personal situation in their filing for bankruptcy is as follows:

Surplus income payments of NIL.
Assets realization of $20,000 and non-exempt assets therefore not sold by the Trustee.
Total liabilities of $173,000.

So in this bankruptcy process, the total fund that would provide for the payments to creditors would be $20,000 in the bankruptcy. The fee and disbursements allowed for the Trustee in this bankruptcy example are governed by the bankruptcy statute. The fee is therefore called a tariff fee. For purposes of figuring out what kind of consumer proposal would be required, the tariff fee of the Trustee in this bankruptcy is irrelevant.

Assuming the person in this example did not commit any sort of bankruptcy offence, there is nothing more to discuss as to what each creditor could expect out of the bankruptcy. They would receive their pro-rata share of the distribution.

In order for a consumer proposal to be a better alternative for the unsecured creditors, I suggest that a consumer proposal filing offering a total payment of $25,000 payable in regular monthly payments over a maximum five-year period would be appropriate.

This is the cost of this consumer proposal in Ontario, $25,000. As this example shows, how much does a consumer proposal cost has zero relationship to what my Firm would earn as the Administrator.

How much does a consumer proposal cost: Consumer proposal costs in Ontario

As the Administrator of a consumer proposal, I am entitled to a tariff fee stipulated in the Rules to the Bankruptcy and Insolvency Act (Canada). There are also some administrative expenses and taxes to be paid. What the tariff allows, to be paid from the consumer proposal fund, is as follows:

$750 payable on filing a copy of the consumer proposal with the Official Receiver;
$750 payable on the approval or deemed approval of the consumer proposal by the court;
20% of the money distributed to creditors under the consumer proposal, payable on the distribution of the money;
the costs of counselling at $85 per session, payable after each session, to a maximum of two sessions;
the fee payable to the official receiver in the amount of $100, payable at the time of filing a copy of the consumer proposal;
the fee payable to the registrar in the amount of $50, but only if you have to go to Court; and
all applicable taxes for GST/HST.

The final amount payable not listed above is the levy payable to the federal government calculated at 5% of any distribution made to the creditors. This payment to the government is what pays for the administration of the Canadian bankruptcy system.

So taking the above example of the $25,000 consumer proposal, the consumer proposal calculation assuming everything went smoothly and there was no need to go to Court would go as follows:

Category	$
Payment under proposal	25,000.00
Counselling fees (2 x $85) for Administrator	170.00
The fee paid to the Official Receiver	100.00
Administrator’s fees	1,500.00
HST on above fees ($2,250)	292.50
The amount available for distribution	22,937.50
Administrator fee of 20% of the money distributed to creditors	4,587.50
Applicable HST	596.37
5% Levy payable	887.68
Total amount to be distributed to the unsecured creditors	16,865.95

So in this example, out of the total consumer proposal fund of $25,000:

- The amount paid for the consumer proposal is $25,000.
- This represents 14.5% of the total liabilities.
- The Administrator earned fees (net of HST) totalling $6,257.50.
- The Administrator earned fees are paid for by the unsecured creditors as it is deducted from the amount they would otherwise receive.

Therefore, how much does a consumer proposal cost the insolvent debtor? The cost to the debtor for the Administrator’s services is FREE!
how much does a consumer proposal cost

How much does a consumer proposal cost: Get a personalized debt free plan today

I hope you enjoyed this how much does a consumer proposal cost Brandon Blog post. Are you worried because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option? Call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

how much does a consumer proposal cost

Tags bankruptcy statute, Consumer Proposal, consumer proposal filing, consumer proposal payments, crushing debt, debt professional, debt relief options, debt settlement, Get a personalized debt free plan, getting rid of debt, how much does a consumer proposal cost, licensed insolvency trustee, monthly income, negotiated debt settlement, only pay a trustee for consumer proposal services, personal bankruptcy, settlement of debts, the cost of a consumer proposal in ontario, trustee in bankruptcy

Brandon Blog Post

WHY CHOOSING THE EXECUTOR OF THE WILL CAN BE SO INTENSE: NECESSARY INGREDIENTS FOR CHOOSING THE RIGHT EXECUTOR

Post author By Brandon Smith
Post date March 31, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Smith Estate Trustee Ontario and Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Choice of an executor of the Will: Choosing the right executor for your estate

When a person dies, that is not the time to begin preparing for who will carry out the wishes of the dead person in connection with their assets. Without a properly drafted Will, your family could be in for a long and uncomfortable legal battle. This is why it is so essential to obtain the right advice early on and naming the appropriate person or persons as the executor of the Will.

Whether you’re single, married, or have a blended family, there’s a good chance that you will certainly need to select an executor of the Will of your estate. This is the person who will supervise accomplishing your desires after you die. The executor will make certain your wishes are accomplished in such a way that is fair to your heirs under Ontario laws. However, without proper paperwork, this may not go as efficiently as you may really hope. To avoid this, you need to carefully think about and then pick who or whom should be your executor(s).

Who can be an executor of the Will in Ontario?

Have you ever heard of the term “executor”? You will come across it when you or a loved one create a Will. In Ontario, the executor is now called an Estate Trustee. However, in this Brandon Blog, I will continue to use the old name. It is normal that one of your closest friends or family members will be named in your Will as an executor, meaning they’re responsible for carrying out the instructions in your Will.

There are really no requirements in Ontario for someone to be an executor of the Will. To be an executor of someone’s Will, you must be at least 18 years old and have the ability to comprehend what is expected of you in that role. Hopefully, the person or people selected also have no record of fraud!

The executor is essentially the person holding the purse strings when it comes to your estate. They’re to see the will through from beginning to end: paying off bills, selling off any excess belongings, and distributing the rest to your beneficiaries.

The role of executor is an extremely important fiduciary role. Performing the duties of an executor of the Will incorrectly can have a profoundly serious effect on the beneficiaries and families involved for generations to come. So by now, it should be obvious to you that not everyone who can be an executor should be chosen to be THE executor. Having the right executor best suited for your estate should be the cornerstone of estate planning.

Choosing the ideal executor of the Will for your estate

The best estate trustee for your estate will depend upon the complexity of your estate, your specific wishes and needs. You and your lawyer ought to think about several elements when choosing an executor, consisting of:

Given your assets and beneficiaries, what skills should the executor possess and how active will their involvement be in the estate?
Whether they will need to make financial decisions.
Do they have the necessary skill set and financial acumen to properly administer your estate?
Whether they have a good and trusted relationship with your heir and with various other relatives.
Do they have good conflict-resolution skills?

You also must be mindful as to how normal life events may have changed your needs when considering an executor of the Will. The person or people you chose under your first Will when your family was young and your biggest asset might have been the proceeds under your life insurance policy may no longer be the right choice years later when your children have their own families and your estate assets look much different. Complex estates also require executors to have different skill sets than what is needed to administer simpler estates.

The executor of the Will: Consider people in good financial standing

Becoming a good executor of the will requires time and effort. To act as executor means you will have legal responsibilities and you’ll be making crucial choices regarding the deceased’s properties, including:

Paying off debts.
Taking the estate through probate and calculating and paying the Ontario probate fees called the Estate Administration Tax.
Completing one or more income tax returns that the deceased may have not filed and paying the taxes.
Managing and perhaps selling assets such as real estate.
Distributing assets to beneficiaries.
Filing the estate tax returns and paying the necessary tax.

You will want to make sure that whoever you pick as executor under the Will, will be able to properly administer your estate through the entire estate administration process.

So as a starting point, you will want to make sure that the estate trustee that you pick as your personal representative who will be dealing with your personal finances, should be someone trustworthy who has both the necessary skills to handle the financial matters and has a good financial standing. In Ontario, an undischarged bankrupt cannot be an estate trustee.

How much power does an executor of the Will have over the estate?

An executor of the Will is a person who has been named to administer an estate when someone dies, but what does that involve? The executor’s responsibilities include:

making sure that funeral arrangements have been properly made and funeral costs are paid;
gathering up important documents;
getting official copies of the death certificate;
paying off any debts;
wrapping up any loose ends like liaising with government agencies;
gathering up the funds and then closing out the deceased’s bank accounts; and
figuring out how to handle any property.

In other words, an executor has a lot of responsibility and a lot of power. So much power that an executor may be required to post a bond with the province of Ontario to cover any potential losses.

It’s a common misconception that the executor of an estate has complete control over the assets and can freely distribute them to whomever they choose. In reality, that’s not the case. When someone passes away, their estate becomes a separate legal entity, and once the executor has finished settling the estate’s affairs, the estate’s assets must pass to the designated beneficiaries. However, the executor has many powers that can help them better manage the estate.

The powers of an executor of the Will, come from the wording of the Will. If the executor finds that they do not have sufficient powers to properly carry out their duties, then the executor would have to retain a lawyer, get legal advice and then make an application to the court to get those additional powers. Since an executor has personal liability, they should not overstep their authority by taking actions they do not have the power to under the Will.

How do I make sure an executor of the Will is honest?

