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Brandon Blog Post

BRANDON BLOG POSTS 2020 REVIEW: TOP 10 KEYWORDS LEADING MANY TO PROVEN DEBT SETTLEMENT

The Ira Smith Trustee Team wishes you a happy, healthy and secure 2021 New Year.

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’s Blog posts introduction

What a year 2020 has been. I am sure that we are all glad that it is almost over. I always like to end the Brandon Blog posts calendar year by looking back to see which of my blog posts were the most read by people. As you will see, not all were necessarily written in 2020. This is also not a list of the best blog posts as I don’t rate mine that way. I let my beloved readers do that by looking at what they read. Also, I send an annual survey to my subscribers to make sure that what I write about covers off what they have told me they are interested in reading about.

In Brandon’s Blog, I talk a bit about my philosophy in how I write blog posts and then go on to describe the 2020 picks.

What are blog posts?

Blog posts permit me and my company to describe my views, ideas, and stories online concerning the world of Canadian insolvency and debt matters. They can, and I hope they do, aid you in your understanding of the subject matter I write about. I love providing value to my readers in this way.

I also hope that it drives traffic to my website, increases people’s recognition of the Ira Smith Trustee & Receiver Inc. brand, imparts the feeling of trustworthiness in our brand and ultimately phone calls and new work for my Firm. This is what is called content marketing.

You can find multiple blogs for any industry, business, hobby or topic.

What makes good blog posts?

Before putting “pen to paper“, I put myself in the shoes of the blog readers. I try to make certain I understand why someone would want to keep reading my blog posts and why would they return to read more. Since I write and post two blogs per week, I am conscious of the fact that I don’t want to have my Brandon Blog posts cause visitors to my blog posts and my loyal readers “blog fatigue”.

In addition to what I hope you find to be easy reading, I also incorporate the use of audio and video. Every Tuesday’s blog has an audio version at the bottom to listen to. Every Thursday blog has a video that you can watch also. In that way, if you don’t feel like reading that day, you can listen or watch and listen. I hope that readers find that helpful. At least nobody has complained yet!

I also believe that my blogs need to respond to the questions people are actually searching online for an answer to. You will see that when I describe the 2020 Brandon Blog posts in the review below.

I also believe that it is not very helpful to readers if all I do is give a technically correct answer to someone’s question. I really believe that I also have to offer realistic, easy to implement solutions to a problem someone is asking about while keeping the blog post interesting.

I believe that excellent blog posts are interesting to the reader, offer educational yet practical content for my audience and hopefully show off good writing skills.

blog posts
blog posts

How do I write my Brandon blog posts?

I try to stick to a formula in writing blog posts. It is not the case that each blog reads the same. Rather, it is the process I use to come up with the blog topic and then write is streamlined. I have to be efficient because my real job is being a licensed insolvency trustee helping individuals, entrepreneurs and their companies solve their debt problems is really my full-time job.

Writing two blog posts a week would be impossible if I didn’t have a system that allowed me to be the most efficient possible. So here are the steps I use to pick and write my Brandon Blog posts:

  1. I plan my blog post by picking looking for topic ideas. To do this, I look at what is happening in the news, the insolvency industry, I review recent court decisions and look at other resources. Maybe most important, I look at Google search analytics to see what kinds of insolvency questions are people looking online to get answered. Then I settle on my topic from the various blog post ideas that I have come up with.
  2. Once I select the topic from the various ideas, I then select the long-tail keyword and other keywords that seem to be popular around it. I then draft a summary of what details I think the blog content should have.
  3. Then I draft the content based on the summary and my independent research. I review it and make whatever changes are necessary.
  4. Then I create the blog post title that I hope will not only be informative but will also capture readers’ attention. I certainly do not want any vague headlines. Normally, writing introductions and blog post titles are the last things I do, once I am happy with the content.
  5. I then select images. The visual assets are very important too. I also make audio podcasts and videos to improve the content of my blog posts. I hope that in this way, I can show some wit and humour and give readers an alternative to hold their interest besides reading. We all have to read a lot of things, so if my audio or video lets you rest your eyeballs while still getting the information and details, that is a good thing.
  6. Regular readers will notice that my videos have become more sophisticated over the past few years. I have gone from just images and audio off-camera videos to on-camera videos complete with subtitles. As part of being efficient, I don’t have the time to be on camera. Thankfully Ira Smith is not camera shy and helps me out in this way.
  7. I then look at the finished blog post’s structure and formatting to make sure that things like post headlines and the post content are quality content. I also have to make sure that everything can be found by Google, Bing, YouTube and other search engines by making sure that the search engine optimization has been done properly. The meta description for the Brandon blog posts is also very important to be done correctly. It won’t be any good if nobody can find my blog content!

I stick to these steps every time. I want to end up creating an awesome blog for my visitors and subscribers. In the very beginning, blogging was tough work. Today, I do this by second nature, so, now, they are for me simple steps.

Some searches follow a theme. I have grouped similar search terms together. These are in addition to the ones you would normally expect like a consumer proposal, personal bankruptcy, corporate bankruptcy and restructuring and turnarounds. In the section below this one, I detail which Brandon Blog posts people find when they use these search terms.

So without further ado, from Google Analytics, here are the top 10 things people searched for that led new visitors to my Brandon blog posts:

  1. 40 park lane circle, 40 park lane circle toronto, 44 park lane circle, 40 park lane circle owner, 40 park lane circle owner, who owns 40 park lane circle – These two properties in Toronto’s Bridle Path area apparently still garner a great deal of interest.
  2. what happens to mortgage when you die canada, joint mortgage death of spouse canada – Many people are concerned about what happens to debt when you die in Canada – From the work that we do as an Estate Trustee, I fully understand why. As a licensed insolvency trustee, I have also administered many times the bankruptcy of an insolvent deceased Estate.
  3. how to negotiate with 407 – Many times in consumer insolvency files, people owe a large debt to 407 ETR. Please excuse the pun, but where the “rubber meets the road”, is when the person is refused renewal of the vehicle license permit because of this outstanding debt. That is normally the time when people want to find out about how they can negotiate with 407 ETR. More often than not, the only way to settle or purge this debt is through either a consumer proposal or a bankruptcy.
  4. form 31 proof of claim, how to complete form 31 proof of claim canada, proof of claim form example canada, how to fill out a proof of claim form canada – In order to participate in an insolvency proceeding and be entitled to be paid a dividend should it be declared, is by filing a proof of claim. The form can be confusing for 1st time proof of claim filers and especially for people not used to dealing in insolvency matters. Many times these people need help in completing a form 31 proof of claim.
  5. i need financial help immediately canada – Although people search this long-tail keyword every year, this year the volume of searches has risen dramatically. It is no wonder that since March 2020 the coronavirus pandemic has caused this keyword to be searched for more than usual in any prior year.
  6. 4 pillars class action – This keyword search term refers to a class-action lawsuit in British Columbia
     Pearce v. 4 Pillars Consulting Group Inc., 2019 BCSC 1851.
  7. is spouse responsible for credit card debt in canada – This is related to the debt and death keyword search term above regarding mortgages and death.
  8. commercial tenancies act – In Ontario, the Commercial Tenancies Act, R.S.O. 1990, c. L.7 sets out the provincial law for commercial tenancies. This is another keyword search term that has increased in 2020 due to COVID-19.
  9. if your parents die with debt who pays it canada – Suffice to say, more debt and death.
  10. goldie cranston – This one surprised me. Goldie Cranston is the sister of the late Canadian figure skating champion, Toller James Montague Cranston, who died intestate in 2015.