Succession preparation includes the estate planning documents. As part of that process, there needs to be a properly thought out procedure of picking a proficient, responsible, and trustworthy individual to handle an estate, trust, or business, upon the death of the creator of that wealth.

It is extremely essential to have a detailed succession plan in your estate and to make certain that your executor recognizes his/her duty, has the necessary skills and is willing to carry out what they will be called upon to do.

A well-known saying is “you get what you pay for” which is more often true when it involves choosing your executor. The executor is the person responsible to execute the terms of a Will or Trust. If they are not up to the task, your estate can get involved in a great deal of trouble.

At the end of the day, you have hopefully chosen someone to be the executor of the Will that not only has the ability to perform all necessary tasks but also someone who out of respect for their relationship with you and your wishes will carry them out honestly and efficiently.

Can there be 2 executors of a Will?

There are numerous concerns that emerge when a loved one passes away. One that is usually asked is can there can be more than one executor of the Will? In short, yes, there can be more than one executor, but there are some instances when that may not be the very best course of action.

So what are the realistic options? There can be a sole executor, an alternate executor or co-executors. Each one has its pluses and minuses. As the name suggests, a sole executor is 1 person only who has full responsibility to take all the necessary actions involved in settling the estate and then turn the money or specifically designated property over to the beneficiaries.

What is and why have an alternate executor? Just because someone is named as an executor of the Will, it may be the case that when the time comes, the person named is either unwilling or unable to act. Perhaps the Will was drawn up one or two decades ago and now the circumstances of the named executor have changed. So just in case, an alternate executor can be named in case the primary executor cannot act.

The Ontario Trustee Act contemplated such a situation. Examples of reasons why the primary executor may be unwilling or unable to act are because they are now:

Having a change of heart and is now unwilling to act. An executor can recuse themselves before they start to take any action as executor. Once they start acting though, the only way they can be removed is through a court order.
Is now is unfit to act.
Predeceased the one who just died.
Have been convicted of an indictable offence.
An undischarged bankrupt or insolvent and trying to settle their debts under the Proposal provisions of the Bankruptcy and Insolvency Act (Canada).

Our sister business, Smith Estate Trustee Ontario, acts as a substitute executor when an executor of the Will needs to be replaced by the court.

In any of these situations, the alternate executor hopefully can and is still willing to act. The alternate executor would have the estate’s lawyer make an application to the court, provide proof for the reason why the named executor cannot act and the court can appoint the alternate executor (or any other party the beneficiaries may wish to nominate if proven that the alternate is unfit to act).

As the name implies, co-executors means that two or more people have been appointed to act together as an executor of the Will. This can help ensure that your estate is divided up as you intended and the co-executors can both split the work between them and also be a check on each other’s work.

They have someone they can confer with when unsure about something, rather than putting the estate to expense by consulting first with one of the professional advisors. The main disadvantage of having co-executors is that if you have an even number of executors and there is a major disagreement right down the middle, it will probably take the intervention of the court to have the decision made. This creates otherwise unnecessary cost and delay.

It is probably one of the most serious decisions in estate planning. Yu do not want to pick the wrong executor.

Choice of the executor of the Will: Using a trust company

Should you consider naming an estates professional as your executor? A trust company is such a professional executor. If you named an estate professional to oversee the distribution of your estate as executor, this approach typically results in less conflict and fewer disagreements between family members than naming a family member to be executor.

However, you should know that in naming an estate professional trust company, you are naming a corporate executor with well-established and unwavering policies and procedures to handle the estate administration process. The person at the trust company handling your relative’s estate is not going to care about the relationship issues between the beneficiaries and other family members.

They also are not going to worry about hurting someone’s feelings. The cost of using a trust company is cut and dry where a close friend or family member may waive any fee they may be entitled to as executor.

In some situations choosing a trust company as your corporate executor of the Will can be a smart option. A trust company is a company authorized to act as a trustee for a trust. The trust company is not the creator of the trust, nor is it the owner of the trust property.

The trust company is an independent third party, which is chosen by the now-deceased person to act as the executor of the Will. A trust company is an excellent choice as executor when the estate is very large and complex.

Whether one or more people or a trust company is a better choice to be the executor really depends on the size and complexity of the estate and the relationships of all the family members involved.

The executor of the Will summary

I hope you enjoyed the executor of the Will Brandon Blog post. If you are concerned because it is now time to act under the Will, but the named executor is unwilling or incapable of acting, that is where Smith Estate Trustee Ontario can be of assistance. We act as substitute trustees appointed by the court in such situations.

Have you been administering an estate and now you have determined that it is an insolvent estate? Are you worried because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option? Call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Smith Estate Trustee Ontario and Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Brandon Blog Post

FINANCIAL WELLNESS: IMPROVE YOUR RELATIONSHIP WITH MONEY

Post author By Brandon Smith
Post date March 29, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

If you would prefer to listen to this Brandon Blog’s audio version, please scroll to the very bottom of this page and click play on the podcast.

What Is Financial Wellness?

Financial wellness is the state of being free from financial stress or worry. By managing your financial health you can avoid the feelings of anxiety and despair that come from worrying about money. When you are financially well you have the ability to focus your energy on the things that really matter to you.

The phrase is everywhere these days. It’s a buzzword that’s getting a lot of attention. But what does it actually mean? When you boil it down, financial wellness is simply about being responsible with money. It’s about paying attention to how you spend, saving for the future, and making sure you can take care of yourself and your family.

Why is financial wellness important?

Financial wellness is important because it’s the first step to planning and achieving your goals. If you don’t know where your money goes, how can you ever be sure that there is enough for the things you want and need? Your ability to pay bills and avoid debt can determine whether or not you have a good credit score, and whether or not you can apply for a mortgage or a loan for a house or a car. This creates unnecessary financial stress.

In this Brandon Blog, I discuss the aspects of financial wellness and what it means for your overall enjoyment of life.

This blog is an expansion of a recent blog titled: “Take Care of Yourself, Take Care of Your Money” I wrote for our national association that we are a member of, the Canadian Association of Insolvency and Restructuring Professionals.

Financial wellness & stigma

It’s difficult to remember a time when the word “debt” didn’t have a negative connotation. Whether you’re talking about consumer debt, medical debt, or debt related to other services, the ominous word is never far from its less than attractive cousins “recession” and “bankruptcy“.

Yet even in the midst of a pandemic, in September 2020, credit reporting firm Equifax Canada stated increasing mortgage balances pressed average financial debt per Canadian consumer up to $73,532. This is up 2.2% from the prior year and despite the financial impact of the COVID-19 pandemic.

Financial health can be part of an overall health wellness program which will certainly aid in decreasing any kind of stigma. The Financial Consumer Agency of Canada stated that “mental, physical and financial wellness are three pillars of good health”. They say this with great certainty as almost fifty percent of Canadians have financial tension in their lives. Virtually as many, according to a 2018 survey carried out by the Canadian Payroll Association, would certainly have economic pressure and financial shock if a paycheque came late.

Financial wellness & productivity

The number one reason people will credit with helping them make and save money and make proper financial decisions is their parents. So why not make the home for your entire family the number one place to learn about money and manage it? Look for personal finance articles, books and courses that can teach you everything from general money management to specific techniques for saving money on groceries to investing. This is also known as improving your financial literacy.

Also, look for advice on your overall well-being so you can have a healthy relationship with money and your family that will last all of you a lifetime. Overall good health, taking the stressors out of your life as much as possible and financial well-being will lead to increased productivity and overall enjoyment of life.

The principles of physical health are well promoted through health institutions. It consists of a well-balanced diet regimen, exercise, and healthy life selections. The importance of psychological well-being in the form of self-care and mindfulness is obtaining awareness through networks beyond medical care specialists. Its value has been highlighted a lot more throughout the pandemic.

In my experience as a Licensed Insolvency Trustee (“Trustee”), the principles of financial well-being and financial wellness still challenge Canadians. I never see it included as a component of overall health in discussions over awareness of physical and mental health wellness. Perhaps because in our consumption-driven world, saving cash through excellent money management abilities isn’t as “awesome” a subject to brag about or to become a social media influencer in!

Nonetheless, establishing monetary objectives and achieving them is extremely rewarding. Self-control today will certainly pay dividends in the future. So just how do we get there to a nirvana state of financial well-being? The same way as we do with a physical health and wellness goal – with self-control and good habits, forming new behaviours.

I recommend that as a first step, draw up a checklist of financial planning objectives and a timeline. Take stock of your financial obligations, rates of interest you are paying, monthly payment amounts and days of the month that payments are due. Understand your assets, liabilities, income and all of your expenses.

Goals: Financial wellness programs need realistic goals

The biggest mistake people make when trying to establish financial wellness is setting financial goals they have no realistic chance of achieving. This is not an achievable goal if it is too high, or too grand. If necessary, break a larger objective into smaller-sized objectives that can be attained in a reasonable period of time to stay clear of discouragement. If you set out to lose 100 pounds, you might be scared off because of how much time that would certainly take. Going for a few pounds a week or month would certainly help keep you motivated.