Here are the Brandon blog posts that the top 10 insolvency-related (but not including the obvious ones I listed above) Google searches and other search engines produced in 2020 led people to:

August 7, 2019 – Credit Card Debt After Death In Canada: Who Is Responsible?

October 23, 2019 – Legal Effects When Only One Spouse Files For Bankruptcy In 2019 And Beyond

March 4, 2020 – Do You Inherit Debt In Canada: CRA Says Yes To Property Transfers

August 12, 2020 – What Happens If You Die Without A Will In Ontario? Read Our Intense Analysis

Hopefully, the titles of these blog posts are self-explanatory. I invite you to read any that may pique your interest.

Blog posts summary

I hope you enjoyed this Brandon Blog posts review of 2020. I started with the most searched terms that led visitors to my blog posts but not including the obvious ones relating to insolvency assignments. Like with any blog post, if you feel it provides value, please feel free to share any of my Brandon Blog posts to your social network.

Hopefully, you find that I provide enough information that makes them actionable blog posts, i.e. I provide a solution that you feel comfortable that you can put into action right away for yourself. Or perhaps, it motivates you to call me and ask some follow up questions. Each one may not give you a step-by-step guide, but they should give you enough information to start taking positive action to improve your financial situation.

If you are worried because you or your company are facing significant financial challenges and you think bankruptcy is your only option, call me. 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 realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. Most of our clients never do. We help many people and companies avoid bankruptcy.

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.

The Ira Smith Trustee Team wishes you a happy, healthy and secure 2021 New Year.

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.

blog posts
blog posts
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Brandon Blog Post

MORTGAGE WITH BAD CREDIT: MY BEST TIPS ON HOW TO GET THE MORTGAGE YOU NEED

mortgage with bad credit
mortgage with bad credit

We hope that you and your family are safe and healthy.

The Ira Smith Trustee Team 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 mortgage with bad credit Brandon’s Blog, please scroll to the very bottom and click play on the podcast.

A mortgage with bad credit introduction

Looking back on the 2020 year, the coronavirus pandemic has caused so much health and financial devastation to Canadians. Canadians’ either losing their jobs or at least their income has been the main cause of personal financial problems this past year.

To their credit, the Federal Government quickly came to the aid of people and businesses by rolling out Canada’s COVID-19 Economic Response Plan. The many programs to lend financial support implemented by the Federal Government have been largely successful, notwithstanding not all the programs worked well. Luckily, the major ones did work well in getting much needed financial support to Canadians and Canadian businesses.

In fact, the government support has worked so well that insolvency statistics in Canada as of October 31, 2020, show that consumer and business insolvency proceedings are down in 2020 by almost 25% compared to 2019. So at a time when there is so much financial hurt in Canada, formal insolvency proceedings are way down. I attribute Canada’s COVID-19 Economic Response Plan as the main reason why.

But that does not mean that financial problems in Canada are over. I suspect that as certain government support programs have now ended, and the remaining ones are right now scheduled to end in 2021, it is the coming year where the insolvency statistics may take a turn for the worse with the number of insolvency proceedings increasing.

One of the support programs that have ended is the mortgage deferral program. The purpose of this Brandon’s Blog is to look at what are the options for people who need to either get or renew their mortgage with bad credit.

Mortgages and the coronavirus

As I previously wrote about, there were two phenomenons in 2020 with mortgages in Canada. First, there were roughly $170 billion in home mortgage deferrals among Canada’s 6 major banks. The bulk of them was set to expire by September 30.

The second was that there was a significant rise in Canadian consumer debt primarily from an increase in both mortgage loans and vehicle financings. The major banks reported that increases in mortgage debt came from both the refinancing of existing home mortgage debt as well as new home mortgage applications.

We also know from media reporting, that at least in the Greater Toronto Ontario Area, the residential real estate market remained hot. COVID-19 could not slow it down. We also know that Canadians have taken advantage of the extremely low home mortgage interest rates to increase their mortgage debt in order to pay down or off much higher-rate consumer debt.

For those with a good credit rating, getting new or refinanced mortgage loans has not been a problem. But what about those needing a mortgage with bad credit?

How your credit score impacts your mortgage rate

To comprehend just how poor credit scores impact home mortgage rates, it helps to look at it as a mortgage lending institution. Giving a loan to someone with a poor credit history is high-risk, as they are more likely to not make their monthly payments on time or they might default completely. To make up for the additional danger, lenders approve this kind of home mortgage with bad credit using higher interest rates than the posted rates.

In Canada, credit scores range from a low of 300 to a high of 900. You are rated by Canada’s 2 significant credit bureaus; Equifax and TransUnion. This number is used to tell lenders just how you have dealt with available credit in the past. The greater your credit score the far better, due to the fact that it assists you to get approved for the lowest possible interest rates.

A person with a minimum credit score of 630, should not have a problem getting a standard mortgage approval from one of the major bank mortgage lenders. Obviously, the higher your credit score above 630, the better.

If your credit score is below 630, a lot of the financial institutions in Canada will not authorize you for a mortgage loan. Rather, you may need to utilize a “B lender institution” or even a private lender to get that mortgage with bad credit. Lenders such as these have bad credit mortgages available for people with a poor credit history.

mortgage with bad credit
mortgage with bad credit

What kind of bad credit mortgages are available?

A person applying for a bad credit mortgage may have to save for a larger down payment (frequently 20% or more), or more equity in your house than a person with a good credit score if you are applying for a mortgage refinancing. If you are lucky enough to have a co-signer, that is also a good thing.

Sometimes, if the debt problems are small, the best or close to the best mortgage rate could still be readily available to you. You would be well advised to hire a knowledgeable mortgage broker. A mortgage broker’s fee is paid for by the lender, not the buyer or homeowner. They will certainly attempt to get you the best rate based on your current economic situation. Using an experienced broker is essential if you are looking for a mortgage with bad credit.

A mortgage professional has access to many different types of lenders. Most insurance companies have a portfolio of residential mortgages as part of their overall financial investments. Mortgage brokers also know of private lenders. Even if a lender at one of the major banks turns you down, a mortgage broker may very well be able to find you a lender who will say yes. The mortgage rate might be higher than those posted in the newspaper or shown online, but at least you will get the mortgage with bad credit loan that you need.

What are the advantages of bad credit mortgage loans?

Commonly bad credit borrowers with credit report problems, a bad credit score range and overall credit issues are rightfully reluctant to handle more debt. However, a mortgage with bad credit is very different than taking on more debt just for consumer overspending. When you need a mortgage, it is because you want to buy an asset that is worth more than the amount of money you will owe on it.

So, a mortgage with bad credit can be a powerful device to enhance credit score ratings. A few of the methods bad credit borrowers who can qualify for a home mortgage accomplish this are:

  • Consolidate multiple high rate consumer debts, such as credit card debt or unsecured line of credit debt, into a solitary lower interest mortgage loan. Eliminating high rate debt that is in default through debt consolidation with a lower rate mortgage AND making your monthly payments on time, will improve your credit score.
  • Amortize financial debt over a longer period to lower your monthly payments. This will certainly help your cash flow.

Even a mortgage with bad credit will certainly have lower rates than credit cards and unsecured lines of credit. This conserves money because the lower interest rate loan will have a lower monthly payment than the total of the monthly payments of the higher rate loans.

In short, a mortgage product for bad credit scores helps you improve your credit score over time, especially if you use the new or refinanced mortgage with bad credit loans to retire your credit card balances.

Here is another tip. Once you retire your old unsecured credit card balances, cancel them. Then, get a secured credit card. Just like the mortgage with bad credit product, every time you pay off your secured credit card on time, the card issuer reports that to the credit bureaus. This too will help repair your damaged credit and improve it over time.

What if I can’t get approved for a mortgage with bad credit loan at an A or B lender?

If you have worked to build your credit and are still incapable to obtain approval on a conventional mortgage, be sure to ask your broker what else you should do differently. More than likely, the broker will recommend canvassing their private mortgage lender contacts. Private lenders are willing to do mortgages for people.

Borrowing from a private lender for a mortgage with bad credit will carry additional fees and a very high-interest rate. Most private mortgages also carry a very heavy penalty for defaulting or even just late payments. However, if your budget tells you that you can afford the monthly mortgage payment, a private lender has much more flexibility.

A private lender is much more willing to look at your stable employment record and your proof of income, rather than just your credit report. Of course, an appraisal supporting the value of the home and the loan requested is crucial.

Keep in mind that a private lender may very well be more lenient if you had previously filed a consumer proposal or for bankruptcy. Whereas an A lender and many other lenders will be scared off by this, a private lender may very well not be. If you have successfully completed your consumer proposal or have received your bankruptcy discharge then you have shed the debt that weighed you down. So it is very possible that you have a relatively small debt load.

Alternatively, if you are refinancing for debt consolidation purposes, the private lender will want proof that the debts have been paid off with the portion required from their mortgage with bad credit advance. As long as the alternate lender is happy with your income and employment history along with the appraisal, the lender won’t be bothered by the debts that will no longer be outstanding.

So although the private mortgage route is expensive, at least the money you need is available. Let’s face it, if you had a good credit score, you would deal with one of the chartered banks, even for insured mortgages. You would not need someone who can provide you with a mortgage with bad credit product.

Mortgage with bad credit summary

I hope you have enjoyed this mortgage with bad credit 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 and you think the only thing you can do is file bankruptcy in Canada. 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 realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. We help many people and companies avoid bankruptcy.

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 and healthy.

The Ira Smith Trustee Team 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

THE I NEED FINANCIAL HELP IMMEDIATELY CANADA PLAN TO BECOME FINANCIALLY STRONG

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

We hope that you and your family are safe and healthy. For those that celebrate it, we wish you all a very Merry Christmas. To everyone, we wish you a healthy, happy and secure 2021.

I need financial help immediately Canada introduction

“I need financial help immediately Canada” is something we have heard daily as a result of the COVID-19 pandemic. Many have either lost their jobs entirely or have had their hours cut back dramatically. Canadians have been battling to make ends meet daily. It is therefore not a shock that individuals have been looking for financial assistance from the Federal Government throughout and other methods just to say afloat.

Sadly yet at the same time thankfully, the Government of Canada and the Provinces, including where I live, Ontario, acted quickly to provide some emergency financial relief. This Christmas holiday season will be very different for so many individuals in Canada and internationally.

The purpose of this I need financial help immediately Canada Brandon’s Blog is to look at where we have come from so far from the onset of COVID 19 so far in Canada and what financial assistance programs remain for individuals in Canada in the weeks and months ahead for 2021.

I need financial help immediately Canada: A review of 2020 emergency benefits for individuals

Canada Emergency Response Benefit (CERB)

The main program for individuals saying “I need financial help immediately Canada” was the CERB, which is now closed. CERB payments cannot be released after December 31, 2020. The application window for retroactive CERB applications closed on December 2. Applications need to be authorized by today in order for the funds to be paid out in time.

This coronavirus induced support program has helped millions of individuals with income support payments in 2020. The most recent published Federal Government statistics are only as of October 4, 2020. That information published by the Government of Canda indicates that:

  • 27.57 million applications were submitted
  • $81.64 billion was paid out to provide financial assistance

The final numbers are not in yet, but it is clear that over $100 billion will have been paid out in CERB monthly payments.

CERB and the self-employed

In previous blogs, I provided a summary of who was eligible for CERB payments. You will also recall the ongoing snafu that occurred to self-employed people in what the Canada Revenue Agency (CRA) claims that they misinterpreted the minimum income requirements. I explained that whole kerfuffle in my recent blog “CERB REQUIREMENTS: ASTONISHING MIXUP UNDERSTANDING CERB REQUIREMENTS LEADS TO A BAD OUTCOME“.

I notice that even right now, the Government of Canada website shows:

“The Benefit is available to workers:……

Who had employment and/or self-employment income of at least $5,000 in 2019 or in the 12 months prior to the date of their application;…”

So the Federal Government’s own website still shows a misleading description of which self-employed individuals were eligible for CERB. If the interpretation is really “net income” as CRA contends, shouldn’t their own website say that? Self-employment income is a misleading term. “Self-employment net income” is a standard accounting term and is what CRA says it meant.

It is unfortunate that the self-employed who are screaming to our Federal politicians “I need financial help immediately Canada” cannot rely on the plain English words on the government’s own website.

CERB was part of Canada’s coronavirus economic response plan. Additional financial assistance was given to individuals by the Government of Canada in the form of:

Employment insurance program

Temporary modifications to the employment insurance program (EI) to better support Canadians who require financial aid. Since September 27, 2020, the minimum payment is $500 weekly on a gross basis (before income tax).

Canada Recovery Sickness Benefit (CRSB)

The CRSB gives $500 each week for as much as 2 weeks, for employees that:

  • Are not able to work for a minimum of 50% of the week due to the fact that they have gotten ill with coronavirus.
  • Are self-isolated for reasons connected to the coronavirus.
  • Have underlying conditions, are going through treatments or have acquired other sicknesses that, in the viewpoint of a medical practitioner, nurse practitioner, individual in authority, government or public health authority, would make them more prone to contracting the coronavirus.

Canada Recovery Caregiving Benefit (CRCB)

The CRCB offers $500 weekly for up to 26 weeks per household for employees:

  • Incapable of working at least 50% of the week since they are parents with children who need to care for a youngster under the age of 12 or family member since schools, day-cares or care facilities are shut because of the coronavirus since the child or member of the family is sick and/or required to quarantine or goes to high danger of severe illness because of the coronavirus.

Mortgage payment deferral

Most mortgage deferral programs have now ended. House owners who said I need financial help immediately Canada, who needed a time out from making their mortgage payments, might have qualified for a mortgage payment deferral.

The deferral was an agreement between the borrower and the banks or other mortgage lenders. I described the program in more detail in my blog “MORTGAGE DEFERRAL CANADA IS ENDING: 3 KILLER WAYS TO DEAL WITH COVID-19 RELATED MONEY PROBLEMS“.

These were the programs to help the average Canadian feeling the pinch and saying “I need financial help immediately Canada” because of the Covid 19 pandemic.

i need financial help immediately canada
i need financial help immediately canada

I need financial help immediately Canada: A review of 2020 emergency benefits for businesses

Canadian small businesses have no doubt been hit the hardest in this Covid 19 mess. Provinces and regions within provinces have had differing approaches in severity, but they have all involved lockdowns. Due to the variety of goods sold in some big box stores, they have been allowed to stay open while specialty small retailers who spent money on making sure they abided by all Covid 19 protocols had to shut down. This has been especially hard on small retailers during the holiday retail shopping season.