If all you do is have the idea of being debt-free or have $100,000 in your bank account, that goal is probably unattainable. There is no roadmap of steps to take to get there and there is no timeline attached to such a goal. However, aiming to pay all your monthly bills on time, conserving 5% of every paycheque to have some emergency funds on hand or paying off your highest interest rate financial debts at the rate of $50 a week is reasonable and measurable.

***Financial wellness*: Nutrition**

Barring any serious medical concerns, conventional weight loss wisdom focuses on calories. If you burn more calories than you ingest, you will certainly slim down. Budgeting takes the same approach. As long as your monthly spending is less than your monthly income, you will achieve your financial well-being monthly goals. In tracking your monthly spending you need to look at all the ways you spend in any month: cash, cheque, debit card and credit cards.

Don’t make the mistake that many people do in forgetting that the only amount you have to spend is your net monthly income, net of the income tax you need to pay to the Canada Revenue Agency. You need to look at your last year’s income tax return to see the total amount of income tax you paid, not just the amount deducted at source. If you received a refund, then you should not have to save extra to pay that income tax bill in April. If you had to pay more than what was deducted at source, you better plan to save that amount of money during the year so you will have it the following April.

Analyze every expenditure and determine just how well it aligns with your financial health goals for a better financial life. What is more important? The expenditure or the sensation of financial wellness that will be accomplished if you had that much more cash to put in the direction of paying down debt, building up an emergency savings fund or starting or adding to a retirement savings plan.

***Financial wellness*: Exercising**

Running on a treadmill is excellent for your physical health and wellness. Yet unless that treadmill is powering your home, when it comes to your financial well-being you will require a different type of exercise. That is an exercise in discipline. Understanding just how a “need” is different from a “want”.

After covering the requirements of life, you need to focus on what spending will certainly get you closer to attaining your goals, and which do the opposite. I am not recommending that you lead a reclusive life yet search for financial savings and effectiveness to get you closer to the financial well-being you are striving for. Is there a less costly cafe? Can I get that same fashion look for much less? Don’t deny yourself, but at the same time do not overreach.

My grandfather’s depression-era wisdom is still appropriate today: if you pinch pennies hard, you will get nickels.

Financial wellness in the workplace

Most people have financial stress in their lives, whether they realize it or not. For some, the stress may be simply a question of meeting their bills. For others, it may be more complex such as how to:

reduce the stress of dealing with creditors;
set up a savings account to handle an unexpected financial blow; or
achieve financial security.

Regardless of the type of financial stress people face, a financial wellness program can help them find solutions and create a plan to reduce their stress over money. Employees that have their stress reduced will be more productive. So it is in the employer’s best interests to institute a financial wellness program in the workplace.

It all starts with a financial wellness assessment

The idea of a financial wellness assessment might seem a bit like financial group therapy. A professional looks at your situation, from your income to your debts, and asks questions about your financial goals. It can be stressful to open up about your financial situation, but it’s an important step toward taking control of your money. It’s also an opportunity to learn about products and services that may help you achieve your financial goals.

The result of the financial wellness survey will be written up in a financial wellness report. A financial wellness report is a tool that helps you identify the state of your finances, your level of financial distress and the main source of stress. It is a tool that you can use, which provides you with objective information about your financial situation and what steps you can take to improve it.

Measure the success of your financial wellness program

If you’re a company concerned about the financial wellness of your employees, don’t just rely on gut feeling to measure your program’s effectiveness. Instead, use a quantitative approach to measuring the success of your financial wellness program, as this will help you better understand where your employees are at financially and what works and what doesn’t in your program.

If you’re seeking a successful financial wellness program, you need to assess yours. You may feel as if your program is successful, but have you measured it to be sure? Any employee financial wellness program aims to improve each employee’s financial position and to reduce the amount of financial stress in their lives. The best way to measure your financial wellness program’s success would be to measure how your employees have advanced in achieving their financial goals established in the financial wellness assessment.

After an appropriate length of time, depending on each unique set of goals, another financial wellness assessment should be conducted and the results of the newer one compared to the prior one. What an employee has achieved and how they feel about it is an extremely important measure. New goals can be set, old goals can continue to be worked on or recalibrated. All this is intending to keep your employees on track to achieve their financial goals, improve the level of financial wellness peers experience and reduce the stress in their lives.

Financial wellness guide information for employees

This listing is not meant to be exhaustive. Some of the things that your employees might need to learn about in financial wellness workshops to improve their every day finances might be how to:

Track your finances
best manage assets, liabilities, income and expenses
Improve your relationship with money
Create, track and adjust your personal budget
Money management skills
Have control over day to day spending
Set up and maintain positive money habits to reduce your money worries
Understand the key elements behind your spending habits and how to fix what needs fixing
Know how much life insurance you may need and how to choose the best for you from the different types of insurance
Maintain a good credit score
Fix your credit
Deal with Canada Revenue Agency and income taxes
Create goals for when you have extra money
Deal with unexpected expenses
Create the financial resources to meet your household’s needs

What are the financial consequences of debt?

I hope you enjoyed this financial wellness Brandon Blog post. Sometimes financial literacy and financial education have to take a back seat to fix an immediate financial problem. Education can come both as part of the solution as well as continuing after debt problems have been solved. Student debt, bad debt, Canada Revenue Agency income tax debt, other personal debt and corporate debt, credit card debt and an unmanageable debt load are all examples of financial problems we have solved for other individuals and entrepreneurs and their companies.

If you are concerned because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option, call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

We understand that people and businesses facing financial issues need a realistic lifeline. There is no “one solution fits all” method with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. The majority of our clients never do. We help many people and companies stay clear of bankruptcy.

That is why we can establish a new restructuring procedure for paying down debt that will be built just for you. It will be as one-of-a-kind as the economic issues and discomfort you are encountering. If any one of these seems familiar to you and you are serious about getting the solution you need, contact the Ira Smith Trustee & Receiver Inc. group today

Call us now for a no-cost consultation. We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Tags Canada Revenue Agency, credit cards, financial decisions, financial goals, financial literacy, financial security, financial stress, financial well-being, financial wellness, financial wellness & productivity, financial wellness & stigma, financial wellness assessment, financial wellness report, financial wellness survey, money management skills, relationship with money, what is financial wellness, why is financial wellness important

Brandon Blog Post

EVANDER KANE CONTRACT: CAN AN INVOLUNTARY CHAPTER 11 BANKRUPTCY UNVEIL INDENTURED SERVITUDE?

Post author By Brandon Smith
Post date March 24, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Evander Kane contract: Evander Kane to bankruptcy court – Lenders’ argument violates U.S. ban on slavery

In January 2021, I wrote about the then-recent voluntary filing of Evander Kane Chapter 7 bankruptcy on January 9, 2021. That is one of the chapters in the United States Bankruptcy Code, the federal bankruptcy law in the USA. I talked about the main reason for his personal trouble leading to his bankruptcy being gambling losses. Evander Kane is an NHL forward. The Evander Kane contract is held by the San Jose Sharks.

I also explained the issue that Arkansas-based Centennial Bank was suing both Evander Kane and the Sharks. They claim that they owe over US$8M, containing principal, interest and bank costs after both Kane and the team stopped making payments in 2019. Until then, the Sharks had been deducting loan payments from the salary they would otherwise be paying him under the Evander Kane contract. This was Centennial Bank’s only source of repayment.

According to Centennial Bank’s case, the Sharks were anticipated to make continual regular monthly distributions to the bank by subtracting funds from Kane’s wages till the total owing was fully repaid. In its claim, Centennial insists that it was Evander Kane that had in fact got the Sharks to stop payments on the loan from the Evander Kane contract with the San Jose Sharks.

Before discussing the current twist in his bankruptcy, let’s go over a few basic details.

What Is a voluntary bankruptcy?

A voluntary bankruptcy in the US and in Canada is the same concept. The process is just a little different. In the United States, in a voluntary bankruptcy, the insolvent debtor brings a bankruptcy petition before the U.S. Bankruptcy Court to declare bankruptcy because they are insolvent and cannot afford to pay their debts in full as they come due.

In Canada, the reason for filing a voluntary bankruptcy is the same. The insolvent debtor meets with a licensed insolvency trustee and files an assignment in bankruptcy. The licensed insolvency trustee then administers the Canadian bankruptcy process under the Bankruptcy and Insolvency Act (Canada).

Evander Kane filed for voluntary bankruptcy, notwithstanding the Evander Kane contract pays him millions of dollars.

What Is an Involuntary Bankruptcy?

Involuntary bankruptcy is a legal action that creditors bring against an insolvent individual or company that will force the insolvent debtor right into bankruptcy. In Canada, the requirement to bring a Bankruptcy Application by any creditor, or group of creditors is to prove that:

they are owed at least $1,000; and
that the debtor has committed one or more acts of bankruptcy in the preceding 12 months.

If the Bankruptcy Application is successful, the Court will issue a Bankruptcy Order and the insolvent debtor will officially be bankrupt.