There were several programs paying various amounts available as support for businesses. In no particular order, the main Government of Canada support programs for businesses are:

Canada Emergency Wage Subsidy (CEWS)

The Federal Government is paying up to 75% of employees’ salaries for qualifying eligible employers, with this CEWS subsidy rate now running until June 2021. The CEWS wage subsidy allows businesses to maintain and also re-hire staff members and hopefully stay clear of having to lay off employees.

Canada Emergency Business Account (CEBA) interest-free loans

The CEBA supplied an original amount of $40,000 in interest-free loans, to small businesses and not-for-profits. This program is to help support small businesses that have seen revenue drops because of the coronavirus yet face continuously fixed costs.

The government has just recently increased CEBA to consist of an additional interest-free $20,000 funding, raising the maximum amount to $60,000. If paid off by December 31, 2022, the amount of $20,000 is forgiven. If not, interest begins being charged on the full amount.

Businesses have until March 31, 2021, to apply for the $60,000 CEBA loan or the $20,000 increase. Applications are made to the banks or credit unions with which the business maintains one or more business accounts.

Canada Emergency Commercial Rent Assistance Program (CERC)

On Friday, April 24, Prime Minister Justin Trudeau revealed the launch of the CERC for small businesses that were strongly affected by the coronavirus pandemic and the resultant first lockdown. It was developed to reduce premises rent costs by 75 percent for affected local businesses.

The CERC was supposed to provide forgivable loans for commercial landlords that qualify under the strategy to cover half of the three normal monthly rent payments. It was designed to assist local businesses experiencing financial difficulties throughout April, May and June 2020.

The expense and monitoring of the CERC were shared by the provinces and the feds. So in Ontario, the Ontario provincial government and the Canadian Government were to share equally. Unfortunately, the program, like many of the others, had to be created very quickly. Although commercial tenants wanted this relief, the program was largely unsuccessful due to many uncooperative commercial landlords.

Canada Emergency Rent Subsidy (CERS)

As a result of this and businesses still clamouring “I need financial help immediately Canada“, the CERS program came into being replacing the CERC.

The CERS supplies a direct and easy-to-access rental cost and mortgage aid of approximately 65% of eligible expenditures to qualifying services, charities and non-profits. The aid prices hold up until December 19, 2020. This support is offered straight to lessees.

Lockdown Support

Businesses that have been substantially limited by a required public health order issued by a qualifying public health authority are truly screaming “I need financial help immediately Canada” and for good reason. They can obtain an added 25% of rental assistance via the Lockdown Support.

The consolidated impact of the rental cost subsidy and the Lockdown Support is that hard-hit companies, non-profits and charities subject to a lockdown can receive commercial rent assistance of a maximum of 90%.

The CERS and the Lockdown Support are both offered for businesses until June 2021.

Loan Guarantee for Small and Medium-Sized Enterprises

Through the Business Credit Availability Program, Export Development Canada (EDC) is dealing with banks and other financial institutions for this emergency loan program. The EDC will guarantee 80% of brand-new operating credit as well as term loans of as much as $6.25 million to both small and medium-sized businesses (SMEs).

This funding assistance is to be made use of for operational expenses as well as is available to both exporters and non-exporting firms.

This program is currently readily available at different banks and credit unions. This support is offered until June 2021.

Canada United Small Business Relief Fund

The Canada United Small Business Relief Fund gives grants of up to $5,000 to local businesses. These funds can be utilized for eligible expenses of particular initiatives: buying PPE, refurbishing physical rooms, or developing your website or e-commerce abilities.

These are the main programs for Canadian businesses saying to Ottawa “I need financial help immediately Canada” due to difficulties brought on by Covid 19.

I need financial help immediately Canada: 2021 emergency measures for individuals and businesses

Now that I have reviewed the 2020 programs, some of which are continuing, I want to highlight the help for financial hardship that is still available in 2021 for the many who are still saying to Ottawa “I need financial help immediately Canada“. I caution that the information is as of the date of Brandon’s Blog. Any changes, additions or cancellations of or to support programs due to the Covid 19 crisis are not reflected.

I need financial help immediately Canada – Individuals

Canadians who still say to our federal politicians “I need financial help immediately Canada” can still avail themselves of several programs. The first is the Canada Recovery Benefit Fund (CRB). The CRB essentially replaces the CERB.

The CRB gives $500 weekly for no more than 26 weeks as a Covid 19 response. It is for people that have quit working or had their income lowered by at least 50% because of the coronavirus, and that are not qualified for Employment Insurance Benefits.

The main remaining programs available to individuals saying in 2021 “I need financial help immediately Canada“, are:

  • EI
  • CRSB
  • CRCB

I need financial help immediately Canada – Small Businesses

The main remaining emergency federal support programs for small businesses still saying “I need financial help immediately Canada” are the CEWS, CEBA and the CERS. They are all explained above.

I need financial help immediately Canada summary

I hope that you have enjoyed this I need financial help immediately Canada Brandon’s Blog. The COVID-19 pandemic has brought health damage and financial concerns to many Canadians.

The Canadian government quickly invoked many new financial support programs for both Canadian companies and individuals to try to lessen the financial strain and bring peace of mind to many.

For all the various glitches, the Federal Government has done a very decent job in rolling out these economic support measures to try to keep the Canadian economy going.

At the same time, our front-line health care workers have been heroes. They fight daily to keep all of us safe. We owe them a great deal of gratitude.

If you are worried because you are facing significant financial challenges and you don’t fully understand the options available to you, including, filing a consumer proposal versus bankruptcy. 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.

Ira Smith Trustee & Receiver Inc. offers a full range of insolvency services to people facing a financial crisis. Whether you need help with a proposal to your creditors to avoid the worst case, financial counselling or advice about insolvency options, our goal is to make sure that you understand the process, your choices, and what steps will get your life back on track.

Call us for your free first consultation. We will inform you about all the choices readily available so you can make a proper decision about the very best plan to deal with your financial obligations.

Call Ira Smith Trustee & Receiver Inc. today. All you have to lose is your debt!

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.

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

We hope that you and your family are safe and healthy. For those that celebrate it, we wish you all a very Merry Christmas. To everyone, we wish you a healthy, happy and secure 2021.

i need financial help immediately canada
i need financial help immediately canada
Categories
Brandon Blog Post

CONSUMER PROPOSAL VERSUS BANKRUPTCY: MASTER THIS KNOWLEDGE AND BE SUCCESSFULLY DEBT FREE

We hope that you and your family are safe and healthy.

The Ira Smith Trustee Team 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 consumer proposal versus bankruptcy Brandon’s Blog, please scroll to the very bottom and click play on the podcast.

consumer proposal versus bankruptcy
consumer proposal versus bankruptcy

Consumer proposal versus bankruptcy introduction

The holidays are upon us and we can all ideally get a well-deserved break. This 2020 year truly threw us a curveball in March and it isn’t over yet. Many people have already identified that they need to understand their options in taking care of way too much debt. Hopefully, they will use the period of time during the holiday break downtime to seriously consider fixing their situation.

Maybe their New Year’s resolution will be to once and for all solve their financial situation. That is why I believe this is a good time to write this Brandon’s Blog to help those people who are wondering about the issues surrounding a consumer proposal versus bankruptcy.

Consumer proposal versus bankruptcy: Who qualifies for a consumer proposal?

A consumer proposal is an alternative to bankruptcy. Consumer proposals are for people whose total financial debts do not surpass $250,000, not including financial debts secured by their primary house.

Division 1 proposals are available to both:

  • companies; and
  • individuals whose debts exceed $250,000 (leaving out mortgages on their principal home).

I will focus on the differences between a consumer proposal versus bankruptcy.

Consumer proposal versus bankruptcy: What are consumer proposals?

Consumer proposals are formal ways governed by the Bankruptcy and Insolvency Act (Canada) (BIA) available only to people. Working with a licensed insolvency trustee (Trustee) acting as the consumer proposal administrator, you make a proposal to:

  • Pay your creditors a percentage of what you owe them over a specific period not exceeding 60 months
  • Extend the time you have to pay off the debt
  • Or a mix of both

Payments are made through the Trustee, and the trustee uses that money to pay each of your creditors. The consumer proposal must be completed within 5 years from the date of filing.

Below I will highlight more differences between a consumer proposal versus bankruptcy.

Consumer proposal versus bankruptcy: Is a consumer proposal worth it?

The advantages of a consumer proposal versus bankruptcy are:

  • You keep all of your assets
  • Legal actions that are being contemplated or actually begun against you by unsecured creditors and results of a judgment such as freezing your bank account and wage garnishments are stopped.
  • Unlike informal debt negotiation or debt settlement programs, the consumer proposal forum catches all of your debts and your unsecured creditors must take part in your restructuring process.
  • Of all the debt relief options available to a person, it is the only government-approved program that combines debt consolidation (without having to apply for one or more loans) and debt settlement.
  • You do not need to use the “B” word.

You will definitely pay less than you owe with a consumer proposal. It could be as much as 75% less. All of your unsecured debts will be consolidated right into a simple regular monthly payment. What you pay is based on what your creditors could expect to receive in your bankruptcy and what you can actually afford.

So is a consumer proposal worth it to make one monthly payment that you can afford to pay a portion of the total you owe instead of going bankrupt? I think it is.

What is the impact on my credit rating if I file a consumer proposal versus bankruptcy?

We are always asked, “How will a consumer proposal affect my credit rating?”. The follow-up question is “What is the impact on my credit rating if I file for personal bankruptcy or do a consumer proposal?”.

The person who files for bankruptcy will absolutely obtain R9 status. This is the lowest credit score possible. It will remain on their credit report for 6 years after the person gets their bankruptcy discharge. So for a first-time bankruptcy with no surplus income and the person gets their discharge after 9 months, it is on the credit report for about 7 years. If the person is a first time bankrupt with surplus income, then their bankruptcy discharge cannot be gotten for at least 21 months. This equates to having the R9 for 8 to 9 years.

An individual that files a consumer proposal sees their credit score go to an R7 ranking which is less extreme. It will remain to be on their credit report for around 8 years in total, starting with the filing date.

Through the two mandatory credit counselling sessions that are provided with either a consumer proposal or bankruptcy, we teach you ways you can start rebuilding your credit score right away.

What are the costs and fees of a consumer proposal versus bankruptcy?

When doing a consumer proposal as a debt solution, the Trustee costs are included in the settlement you bargain with your creditors. The calculation of what is reasonable for you to pay is done without any reference to the Trustee costs.

For example, if your consumer proposal has you paying a regular monthly payment of $400 for 60 months, the Trustee’s fee and disbursements are taken from those funds. The consumer proposal fee is a tariff defined in the BIA.

If there is no surplus income or assets that you hand over to the Trustee, the cost for this type of personal bankruptcy is about $2,000. This cost would need to be paid to the Trustee either upfront or over an 8 month period in equal monthly payments.

However, if you file for bankruptcy and you have surplus income and/or assets that you must turn over to the Trustee, the personal bankruptcy cost could be higher. The Trustee’s fee and costs must be taxed by the Court. However, it will be calculated using the hours spent by the level of staff at each staff member’s normal hourly rate. If there are insufficient assets to pay the Trustee’s fee, the difference has to be paid for by the bankrupt person or someone else guaranteeing the Trustee’s costs.

This is another distinction between bankruptcy vs consumer proposal.

consumer proposal versus bankruptcy
consumer proposal versus bankruptcy

What happens to my assets in a consumer proposal versus bankruptcy?

If you do a consumer proposal, you keep your assets. In bankruptcy, other than for exempt assets, your assets are seized by the Trustee. Exemptions depend on the province you live in.

In Ontario the assets you get to keep in bankruptcy consist of:

  • The equity in your home of no more than $10,000.
  • A motor vehicle with an equity value of no more than $6,000.
  • Clothing and medical and dental aids.
  • Household furnishings up to a value of $13,100.
  • Tools of the trade with a value of no more than $11,300.
  • Pensions, RRIF, RRSP (except for any RRSP contributions made within 12 months of the date of bankruptcy).
  • Farmers – no more than $29,100 for animals and tools and equipment.

This difference to your assets between a consumer proposal versus bankruptcy is massive.

What happens if I miss payments and default on my consumer proposal versus bankruptcy payments?

If you do not maintain your payments on a consumer proposal, it defaults and it is over. You then cannot file a new one. Collection action by your creditors will begin again.

If you do not complete all your duties in bankruptcy, you will definitely not be discharged. If your Trustee gets discharged and you remain undischarged, then all your creditors can return to taking collection action against you to try to recover on their loans or other debt payments you owe them.

This is one more consumer proposal versus bankruptcy difference.

When is a meeting of creditors held in a consumer proposal?

A meeting of creditors in a consumer proposal is held if one is requested by one or more creditors who are owed at least 25% of the overall value of the proven claims.

A request for a meeting has to be made by the creditors within 45 days of the declaration of the consumer proposal. The Office of the Superintendent of Bankruptcy (OSB) can also ask for the Trustee to call a meeting of creditors whenever within that specific very same 45-day time frame.

The meeting of creditors is held within 21 days after being called. At the creditors’ meeting, they elect to either approve or turn down the proposal.

If no meeting of creditors is requested within 45 days of the filing of the proposal, the proposal will be regarded to have actually been approved by the creditors no matter any kind of objections received later.

A consumer proposal is fully performed as soon as:

  • the person has made the required payments within the time period called for in the consumer proposal; and
  • the two mandatory counselling sessions with the Trustee have been done.

In a bankruptcy, the discharge relies on various facets, including whether it was the first time the debtor filed for bankruptcy and if they need to make surplus income payments to the Trustee. The calculation for surplus income is based mainly on your household monthly income.

If the debtor has actually never ever declared bankruptcy before as well as they do not have to make surplus payments, the bankrupt is entitled to be released 9 months after declaring bankruptcy. Nevertheless, if the bankrupt has surplus income, they will require to make payments for 21 months before they can be discharged.

This is one more distinction between a consumer proposal versus bankruptcy.

Consumer proposal versus bankruptcy: How to file for bankruptcy?

In order to file, you need to engage a Trustee. This is a person or company accredited by Industry Canada to administer the insolvency process in Canada.