The Evander Kane contract

It has been reported that until now, Evander Kane has earned $52.9 million over his 11-year span in the NHL. In his bankruptcy declaration, Kane stated that in each of the last 3 years the San Jose Sharks Evander Kane contract paid him:

Year US$ wage

January 1 to December 31, 2018 $6,000,000.

January 1 to December 31, 2019 $7,000,000.

January 1 to December 31, 2020 $7,000,000.

The current Evander Kane contract was originally a seven-year contract. This is a seven-year, $49 million deal. The contract had a signing bonus of $12 million and an average annual salary of $7 million. His current season salary is said to be $3 million. Evander Kane becomes a free agent at the end of his current contract in 2025. All figures are in US dollars of course. Right now in the NHL’s 2020-21 season, Evander Kane is the Sharks’ second-leading scorer

That is unless the Evander Kane contract is repudiated by him through his bankruptcy. I highly doubt he would do that, but why would he even think of it you ask? Just to add more pressure, the San Jose Sharks inform bankruptcy court of potential contract termination. This is seen as just a technical move. They are advising the bankruptcy court that it is a possibility. I highly doubt there will be an Evander Kane contract termination in bankruptcy.

OK, now for the good stuff.

Evander Kane contract: Evander Kane files motion claiming lenders wishes violate 13th Amendment

Remember I said that part of the payment stream under the Evander Kane contract was to be paid regularly by the San Jose Sharks directly to Centennial Bank until his $8 million dollar loan was repaid.

Five lending institutions, led by Zions Bancorp, filed a motion to be heard before a bankruptcy judge, to convert Evander Kane‘s voluntary Chapter 7, which would force him to pay creditors using only his current assets, to an involuntary Chapter 11 proceeding. Such a conversion would position the continuing years under the Evander Kane contract under the control of his creditors and allow them to garnish his earnings.

Evander Kane said that a conversion to an involuntary Chapter 11 is to make sure that the Chapter 11 Trustee control Kane’s future income for whatever duration of years left under the Evander Kane contract that the Chapter 11 Trustee, as well as the creditors, deem suitable for a suitable Chapter 11 debt settlement plan.

Evander Kane’s motion states that if allowed, such a move would place him in indentured servitude to his creditors which is illegal under the 13th Amendment of the US Constitution.

Indentured Servitude vs. Slavery

Indentured servitude initially started in America in the years after the settlement of Jamestown by the Virginia Company in 1607.

The concept of indentured servitude was born of a need for low-cost labour. The earliest inhabitants soon understood that they had a great deal of land to look after, yet no one to take care of it. With passage to the Colonies costly for anyone but the rich, the Virginia Company established the system of indentured servitude to bring in workers. Indentured servants came to be crucial to the early American economic situation.

Servants typically worked 4 to 7 years for travel, board and accommodations. While the life of an indentured servant was severe and limiting, just like slavery, it wasn’t slavery because they agreed to this arrangement through a contract. Their life was awful and harsh.

Numerous landowners began feeling endangered by newly freed indentured servants‘ need for land. The colonial elite recognized the issues of indentured bondage. Landowners turned to rely on African slavery as an extra lucrative and also an ever-renewable source of labour. That is why the shift from indentured servants to African slavery, especially slaves from West Africa, had actually started.

By 1675 slavery was well established, and by 1700 slaves had actually nearly completely taken over from indentured servants. With plentiful land and slave labour with no need for contracts in place to grow crops, southern plantations flourished. Family-based tobacco farming became an economic engine and a social standard.

The 13th Amendment of the US Constitution: The abolition of slavery

The 13th Amendment of the US Constitution was approved by Congress on January 31, 1865, and was ratified on December 6, 1865. It reads as follows:

“Section 1

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2

Congress shall have power to enforce this article by appropriate legislation.”

Evander Kane contract: His motion may be outlandish, but it is not without precedent

Believe it or not, I found two recent instances of an insolvent debtor claiming that a creditor’s proposed Chapter 11 debt settlement plan would violate the Thirteenth Amendment. One of them was famous, the other not so much.

50 Cent says bankruptcy plan would be like indentured servitude

Curtis James Jackson III, the rapper known as 50 Cent had made a voluntary bankruptcy filing.

He declared bankruptcy days after he was convicted of releasing a sex tape online in June 2015, and the court ordered him to pay $5 million to the victim. The previous year, Jackson had been ordered to pay $17 million to headphone maker Sleek Audio for copying their styles.

His creditors brought forward a plan that would force 50 Cent to hand over the money he earns to a Chapter 11 Trustee, without any accommodation for living expenses. His lawyers made the uncommon claim that the plan violates the Thirteenth Amendment’s prohibition on involuntary servitude. They argued that if it was allowed, it would be a form of modern day slavery.

That argument never got tested in Court. 50 Cent and his lawyers negotiated with the creditors to come to an agreement on what payments would be made from the bankruptcy to the creditors.

Can an Involuntary Chapter 11 Ever Constitute Involuntary Servitude?

The next case I found is very recent and on point. It is Breland v. United States (In re Breland), United States Court of Appeals for the Eleventh Circuit, March 10, 2021, Decided, No. 19-14321. This case involves an uncommon claim. The debtor is a real estate developer that declared Chapter 11 in the Southern District of Alabama. The bankruptcy court designated a trustee based on proof that the debtor was defrauding creditors. The insolvent debtor declared that his Thirteenth Amendment rights had actually been violated because his income would go to the Chapter 11 Bankruptcy Trustee putting his cash beyond his control. He claimed this was debt slavery.

The bankruptcy court disregarded the claim on the basis that it was not yet ripe since no reorg plan had actually been recommended to need the debtor to work for the bankruptcy estate or his creditors. On appeal, the appellate court upheld the lower court decision on the ground that the debtor lacked standing since he hadn’t revealed an injury-in-fact. The Eleventh Circuit’s ruling dealt with only the standing issue. Yet the court also remanded the case to the lower court to consider the Thirteenth Amendment infraction claim.

For a plaintiff to have standing, the appellate court said the plaintiff must show (i) a real or imminent concrete injury-in-fact, (ii) that is traceable to the defendant’s actions, and (iii) that it can be restored with a favourable decision.

In Breland, the appointment of the Chapter 11 Trustee removed the debtor to do the normal things a debtor can do in a voluntary bankruptcy estate. The Eleventh Circuit ruled that the appointment of the Chapter 11 Trustee gave rise to an injury-in-fact. The injury could be remedied by eliminating the Trustee thereby enabling the debtor to resume his function as debtor-in-possession. As a result, the Eleventh Circuit ruled that the debtor had the standing to pursue his claim.

Time will tell how the lower court will deal with the claim and what kind of bankruptcy ruling may be made on whether there is a violation of the Thirteenth Amendment.

Evander Kane contract: Can an Involuntary Chapter 11 Ever Constitute Involuntary Servitude?

So from the above, you can see that the Evander Kane contract claim in his voluntary bankruptcy is not a new one. However, 50 Cent never pushed it far enough to get a court ruling. He negotiated with his creditors and came up with a mutually agreeable bankruptcy plan.

In Breland, the only issue decided so far is whether or not the bankrupt has standing to bring such a claim. The court has not yet heard evidence on the main issue. I am not aware of any court decision on this topic but then again, I am not an expert in US bankruptcy law.

I highly doubt that Evander Kane wants to either void the Evander Kane contract or go all the way to have a court ruling on the involuntary servitude issue. He clearly wants to make sure though that the Evander Kane contract does not become a servitude contract. Perhaps like 50 Cent, bolstered by the Breland decision that the issue is a live one, Evander Kane will negotiate a settlement with his creditors that he can live with rather than force a bankruptcy determination from the court. If he does that, the Evander Kane contract with Sharks will survive and he will share a portion of his future earnings with his creditors.

Evander Kane contract summary

I hope you enjoyed this Evander Kane contract Brandon Blog post. If you are concerned because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option, call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

We understand that people and businesses facing financial issues need a realistic lifeline. There is no “one solution fits all” method with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. The majority of our clients never do. We help many people and companies stay clear of bankruptcy.

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

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Brandon Blog Post

RRSP BENEFICIARY: OUR REMARKABLE PLAN ON HOW THE INCOME TAX BILL ON DEATH FROM AN RRSP CAN BE REDUCED

Post author By Brandon Smith
Post date March 22, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. and Smith Estate Trustee Ontario are absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

If you would prefer to listen to the audio version of this Brandon Blog, please scroll to the very bottom and click play on the podcast.

RRSP beneficiary: Death of an RRSP annuitant

As I have written before, in addition to insolvency work, we also act as an independent Estate Trustee through our business Smith Estate Trustee Ontario. In our work as Estate Trustee of a deceased estate, we have come across an interesting topic when it comes to the will of the deceased and the inheritance of an RRSP beneficiary.