The 11 steps below are a guide to the filing for bankruptcy process:

  • Contact a Trustee and attend a meeting with him or her to speak about your personal situation and your options. This will include all your options to avoid bankruptcy.
  • Deal with the Trustee to complete the necessary bankruptcy documents.
  • The Trustee will after that submit the bankruptcy paperwork to the OSB and get back a certificate evidencing your bankruptcy.
  • The Trustee notifies your creditors of the bankruptcy.
  • You attend a meeting of creditors if one is called.
  • You participate in 2 counselling sessions.
  • Based on your provincial exemptions, the Trustee sells your non-exempt assets; you may likewise need to make surplus income payments to the Trustee.
  • In certain conditions, you might have to participate in an evaluation by an officer at the OSB.
  • The Trustee prepares a report to the OSB describing your activities during the bankruptcy.
  • You go to the discharge hearing if required.
  • You get your discharge from your bankruptcy and afterwards, the Trustee completes the management of your bankruptcy file, including paying a dividend to your creditors, if available.

As you can see from the description of how a consumer proposal works and from these 11 steps, there is a difference in how a consumer proposal versus bankruptcy works.

Consumer proposal versus bankruptcy: Get back to a stress-free life

I hope you have enjoyed this consumer proposal versus bankruptcy Brandon’s Blog. Both a successfully completed consumer proposal or obtaining your discharge from bankruptcy lets you get back on the road to financial health, relieve the stress you face and bring you:

  • Freedom by getting out from under garnishments;
  • The ability to live better than just hanging on one payday to the next;
  • Improved credit ratings; and
  • Improved health and well-being.

You are worried because you are facing significant financial challenges and you don’t fully understand the options available to you, including, filing a consumer proposal versus bankruptcy. 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.

Ira Smith Trustee & Receiver Inc. offers a full range of insolvency services to people facing a financial crisis. Whether you need help with a proposal to your creditors to avoid the worst case, financial counselling or advice about insolvency options, our goal is to make sure that you understand the process, your choices, and what steps will get your life back on track.

Call us for your free first consultation. We will inform you about all the choices readily available so you can make a proper decision about the very best plan to deal with your financial obligations.

Call Ira Smith Trustee & Receiver Inc. today. All you have to lose is your debt!

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 and healthy.

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

Categories
Brandon Blog Post

FILE BANKRUPTCY IN CANADA ONLINE: OUR COMPLETE GUIDE ON HOW TO FILE BANKRUPTCY ONLINE

We hope that you and your family are safe and healthy.

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

File bankruptcy in Canada online introduction

People have been asking us recently, “Can I file bankruptcy in Canada online?”. The most honest answer is yes, just not all alone with your computer and internet connection. Doesn’t sound very definitive, does it? That is because you cannot file bankruptcy yourself.

The only one the federal government authorizes in Canada to do bankruptcy filings is a licensed insolvency trustee (formerly called a bankruptcy trustee or a trustee in bankruptcy) (Trustee). The process itself requires anyone experiencing financial problems either themselves or with their company, needs to meet with a Trustee for an initial consultation.

However, since the onset of the COVID-19 pandemic and the lockdowns that have accompanied it since March 2020, the way a Trustee meets with people considering bankruptcy has changed. It has essentially gone online given the current operating environment. I will explain what I mean and how it might help you with your individual situation.

Can I file bankruptcy in Canada online?

Virtually anything and everything can be done online. The lockdown has increased our use of online purchasing. Whether it is clothes, office supplies, or toilet paper, it can all be ordered online and shipped to our homes. The taxi industry has been under assault for some time now from both Uber and Lyft.

The internet also includes a wealth of knowledge on thousands of different subjects. Financial topics are no exception. I find that anyone contacting me who is struggling with their, or their company’s financial problems, debts and paying their bills, including credit card bills, have already looked online for information and help to try to recover for their financial future.

Although people may not understand everything about insolvency and bankruptcy with all its nuances, which is to be expected, callers are definitely more educated in options for help in dealing with their secured creditors, unsecured creditors and different types of debts – both secured debt and unsecured debt.

So nowadays, everyone expects that you can do everything online, including the ability to file bankruptcy in Canada. This is true for people who think bankruptcy might be a solution for them. They are curious to understand if they can declare bankruptcy online. It is no longer just a bankruptcy in-person system.

file bankruptcy in canada
file bankruptcy in canada

How the coronavirus pandemic pushed bankruptcy online

The bankruptcy law in Canada is a federal statute. So the Canadian government supervises the administration of the insolvency process in Canada through the Office of the Superintendent of Bankruptcy Canada (OSB). On March 13, 2020, as a result of COVID-19, the OSB provided guidance to Trustees about how elements of the process for filing bankruptcy in Canada have changed. The document issued by the OSB is called Temporary Guidance for LITS During the COVID-19 Pandemic.

In that guidance, the OSB pushed the Canadian insolvency system as close to how can you file bankruptcy online. The only thing you still cannot do is file bankruptcy online yourself.

There was great growing concern in Canada about COVID-19. Insolvency practitioners had to take action to reduce in-person meetings. The OSB supported the Trustee community in these initiatives while keeping the stability of Canada’s insolvency system.

The OSB encouraged Trustees to make use of the considerable flexibilities that exist in the OSB’s Directives when determining which measures may be appropriate, in light of the pandemic.

To allow for the necessary social distancing, while still allowing people to file bankruptcy in Canada, the OSB advised the Trustee community:

  • Assessment of a person’s or company’s financial situation – Trustees are allowed to make use of techniques besides in-person meetings. The OSB recognized the COVID-19 pandemic as a remarkable circumstance.
    • Trustees did not need to get separate approval to conduct assessments making use of techniques aside from in-person. Where a video conference is not feasible, evaluations and discussions about a person’s or company’s debt situation may be carried out through a mix of telephone discussion and email.
    • In these assessment meetings, we discuss various debt relief options and alternatives to bankruptcy to avoid bankruptcy. We talk about credit counselling sessions, debt consolidation, debt settlement, various financial management techniques. We even discuss is a debt consolidation loan a realistic prospect?
    • Then we move on to the insolvency remedies of a consumer proposal for financial reorganization and debt settlement, corporate financial reorganization, personal bankruptcy or corporate bankruptcy. Whatever is appropriate. Then we give the person our recommendations and help them pick the best solution for them. The aim is always to avoid bankruptcy, wherever possible.
  • Insolvency financial counselling – Trustees and the accredited credit counsellors in their office are allowed to give financial management counselling via video conferencing. The OSB also allowed for credit counseling over the telephone, when video conferencing is not feasible. That is how I have been doing each credit counselling session and it has been working very well.
  • Meeting of Creditors – The Chair of the meeting is now allowed to hold creditors’ meetings either by video or conference call. The Chair can count on the representations by those in attendance to confirm their identity. It is mainly the unsecured creditors who are interested in the meeting of creditors.
  • Oaths and Signatures: Filing for bankruptcy and the bankruptcy process, involves bankruptcy forms. We are now urged to trade bankruptcy paperwork using e-mail. Trustees also explain to anyone filing bankruptcy, be it personal bankruptcy or corporate bankruptcy, using video conferencing.
  • This also the case for a consumer proposal filing. So even though we are not sitting in the same room as the person, we give the debtor the required support to explain the bankruptcy forms by using Zoom, FaceTime or over the phone.

What I do for taking oaths is that I confirm the person’s name and ask them to hold up their birth certificate or driver’s licence to their webcam or mobile phone. I also watch them sign the official bankruptcy documents. Then, I ask them to scan everything, including the identification they used, email it to me right away and then put the originals in the regular Canada Post mail.