Understanding the tax implications of a beneficiary entitled to an RRSP inheritance can save or cost you thousands of dollars depending on how the RRSP is administered. The Canada Revenue Agency (CRA) has specific rules regarding what happens to an RRSP when its owner dies. Did you know that there are a number of tax implications that come with inheriting RRSPs? This is especially true when you are inheriting from distant relatives like grandparents, aunts, uncles, or cousins. As an assignee of a Registered Retirement Savings Plan (RRSP), you are entitled to all of the funds in the plan, but it is possible that the account balance could be taxable.

In this Brandon Blog, I discuss the income tax ramifications on an RRSP beneficiary. By definition, since it is an RRSP available to be inherited, rather than a Registered Retirement Income Fund (RRIF) or an annuity, I am talking about:

someone who died before turning 72 years old; and
never had the opportunity to enjoy retirement.

I remind you that I am not an income tax practitioner, but rather, I am a licensed insolvency trustee. So this Brandon Blog is not meant as income tax advice and should not replace the advice of your qualified income tax advisor.

RRSP beneficiary designation: Designating your estate or other beneficiaries

Setting up an RRSP is a great way to save for retirement. You contributed to your plan each year and got a tax break from the government. This is a fantastic deal, so many people take advantage of it. If you only name the heir or heiress in your will, that should be sufficient. However, a will can be challenged. If you don’t name one at all for your plan, or if you are not a special type of grantee, there can be some serious tax implications.

The inheritor you name for your RRSP during your lifetime is the person who will receive the asset after your death. You can appoint a recipient directly in your RRSP plan document much in the way that you name one for your life insurance policy. I recommend that you do this. Do not just name your estate and then maybe name the real RRSP beneficiary in your will.

The CRA has adopted a special policy regarding the tax treatment of RRSPs. This policy is referred to as the deemed disposition rule. The deemed disposition rule applies to RRSPs. When the holder of an unmatured RRSP passes away, CRA deems that the RRSP was disposed of and the funds received, right before their death.

The calculation of the funds received is an amount equal to the reasonable market price of all the property kept in the RRSP at the time of death. This amount and any other balances the deceased got from the RRSP in the year of death need to be reported on the deceased’s year of death income tax return.

RRSP beneficiary tax implications: How can the income tax bill on death be reduced?

Understanding the tax implications of an RRSP beneficiary entitled to an RRSP inheritance can save or cost you thousands of dollars depending on how the RRSP is administered. The CRA has specific rules regarding what happens to an RRSP when its owner dies.

When a person passes away and leaves an RRSP, their estate has to pay the income tax liability on the RRSP when it’s paid to the RRSP beneficiary. However, you should first ask who is a qualified beneficiary? Eligible individuals who can qualify for such beneficiary designations are a spouse, a common-law partner, or a financially dependent (infirm) child or grandchild, they can utilize the “qualified beneficiary” RRSP exemption to reduce or remove the tax obligation. If there is no qualified beneficiary, the Estate Trustee will have to pay income tax calculated based on the entire amount of the RRSP.

So the challenges for beneficiaries, in general, are twofold: 1. Are you a qualified beneficiary? 2. Can a qualified beneficiary reduce their income tax bill?

If you inherit an RRSP, is that someone will face a tax bill from CRA on the deemed disposition on death. The RRSP value will be taxed as income. Now, there are some situations in which you can reduce or eliminate the taxes. If the RRSP beneficiary is a qualified beneficiary, then the value of the RRSP can be taxed in the hands of the RRSP beneficiary, not the deceased’s estate.

***RRSP beneficiary tax*: Reduce the tax by rolling over**

This first step of the rollover procedure is described as a “refund of premiums”. The second step is the tax-deferral portion. Where a qualified beneficiary adds the number of assets from the deceased’s RRSP in the year received (or within the first 60 days of the next year), the qualified beneficiary can declare a tax deduction under section 60(l) of the Income Tax Act (Canada) to eliminate the RRSP amount added to their income. This manoeuvre does not require the RRSP beneficiary to have sufficient RRSP contribution room. The result? This heir or heiress becomes a successor annuitant and gets a tax-deferred rollover.

To eliminate the tax on receipt of the RRSP funds, the RRSP assets are directly moved to the qualified beneficiary‘s RRSP. At tax time, the qualified beneficiary gets a T4RSP tax slip. The qualified RRSP beneficiary then includes the date-of-death RRSP amount in their taxable income but offsets it with a section 60(l) tax reduction.

The above rollover is typically seen when a qualified beneficiary is marked as the RRSP recipient. When this happens, the RRSP proceeds generally bypass the deceased’s estate, lowering probate fees (where applicable) and side-stepping the estate creditors as well as the need for complicated estate settlements.

CRA RRSP beneficiary rules: Who pays tax on inherited RRSP if the beneficiary is not a spouse, common-law partner or financially dependent children or grandchild – but is the Estate?

One of the most common errors made when determining the recipient for the RRSP is to assign the estate itself. This requires the RRSP asset to go through probate. The estate receives the tax-deferred growth that has actually been earned by the RRSP up to the date of death. However, it would additionally mean that the estate would be responsible for shouldering the tax burden on the distribution of the RRSP. This is not necessarily wrong, but from an estate planning perspective, it is the most expensive route to choose. Estate planners certainly would not choose this way unless for some reason there was no other choice.

The RRSP beneficiary problem we are dealing with or how to destroy an inheritance

The issue we are dealing with on a particular deceased estate file blends insolvency work with the work of an Estate Trustee. The deceased did not file income tax returns for the last few years of her life. We now have a pretty good handle on her income taxes and what her liability is for the years of unfiled tax returns, as well as the tax liability that will arise from the Estate trust tax return.

Based on what I have already told you about the taxation possibilities for an RRSP beneficiary, and what I am about to tell you, there is a huge problem for an RRSP beneficiary.

For confidentiality reasons, I cannot provide names and amounts, but I will explain the problem. The deceased maintained a self-directed RRSP contract through Royal Bank of Canada at Royal Bank Dominion Securities. The named beneficiary in the Registered Retirement Savings Plan document was a relative. This relative does not meet the definition of a qualified beneficiary.

So in the normal course, the Estate Trustee would work with the RRSP beneficiary to understand if there was going to be no taxable income inclusion because an RRSP rollover was taking place. If not, the estate should pay the tax, but the beneficiary obtains 100% of the value of the RRSP.

Another option is that the Estate Trustee would get the tax payable on the registered retirement income from the RRSP beneficiary and pay the income tax. The beneficiary would be left with the net amount and the tax would be paid. So everyone is square.

Which option is picked depends on if there are more assets and more beneficiaries or not.

In the situation I am acting in, the Estate is insolvent. There will not be enough money in the Estate to pay all the income tax owing, regardless of the source of the taxable income. The RRSP beneficiary also as I understand it, did not elect an RRSP rollover.

So now, in this case, where the Estate has insufficient funds to pay the taxes payable in full and the RRSP beneficiary:

is not a qualified beneficiary; and
did not do an RRSP rollover

the RRSP beneficiary will be liable for the income tax payable from the RRSP plan assets received. The real problem is that the year death, and therefore the year the RRSP beneficiary received their inheritance was 2018. We were appointed late in 2019 and we just now have been able to quantify the income tax payable.

So it will be 2021 or later that CRA may go to the RRSP beneficiary with their hand out. I don’t know if the RRSP beneficiary invested it all, spent it all, or a combination of the two. This my readers is how to destroy an inheritance.

RRSP beneficiary summary

I hope you enjoyed the RRSP beneficiary Brandon Blog post. If you are concerned because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option, call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Tags beneficiary designations, Canada Revenue Agency (CRA), CRA, deemed disposition, designated beneficiary, designating your estate or other beneficiaries, elegible individuals, how can the income tax bill on death be reduced, how to destroy an inheritance, probate, registered retirement savings plan, registered retirement savings plan document, RRSP, rrsp beneficiary, rrsp plan document, smith estate trustee ontario, tax deferral, who pays tax on an inherited rrsp

Brandon Blog Post

IS CERB TAXABLE? EXCLUSIVE REPORT AS TO WHAT HAPPENS WHEN YOU DON’T HAVE THE MONEY TO PAY OFF YOUR TAX RETURN

Post author By Brandon Smith
Post date March 17, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Is CERB taxable? CERB is a taxable payment

Last weekend we set our clocks ahead 1-hour. This time of year always gets me thinking of doing my income tax return. So with taxes on my mind, I believed it would certainly be appropriate to discuss CERB, which is the short-hand for the Canada Emergency Response Benefit.

So, is CERB taxable? That is what I want to discuss with you today.

Since March 2020, I have written several blogs about different issues facing Canadians with Canada’s COVID-19 Economic Response Plan, including the Canada Emergency Response Benefit (CERB). My 3 previous blogs on CERB were:

Now I look at is CERB taxable?

Is CERB taxable? What is the CERB?

Simply to freshen your memory, I think a summary of the CERB eligibility requirements will nicely establish the stage.

To be eligible for the $2,000 CERB payment by applying through the Canada Revenue Agency (CRA), you needed to have met specific CERB requirements for each of the CERB time periods you were making an application for. The Government of Canada specified the eligibility requirements to be:

You didn’t obtain CERB or Employment Insurance (EI) from Service Canada for the CERB dates now being requested.
You did not voluntarily give up your work.
You live in Canada and are not younger than 15 years of age.

You earned at least $5,000 (before taxes) in the preceding 12 months, or in 2019, from 1 or even more of:

job income;
self-employment income;
provincial benefits for maternity or parental leave;
your job hours have been lowered as a result of COVID-19;
you have actually quit or will give up work as a result of COVID-19;
you are not able to work as a result of COVID-19, for example, because you are looking after an individual;
you have been paid EI benefits for at least one week of qualifying after December 29, 2019, and your entitlement to such benefits have ended;
this is your first application because:
- you have quit or will stop working, or you are working decreased hours, as a result of the coronavirus;
- you don’t expect to earn over $1,000 in gross work or self-employment earnings for at least 14 days right during the 4-week duration.
  If you are getting a subsequent period: You are still not utilized or self-employed, or you are doing decreased hrs due to COVID-19. You do not prepare for transforming $1,000 in gross income; and
- you expect this to continue throughout the whole 4-week period you are applying for.
  is CERB taxable

The CERB emergency benefit: Our federal government started to attack the self-employed

The Canadian CERB program is completed. The CRA approved and paid retroactive applications until December 2, 2020. Currently, they are doing audits to see if individuals who received CERB did not really qualify.

As you may recall, this revealed a one-of-a-kind issue to the self-employed individual. CRA was inconsistent in their descriptions and definitions of the threshold to get CERB. The concern that was uncovered for self-employed people was in the computation of income. The qualification guidelines and eligibility standards concerning self-employed earnings had been misunderstood by both the public and CRA employees alike!

Self-employed Canadians have said that when they reviewed the federal government’s CERB site, they understood that their business had to have earned (before taxes) a minimum of $5,000. CRA stated that the $5,000 was net income, your business earnings after deducting all your expenses. Numerous people understood it to be gross earnings as meeting the income test requirement for obtaining CERB. The federal government originally stated that those that misunderstood this regulation would need to pay all the CERB back. Luckily for them, the government has withdrawn from that position and will just rely upon the income tax system to determine what those people will have to pay in income tax.

Now for is CERB taxable?

Is CERB taxable? Report T4E amounts on your tax return

Along with any other income you might have earned in 2020, if you got the CERB or other emergency benefits from Service Canada or any kind of EI payments, you will certainly be sent out a T4E tax slip showing the amount paid. So is CERB taxable? Sadly, yes.

These benefits are taxable. Any of this kind of payment you received prior to December 31, 2020, will certainly need to be reported on your 2020 tax return. You will receive a T4E slip at tax time or you may also get your T4E info from your My Service Canada Account.

Maximize your tax planning for CERB before our debt-ridden government comes looking for more

When I think of tax planning, I think of ways to avoid (but not evade) income tax. In the case of CERB and other such benefits, the planning is really making sure you actually have the money to pay your 2020 income tax liability. The reason for this was that, unlike employment income, no income tax was deducted at source for the CERB payments. The federal government wanted to get the money out as quickly as possible without extra bookkeeping.

How much tax will I have to pay on CERB is a question people ask. Given the duration that the benefits lasted for, the maximum CERB that Canadians might have obtained is $12,000 of revenue. Nevertheless, the amount of income tax obligation that you will owe cannot be calculated on this number alone. It will be calculated based on the full amount you made throughout the year.

Because the sum total of CERB paid to you is taxable income, it will be reported on line 11900 of the 2020 income tax return. That amount, in addition to any other sources of income, works through your income tax return to end up with your total taxable income and your total deductions. After that, you determine your income tax obligation, what taxes at source were subtracted or tax paid by you in instalments. The net amount is either tax payable or a tax refund. So the income tax payable on the CERB payments you obtained relies on what your marginal tax rate is.

Contributing to an RRSP may have been the only other way to reduce your total taxable income and therefore your total income tax. However, in a year where you had to rely on CERB, you may not have had surplus funds to contribute to an RRSP in 2020 or the first 60 days of 2021.

Is CERB taxable? When do I have to pay CERB taxes?

Unlike our 2019 income tax returns, there are no extensions being offered this year. The filing deadline for your 2020 income tax return is April 30, 2021, for most people. A self-employed person has until June 15, 2021, to file their income tax return. However, anyone who has a tax balance owing to CRA must pay it by April 30.

What if I didn’t set aside taxes for CERB? What happens when you can’t pay the tax on your CERB tax debt?

If you really did not reserve the right amount, or anything, to pay your taxes for CERB, and you find that you owe a substantial amount (possibly not hideous if CERB was your only earnings in 2020) then you’ll still have to figure out how to pay your taxes.

This situation resembles the majority of self-employed people whose taxes are not subtracted at source and need to be really attentive at reserving cash from their income to pay their income tax obligations. If they don’t have the funds readily available, they need to clamber to find the money for the CRA.

After your tax return is prepared, if you recognize you don’t have the cash to pay the tax owing, talk with your tax advisor. Perhaps they can establish a realistic timetable to offer CRA to pay your tax bill over some months using a current dated cheque and a few post-dated cheques to cover off the balance. This will give you the breathing room and financial help that you need.

However, the COVID-19 pandemic has left many Canadians in dire straits. They have barely enough money to pay for food and rent or mortgage payments, let alone income tax. If you find yourself in a situation where post-dated cheques are not even a possibility, contact a licensed insolvency trustee. We will provide you with a free consultation where we will go over your financial situation with you and make recommendations.

If you are working again and have a steady income, perhaps a consumer proposal is right for you. If you are not back at work or do not have full hours as you did before the pandemic, perhaps bankruptcy is your answer. Either way, contact a licensed insolvency trustee and find out what all your viable options are to settle your debts and eliminate that stress from your life.

Is CERB taxable summary

I hope you have enjoyed this is CERB taxable Brandon’s Blog. Do you or your company have too much debt? Are you or your company in need of financial restructuring? The financial restructuring process is complex. The Ira Smith Team understands how to do a complex restructuring. However, more importantly, we understand the needs of the entrepreneur or the person who has too much personal debt.

You are worried because you are facing significant financial challenges. It is not your fault that you are in this situation. You have been only shown the old ways that do not work anymore. The Ira Smith Team uses new modern ways to get you out of your debt troubles while avoiding bankruptcy. We can get you debt relief freedom.

The stress placed upon you is huge. We understand your pain points. We look at your entire situation and devise a strategy that is as unique as you and your problems; financial and emotional. The way we take the load off of your shoulders and devise a debt settlement plan, we know that we can help you.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team That is why we can develop a restructuring process as unique as the financial problems and pain you are facing. If any of this sounds familiar to you and you are serious about finding a solution, contact the Ira Smith Trustee & Receiver Inc. team today.

Call us now for a free consultation.

We will get you or your company back on the road to healthy stress-free operations and recover from the pain points in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Tags Canada Emergency Response Benefit, Canada Revenue Agency (CRA), cerb, CERB eligibility requirements, CERB emergency benefit, CERB is a taxable payment, COVID-19 Economic Response Plan, emergency benefits, how much tax will I have to pay on CERB, Ira Smith Trustee, is cerb taxable, Report T4E amounts on your tax return, self-employment income, Service Canada, T4e, tax planning for CERB, taxes at source, what is the CERB

Brandon Blog Post

STATUTE OF LIMITATIONS: IS STATUTE BARRED DEBT A BASIC PROPER BANKRUPTCY CLAIM IN ONTARIO?

Post author By Brandon Smith
Post date March 15, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

If you would prefer to listen to the audio version of this Brandon Blog, please scroll to the very bottom and click play on the podcast.

***Know Your Limitations: The Basic Limitation Period in Ontario***

The basic limitation period in Ontario is 2 years from the date knowledge of the claim arises. The phrase “statute of limitations” is used to describe this time period. This is the time period between when you discover you have a claim and when you are legally permitted to bring that claim forward in a court of law. If you do not file your lawsuit within the 2-year limitation period, your right to sue will be extinguished and your claim will be forever lost. This is known as your claim being statute barred.

Statute of limitations: ***Limitations Act, 2002*, S.O. 2002, c. 24, Sched. B**

Each province has its very own rules, but the policies are comparable throughout the nation. In Ontario, the period is set by the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B (Act). The Act sets out a time limit as to when legal proceedings might be commenced by suing. It defines the time in which an aggrieved person can start a claim developing from any type of injury, loss, or damage that happened as a result of an act or an omission.

The Act sets out the two-year limitation period as follows:

“Basic limitation period

4 Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered. 2002, c. 24, Sched. B, s. 4″

This is where the 2-year statute barred period of time is set in Ontario limitations law.

Can Your Debt Be Eliminated by the Statute of Limitations in Ontario?