So far, this has worked quite well. It has allowed people to file bankruptcy in Canada even during a pandemic. It has worked so well, we are now helping people and entrepreneurs looking for debt relief options who otherwise could not travel to our office. They would not travel to see us in person because although they are in Ontario, they are not in the Great Toronto Area.

file bankruptcy in canada
file bankruptcy in canada

Trustees already use an online bankruptcy filing system

Once the Trustee receives the documents by email from the person, they then turn to the electronic online bankruptcy filing system. It is called the E filing system. The Trustee can upload certain computer files into the E filing system, to tell the OSB all the information it needs to issue the Certificate of Appointment.

It is the same system across the country, regardless of what province you are in when someone wants to file bankruptcy in Canada. When the OSB issues the Certificate, that is the moment when a person or company officially becomes bankrupt and the Trustee is appointed.

This same E filing system is used also for all filings. Things like a consumer proposal, corporate receivership and corporate restructuring filings are also uploaded through the same online portal.

File bankruptcy in Canada: The rest of the process is the same as before

Once the type of online bankruptcy or consumer proposal filing is made to help you with the debt solutions you need, the rest of the process is the same. How bankruptcies work in Canada from this point on is not really different, other than as stated above, the two mandatory counselling sessions are done by either video or telephone meeting. Also, the effect on someone’s credit report is the same.

To find out the information on how the overall process works when you file bankruptcy in Canada, take a look at my Brandon’s Blog – HOW TO FILE FOR BANKRUPTCY IN CANADA: PERSONAL BANKRUPTCY MODUS OPERANDI. That will give you a very good read on the entire process.

File bankruptcy in Canada online: A word of warning

A word of caution for you. Bear in mind at the beginning I told you that only a Trustee is licensed to do any insolvency filing in Canada. You should understand that to file bankruptcy in Canada or file a consumer proposal online in Canada with someone that is not licensed by the federal government as a Trustee isn’t a choice.

You must be aware of fake organizations, firms, or service providers that attempt to trick people right into believing they can do any kind of insolvency filing for you. This includes anyone wanting to file bankruptcy in Canada.

Sadly, there are many debt consultant bankruptcy scam artists that state that they can help you do a debt settlement for you for a fee. DO NOT think of them under any circumstances. All they do is charge you for the first bankruptcy assessment of a person’s financial situation that a Trustee will do for you at no cost.

Then they try to offer you more items that the state will certainly help improve your credit score. This may also include giving you a high-interest rate loan but holding back all the cash to make the monthly payments out of until gone. Then when they cannot sell you any more products, they walk you down the block to file with a Trustee either to do a consumer proposal or to file bankruptcy in Canada.

Do not fall for these scammers that make it seem like they can file bankruptcy in Canada for you.

File bankruptcy in Canada summary

I hope you have enjoyed this file bankruptcy in Canada 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 and you think the only thing you can do is file bankruptcy in Canada. 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. We know that we can help you the way we take the load off of your shoulders and devise a debt settlement plan.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. We help many people and companies avoid bankruptcy.

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 and healthy.

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

file bankruptcy in canada
file bankruptcy in canada
Categories
Brandon Blog Post

CERB REQUIREMENTS: ASTONISHING MIXUP UNDERSTANDING CERB REQUIREMENTS LEADS TO A BAD OUTCOME

cerb requirements
cerb requirements

We hope that you and your family are safe and healthy.

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

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

CERB requirements introduction

This year that is soon ending (YAY!!) has certainly been full of new learning experiences because of the COVID-19 pandemic. CERB requirements are just one of them. Since March, I have been writing about different financial issues relating to Canada’s COVID-19 Economic Response Plan, including the Canada Emergency Response Benefit (CERB). My two prior blogs on CERB were:

Even though the CERB program has ended, we now find that a new CERB requirements issue has just arisen concerning self-employed people. I will describe it for you.

A CERB requirements refresher

Just to refresh your memory, I think an overview of the Canadian CERB requirements will nicely set the stage.

To be eligible for the $2,000 CERB payment by applying to the Canada Revenue Agency (CRA), you have to have met particular CERB requirements for each of the CERB periods you were applying for. The Government of Canada specified the eligibility criteria to be:

  • You did not try to find or get, CERB or Employment Insurance from Service Canada for the specific CERB dates being applied for.
  • You did not stop your work voluntarily.
  • You reside in Canada and are at least 15 years of age.
  • You earned a minimum of $5,000 (before taxes) in the preceding 12 months, or in 2019, from 1 or more of:
    • work earnings
    • self-employment income
    • provincial benefit payments for maternity or parental leave
    • 1 of:
      • Your work hours have in fact been decreased as a result of COVID-19.
      • You have actually quit or will quit working because of COVID-19.
      • You are unable to work as a result of COVID-19, for example, due to the fact that you are caring for a person.
      • You have actually been paid EI benefits for at the very least one week of benefits after December 29, 2019, and finished your entitlement to such benefits.
  • One of:
    • If you are applying for the first time: You have actually quit or will stop working, or you are working decreased hours, as a result of the coronavirus. Additionally, you don’t expect to earn over $1,000 in gross employment or self-employment income for at least 14 days straight during the 4-week period.
    • If you are applying for a subsequent period: You are still not employed or self-employed, or you are doing lowered hours because of COVID-19. You do not anticipate making over $1,000 in gross employment or self-employment income, and you expect this to continue throughout the whole 4-week duration.

The Canadian CERB program is finished. The CRA accepted and paid retroactive applications until December 2, 2020. Now they are doing audits to see if people who received CERB did not actually qualify. This has uncovered a problem unique to self employed people.

The $5,000 CERB requirements problem

The $5,000 consists of all employment income and self-employment income. This includes among others: gratuities you have declared as earnings; non-eligible dividends; nominal amounts paid to emergency service volunteers; and royalties (e.g., paid to artists). If you are not eligible for Employment Insurance, you might additionally include pregnancy and parental benefits you obtained from the Employment Insurance program and/or comparable advantages paid in Quebec under the Quebec Parental Insurance Plan.

Pensions, student loans and bursaries are ruled out as employment income and must not be included.

So why is the $5,000 threshold of CERB requirements a problem for the self-employed?

Are CERB requirements gross?

The issue that has recently been uncovered for self-employed workers in the calculation of income. The employment and or self employment income does not need to be earned in Canada, but you need to reside in Canada. But the eligibility requirements, rules and eligibility criteria when it comes to self employed income have been misinterpreted.

Self employed Canadians have said that when they reviewed the government of Canada’s CERB website, they read that their business had to have earned (before taxes) a minimum of the $5,000 threshold. The devil is really in the details.

To “earn” $5,000, if you are deducting business expenses, which you should be, then your net income must be the minimum of $5,000 in order for you to earn $5,000. CRA and Service Canada spokespeople have now confirmed this.

Unfortunately, it appears that many self employed individuals misinterpreted this. They believed that if they billed gross income of a minimum of $5,000 (before taxes) in the preceding 12 months, or in 2019, then they met the cerb. They applied for CERB and received their payments totalling some $14,000. If they billed way more than $5,000 and after deducting expenses to earn that income their net income before tax is still above the $5,000 threshold, then there is no problem.

However, if they billed not much more than the $5,000 and after deducting expenses their net income is either minimal or has created a business loss, then they do have a problem because they will not have met the threshold of the CERB requirements.

So the CERB requirements are not gross. They are net.

cerb requirements
cerb requirements

What is CRA now saying?