Most people don’t realize that their debts can expire, just like the milk at the back of your fridge. In fact, while you can’t get rid of your debt by throwing it in the garbage, it can be eliminated by the basic statute of limitations under the Act. Debt is not considered timeless in Ontario.

There are two other main concepts under the Act also, which are not part of the discussion in this statute of limitations Brandon Blog. The two other main concepts are:

Ultimate limitation period (Section 15 of the Act).
The different proceedings in respect of for which limitation periods do not apply and therefore there are no time periods or time limits to worry about (Section 16 of the Act).

To keep it simple, when it comes to unsecured debt, the proceeding in respect of trying to recover on a debt by initiating legal action, and the focus of this blog, the applicable limitation period is the 2 year time statute of limitations period.

Statute of Limitations: How long can a debt collector pursue an old debt in Ontario

Last week I wrote a blog on various experts predicting that as the economy reopens, there will be increased activity by collection agencies and debt collectors. In that blog, I discuss the role of the debt collection agency and that they are all governed by provincial law. I also highlighted that they get their work either by trying to collect on the debts of their clients or they purchase accounts in default for less than the total amount owed and then try to collect as principal. Outstanding credit card debt is fertile ground for debt collectors and the debt collection process.

What do you do when a debt collector is pursuing you for an old debt? If it’s one you know you can’t pay, your first step should be to contact the agency and inform them of your situation. It’s important, to be honest, and precise when you tell them why you can’t pay what you owe.

Debt can be a very scary thing. When you owe money, you can feel like your life is one big bill you need to pay. It’s easy to want to hide from your creditors, but the more you avoid them, the more likely they will be to take drastic measures to collect their money. If you find yourself in such a situation, the best thing you can do is to face the music and get the matter settled. If you are in Ontario and have questions about your debt, or how to get it resolved, you can contact a Licensed Insolvency Trustee.

Statute of limitations: What does Ontario limitations law say about making a claim on debts even if I can’t sue?

In Ontario, there used to be substantial support for the interpretation that the right to be paid is not extinguished by the Act, but only the remedy of starting legal action in respect of the debt was eliminated. Various other provinces in Canada have passed provisions in their legislation that expressly states that upon the expiration of a limitation period, civil liberties are extinguished.

However, Ontario has not. In Ontario, the old way of thinking was that a financial obligation is snuffed out if an action on the financial debt is not brought within two years of its being due. Instead, the financial obligation continues to be owed.

There was even Ontario judicial authority for this position in:

Re Bankruptcy of Kenneth Temple, 2012 ONSC 376 (CanLII) (the Temple case)
Duca v. 2203824 Ontario Inc., 2020 ONSC 3119 (CanLII) (the Duca case)

But that is now in doubt given the recent decision of Master J. E. Mills (as she then was) who is now Justice J.E. Mills (the Registrar in Bankruptcy). Her decision released on March 8, 2021, In re: John Trevor Eyton, 2021 ONSC 1719 (CanLII), may have changed that. I say may, because the Temple and Duca cases were decided by a judge in the Ontario Superior Court of Justice. The Registrar in Bankruptcy sits below the Justices. However, she distinguished the Eyton case before her from the above two judicial decisions.

As you will read below, that decision may very well lead to a great statute of limitations period in respect of defence against any debts that a debt collector is trying to recover on, either by themselves or through legal action, where the debt went into default 2 years or more before.

Statute of limitations: Time limits, collections and bankruptcy

So what is the Eyton bankruptcy decision all about? The issue was a creditor appealing the Trustee’s decision disallowing the creditor’s proof of claim pursuant to s. 135(4) of the Bankruptcy and Insolvency Act (Canada) (BIA) (Form 77—Notice of Disallowance of Claim). The basis of the disallowance was that the Trustee took the position that the claim was statute barred.

The claim was for an unsecured loan where the last payment made was more than 2 years before the date of bankruptcy. Although there may have been some security agreement entered into, it was not perfected under Ontario law at the time of the bankruptcy. Therefore, there was no valid and enforceable security agreement in place.

The Trustee decided that the creditor, being a reasonable person, would have known about the default on the unsecured loan when the next scheduled payment was missed. That was more than 2 years before the bankruptcy and they did not take any action, including legal action. The Trustee went on to say that if the claim in respect of this unsecured loan could no longer be made, then the debt no longer exists.

Limitations analysis by the Court

It was indisputable by the creditor that the financial obligation owed by the bankrupt person was statute-barred under the Act and was not enforceable by way of legal action. The creditor relied upon the Temple and Duca cases listed above. They said that it stood for the proposition that although there was finality in respect of the fact that the creditor could not sue in court, the liability in respect of this unsecured debt remained.

The Trustee countered with a long background of case law which has held that in order to be a provable claim in bankruptcy, the financial obligation must be recoverable by legal process. If the financial obligation is statute-barred at the date of bankruptcy, the proof of claim is not sustainable. This principle was adopted by the Privy Council in 1943, the Alberta Court of Appeal in 1988 and the Court of Appeal for Ontario in 1996.

The court considered both lines of cases and decided that the cases cited by the Trustee, especially the 1996 Ontario Court of Appeal decision, bound the Registrar in Bankruptcy. She decided that the Temple and Duca cases could be distinguished and did not bind her decision.

Therefore, the creditor’s appeal was dismissed and the Trustee’s decision that if you can’t sue the debt is no longer a valid one was the correct interpretation.

What the Eyton statute of limitations analysis by the Court means for bankruptcy proceedings

There are some crazy results flowing from this Eyton decision which I am sure will result in more court decisions down the road.

First, the Registrar in Bankruptcy’s decision was in line with the Ontario Court of Appeal, but not certain judges’ decisions as decided in the Temple and Duca cases. The Temple and Duca cases were decided in a court lower than the Court of Appeal for Ontario but higher than the court in which the Registrar in Bankruptcy sits. So until a judge adopts her reasoning that the Temple and Duca cases are distinguishable, the first crazy result is that you have the various levels of the Ontario court system misaligned on this issue.

As a result of this decision in Eyton, we now have a second anomaly. In Temple, one of the judge’s findings was that a debt that is statute barred because of the statute of limitations can be used as the basis for qualification to launch a Bankruptcy Application against a debtor.

The Registrar in Bankruptcy noted that the line of cases relied upon by the Trustee in Eyton was not put before Justice Newbould (as he then was) when he heard Temple. Justice Newbould found in Temple that there was no Canadian authority for the suggestion that a statute barred debt could not support an application for a Bankruptcy Order.

The Registrar in Bankruptcy said that declaration was appropriate in the Temple case. As a result of these decisions, the legislation as it presently stands in Ontario is that a debt that is statute barred due to the statute of limitations, can be used in support of a Bankruptcy Application but after that could not constitute a provable claim in that same bankruptcy. This of course makes no sense.

Statute of limitations for unsecured debts and bankruptcy – What next?

My understanding is that the Eyton decision is being appealed. The appeal must be heard by a judge. Whatever the outcome of the appeal is, it will hopefully do away with these anomalies that currently exist.

UPDATE: THE APPEAL DECISION HAS BEEN RELEASED. TO READ OUR DISCUSSION ABOUT THE APPEAL RESULT, CLICK HERE.

The things to further consider are:

Has the debtor given written confirmation of the existence and enforceability of the debt prior to the expiration of the limitation period and before the date of bankruptcy? If yes, then it is a valid debt and is a provable claim in bankruptcy.
The disclosure of a statute barred financial obligation in the sworn Statement of Affairs by the insolvent debtor does not make up a recognition of the debt or the waiver of any limitation period for Limitations Act purposes.
In respect of claims, the debtor is unsure of and the debtor has not given the written confirmation identified above, then the best treatment would be to include the creditor on the Statement of Affairs but as a contingent creditor. This will give that creditor notice of the bankruptcy and they can decide whether or not to file a proof of claim with backup. If filed, the Trustee will then review the claim and make a determination as to its validity and amount.
statute of limitations

Statute of limitations summary

I hope that you found this statute of limitations Brandon Blog interesting. If you are concerned because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option, call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

That is why we can establish a new restructuring procedure for paying down debt that will be built just for you. It will be as one-of-a-kind as the economic issues and discomfort you are encountering. If any one of these seems familiar to you and you are serious about getting the solution you need, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Brandon Blog Post

HOW TO BEAT 407 PLATE DENIAL RULES EACH AND EVERY MONTH FOREVER

Post author By Brandon Smith
Post date March 10, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

how to beat 407 plate denial

How to beat 407 plate denial: What happens if you don’t pay 407?

Last week I received an inquiry from a woman who owes 407 ETR some $25,000. She wanted to know how to beat 407 plate denial. Being a licensed insolvency trustee and having written on the topic before, I thought it was already well known that there is only one real sure-fire way to beat them from denying your plate sticker when you show up to pay your renewal plate fee. So I am writing this Brandon Blog as a refresher since it is still a question people ask.

If you’re not paying your 407 tolls, chances are you’re going to get a letter in the mail asking you to pay up. You’ve probably also heard that the 407 is a hotbed for toll dodgers, but how many of them actually get found out?

According to figures from the 407 ETR, the company’s collection agencies and police forces find that only about 2% of toll dodgers pay up voluntarily. However, 407 ETR has the ultimate collection weapon; Ontario can enforce plate denials against those who have an outstanding 407 toll bill. People are always interested in how to beat 407 plate denial.

How do I fight my 407 payment?

You really cannot fight with 407 on your payment. The tolls are calculated based on your usage of the toll road. They know where you entered and exited the highway. They also have a picture of your vehicle and plate. So, unless you can prove that the amount you were billed is false charges, you cannot fight it. You may be able to negotiate, sort of, but you can’t fight it.

Can you negotiate 407 bill?

The 407 bill is one of the most intimidating bills that people receive in Ontario. It is called the 407 bill because it is associated with the 407 highway and that’s also where the tolls are collected. The 407 bill is the toll amount that you need to pay based on your trip. If you drive on the 407, you will have to pay the 407 bill.

The 407 bill is issued by 407 ETR, a company that operates the 407 highway. If you have received a 407 bill, you should pay it right away. If you do not pay it, you will receive a collection notice from the company.

407 ETR offers an Exceptional Hardship plan to aid consumers that have accumulated substantial tolls and who would suffer “exceptional hardship” with the denial of their licence plate. The plan permits a consumer to pay the amount owing over an agreed time period, rather than all at once.

Approval is at the sole discernment of 407 ETR. Their decision is final and there is no avenue for appeal. As you can see, it isn’t much of a negotiation.

As you will see below, the only way to successfully negotiate the 407 bill is with the assistance of a licensed insolvency trustee.

How to beat 407 plate denial: Does 407 affect credit?

It’s common knowledge that unpaid traffic tickets can result in fines and penalties galore, but did you know unpaid 407 ETR tolls can also result in toll fines and penalties? And, like unpaid traffic tickets, they can also affect your credit score and therefore your credit rating. When you do not pay your bills on time, they will eventually send the unpaid bills to a collection agency. Once in the hands of the collection agency, it gets reported to the credit bureaus. That reporting negatively affects your credit score.

How to beat 407 plate denial: Can 407 ETR garnish wages?

If 407 ETR sued people in court and obtained a judgement, then yes they could garnish wages. But they don’t sue. Rather, they rely upon their powers of license plate suspension to block those seeking license plate renewal.

It is stopping anyone from being able to how to beat 407 plate denial that is the real collection tool. That is the reason why 407 ETR had to amend their procedures because of a Supreme Court of Canada decision.

If you can’t pay the 407 toll charges, only a licensed insolvency trustee can show you how to beat 407 plate denial

Denying license plates were found by the court to be a collection tool. In Canada, there is only one professional who can stymie the 407 collection tool. So if you can’t fight 407 bills and you really can’t negotiate with them, then how to beat 407 plate denial seems to be a long shot, no? That is where the Supreme Court of Canada in the “Moore Decision” comes into play.

Our firm, Ira Smith Trustee & Receiver Inc., has assisted individuals in negotiating their 407 bills. A debtor who becomes our client is very easy to work with since they do not deny that they have debt and they know that they must pay. Our firm takes the 407 on. We start communicating with them by listing 407 ETR as a creditor in your bankruptcy or consumer proposal.

How to beat 407 plate denial: Highway Toll Arrears and the “Moore Decision”

In my blog titled 407ETR FAIRNESS-ONTARIO COURT OF APPEAL ENSURES FRESH START I described to you the decision of the Court of Appeal for Ontario in 407 ETR Concession Company Limited v. Superintendent of Bankruptcy (In the Matter of the Bankruptcy of Matthew David Moore) (the Moore Decision).

The highway’s owners appealed that decision to the Supreme Court of Canada (SCC). On Friday, November 13, 2015, the SCC released 3 decisions all dealing with the very same fundamental problem: does the federal government’s Bankruptcy and Insolvency Act (BIA) take paramountcy over provincial laws professing to handle the concerns of debt and bankruptcy in Canada. The SCC answer was a resounding YES!

What did the SCC decide about the provincial law about 407 debt settlement?

The SCC dismissed the appeal of the 407. The SCC considered whether the plate denial stipulations of the Highway 407 Act conflicted with the discharge provisions of the BIA. 407’s position was that provincial regulation about plate denial needs to apply after a person’s discharge from bankruptcy. The Attorneys General for several provinces, including Ontario, advanced arguments on behalf of the right of the province to enforce all laws for vehicle licensing.

The SCC’s decision supported the Moore Decision which found that the discharge section of the BIA bypasses and overrides the plate rejection arrangements of the Highway 407 Act.

What is the effect of a bankruptcy or consumer proposal on ETR debt settlement?

The effect of the SCC’s decision is that pre-bankruptcy amounts owed to the ETR are provable claims under the BIA and the plate rejection scheme under the Highway 407 Act, 1998, S.O. 1998, c. 28 can no longer be used to collect pre-filing amounts. Therefore, 407 etr financial debt settlement is possible.

Upon the filing of bankruptcy or consumer proposal, in which 407 ETR is provided for in the sworn Statement of Affairs as a creditor, 407 ETR will remove from plate rejection any amount still owing from the period before your Assignment in Bankruptcy, or filing of consumer proposal (that includes interest and any other type of charges incurred on those amounts). The Ministry of Transportation will be told to amend its records to show this change.

You will be removed from plate denial if:

you have not incurred any type of brand-new financial obligation with 407 ETR for which you might remain barred from how to beat 407 plate denial since the filing of your bankruptcy or consumer proposal; and
you have no debts with the Ministry of Transportation (e.g. parking tickets) causing plate denial.

In both instances, once the balance owing is adjusted from your account, then, the individual is allowed to get plate renewal from the Province.

***How to beat 407 plate denial*: This seems to be the end of the discriminatory plate denial**

407 ETR must and is following the SCC decision. They have set up the procedure for those who have been rejected from plate renewal and who have filed either for bankruptcy or a consumer proposal. The 407 ETR debt, including penalty and interest, is reversed and plate revival issued.

Remarkably enough, there was no evidence whatsoever in any one of the Court hearings, including this one heard by the SCC, as to the 407 ETR’s right to reject anyone from providing credit to them. When you get your transponder, the 407 ETR is actually extending credit to you, in the form of using the toll highway with the promise to pay when your bill arrives. It is no different than you making purchases on your credit card and your bank expects you to pay them when it shows up on your bill.

How to beat 407 plate denial summary

I hope that you found this how to beat 407 plate denial Brandon Blog interesting. If you are concerned because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option, call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

The tension put upon you is big. We know your discomfort factors. We will check out your entire situation and design a new approach that is as unique as you and your problems; financial and emotional. We will take the weight off of your shoulders and blow away the dark cloud hanging over you. We will design a debt settlement strategy for you. We know that we can help you now.

That is why we can establish a new restructuring procedure for paying down debt that will be built just for you. It will be as one-of-a-kind as the economic issues and discomfort you are encountering. If any one of these seems familiar to you and you are serious about getting the solution you need, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Tags 407 etr, 407 ETR bill, 407 ETR Concession Company Limited v. Superintendent of Bankruptcy, 407 tolls, Bankruptcy, Can 407 ETR garnish wages, Can you negotiate 407 bill, Does 407 affect credit, Highway 407 Act, How do I fight my 407 payment, how to beat 407 plate denial, Ira Smith Trustee, license plate renewal, license plate suspension, licensed insolvency trustee, Matthew David Moore, proposal, What happens if you don't pay 407

False pretences and bankruptcy introduction

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The most recent false pretences released decision in Ontario – Bank of Montreal v. Mathivannan, 2021 ONSC 2538

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Know Your Limitations: The Basic Limitation Period in Ontario

Statute of limitations: Limitations Act, 2002, S.O. 2002, c. 24, Sched. B

Can Your Debt Be Eliminated by the Statute of Limitations in Ontario?

Statute of Limitations: How long can a debt collector pursue an old debt in Ontario

Statute of limitations: What does Ontario limitations law say about making a claim on debts even if I can’t sue?

Statute of limitations: Time limits, collections and bankruptcy

Limitations analysis by the Court

What the Eyton statute of limitations analysis by the Court means for bankruptcy proceedings

Statute of limitations for unsecured debts and bankruptcy – What next?

Statute of limitations summary

How to beat 407 plate denial: What happens if you don’t pay 407?

The most recent false pretences released decision in Ontario – *Bank of Montreal v. Mathivannan, 2021 ONSC 2538***

***False pretences*: A new creditor blueprint is needed**

***Financial wellness*: Nutrition**

***Financial wellness*: Exercising**

***RRSP beneficiary tax*: Reduce the tax by rolling over**

***Know Your Limitations: The Basic Limitation Period in Ontario***

Statute of limitations: ***Limitations Act, 2002*, S.O. 2002, c. 24, Sched. B**

***How to beat 407 plate denial*: This seems to be the end of the discriminatory plate denial**