CRA has now sent letters to many self employed people. It has been estimated in the media that CRA has identified to date some 200,000 self employed that CRA believes received CERB but did not meet the CERB requirements. The letters advise that, for self-employed Canadians, the qualifying earnings had to be “net pre-tax income,” which means gross income minus the expenses incurred to earn that gross income.

Self employed Canadians who misinterpreted the CERB requirements and requested and received CERB based upon their gross income made a mistake. They are being told by CRA that they will need to pay back up to $14,000 worth of benefits, according to many social media posts and news reports. Sounds simple, right?

It may sound simple, but, the misinterpretation of the CERB requirements has now caused many problems. The money was applied for because Canadians needed help with daily living expenses due to the economic effects of the COVID-19 pandemic. The money has been spent.

If the CERB money is not returned to the government before January 1, 2021, every self employed person in this conundrum will have to pay tax on the CERB amount received in 2020. Hopefully paying income tax on the CERB is not something these Canadians also did not overlook or misinterpret. Even if they pay the income tax when they file their 2020 income tax return, there is no guarantee that CRA will not still continue trying to collect the CERB payments.

There is a simple fix, but, will the Federal Government use it?

In my view, there is a simple fix for anyone who ran their own business as either a sole proprietor or partner and who received such a letter from CRA about their not having met the CERB requirements. It is a simple fix, but it will require what must be considered out of the box thinking for the government.

These people applied for CERB because they were hurting financially. They needed this help to buy food, pay rent, make mortgage payments. It wasn’t used for travel and fancy dinners. The last thing these people need is to repay the money they do not have anymore. So what is the simple fix? Let them keep the money and do not demand repayment. Let these people pay the income tax on that money.

If critics want to make sure that it does not look like these people took from the government in order to merely survive, then you could always deny them business expenses that would otherwise qualify up to the amount of CERB money they received. That way the government will collect additional income tax from them.

Given all the circumstances and the true reason for sending out the CERB money in the first place, it would be an awful ending for these people to be faced with being chased by CRA collection people for repayment.

CERB requirements summary

I hope you have enjoyed this CERB requirements 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 and healthy.

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

Categories
Brandon Blog Post

HOLIDAY SPENDING: HOW DO I STOP OVERSPENDING DURING THE HOLIDAYS?

We hope that you and your family are safe and healthy.

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

Holiday spending introduction

The holiday sales days of Black Friday and Cyber Monday holiday retail shopping are over. You may feel you tend to overdo it on your annual holiday spending and that will put you in a poor financial position entering into 2021. On the other hand, COVID-19 has made a lot of people anxious and even depressed. You want to buy something nice this Canadian holiday season for your loved ones and close friends to cheer them up.

So I have created our holiday spending in Canada tips to attempt to help with your holiday shopping. Ideally, by following our suggestions, you will not go into the New Year with more financial debt than you can take care of. You ideally will have avoided the most typical holiday spending mistakes and not end up being one of the miserable holiday shoppers who have awful holiday spending habits.

Holiday spending: Tale of two countries?

The COVID-19 pandemic has devastated the U.S. economy and kept lots of would-be consumers at home this year. Nationwide US consumers are expected to spend much less on gifts and various other holiday-related merchandise than they did last year. So many Americans are hurting because the federal government has not gotten the much-needed relief to people and businesses in the United States.

On the other hand, in Canada, the federal government has distributed relief very quickly. It has come as monetary support for citizens and businesses. It has also come in the form of mortgages and other loan deferrals. By the end of 2019, most, but not all of the Canadian government coronavirus support will end.

As I have written in previous blogs, the combination of government support payments and people staying at home, has resulted in people spending less. They have been able to put money towards paying down debt. Although debt levels are still high, they have been reduced over the last 10 months.

CPA Canada, the association that represents Chartered Professional Accountants of Canada, did a survey on the holiday outlook for this year. According to the CPA Canada survey, most Canadians’ spending will be on gifts: $588 this year versus $583 in 2019. So according to that survey, Canadians will spend, on average, the same this holiday season as last year. Perhaps the only question might be will they do more online shopping this year than in previous years? It will certainly be interesting to see the holiday spending retail sales report early next year.

How will Canadians buy for this year’s holiday spending?

Gifts are only one portion of total holiday spending. Traditionally, travel was always a large part of non-gift holiday spending. The CPA Canada holiday spending survey shows that Canadians have spending plans to spend the same on gifts as they did last year. However, due to the coronavirus pandemic, travel spending will certainly be far less than in prior years. It could even be essentially eliminated. This will create lower total holiday spending in Canada in 2020.

Another major trend sped up by the pandemic is a curbside pick-up. Many Canadians will select this approach for their online purchases. The reality is that Gen Z and Millennials use this approach or get their purchases delivered to them all year round – not just for their holiday spending.

Canadian adults aged 55-plus are traditionally the last to use curbside pickup or delivery. This holiday season may be very different for this group of Canadians. Health concerns may very well drive them to more online shopping this holiday shopping, given the reality of our current environment.holiday spending

Holiday spending budgeting

It is so important that you really think out your holiday spending budget plan before you start spending. I think there are 3 major classifications to your holiday budget: (i) presents; (ii) food and beverage in your home; and (iii) what you might spend in clothing and other amounts because of various holiday parties you would normally be attending. This year I don’t think there will be much spending relating to holiday parties as most, if not all, are cancelled.

To begin setting your holiday spending budget plan, you require to establish 2 different mini-budgets. For gifts, the first thing is to write down the names of everybody you feel you want to get holiday gifts for. Then write down only those who you must buy a gift for. You might not have the ability to afford your “wants”, however just your “needs”.

Check out your regular monthly income and expenses as well as any kind of savings you may have assigned for holiday costs. Also, look at your spending habits to understand what your needs will be over the first few months of the New Year. This will better equip you to understand just how much you can spend overall without going into holiday financial debt.

You also need to then estimate your spending on food and drink for your holiday entertaining this year. That number may very well be less than in previous years as people are being encouraged to not congregate in the same large numbers as they have previously.

Use your holiday spending calculator and take all of this into account, you can set with some degree of confidence your gift and other holiday spending budgets. Then you have to follow them!

My 6 best holiday spending tips

Here are my 6 best holiday spending tips:

  • Purchase with a purpose – You have now determined just how much you can safely spend on each person. Locate the ideal items that meet your costs goal. You do not have to think of price anymore since you will adhere to your specific gift cost limits. You can now focus only on suitable gifts within your budget restrictions. Purchase gifts that fit within your budget plan.
  • Only buy with cash money – You will certainly be enticed to get with your credit card. Using plastic will certainly trigger you to spend too much due to the fact that you will not really feel the purchase. To really feel the purchase, just use cash. When you feel it, you don’t spend too much. You will likewise prevent the awful surprise in January due to the fact that you will not receive an out of control charge card statement that you will not be able to settle fully. You will not only feel wonderful in December; you will have that same or even a better feeling in January.
  • Consider a family present to conserve money – If you feel you won’t have the ability to pay for individual presents, think about the members of the same household and look for a family gift. A gift card for the family may be more affordable than the total of individual presents. Don’t forget to take a look at that choice. Or perhaps one thing for the house that you know all family members will take pleasure in. There are many possibilities for a family present and you will still have an enjoyable shopping experience.
  • You have many talents so give of yourself, not your money – Don’t assume that the only gift that counts is one that costs money. You can actually do a buy nothing day for someone. You have many abilities and talents. Probably one or more would make a great present. If you cannot consider anything unique you can supply that would make a fantastic present, how about your time as an item? Babysit for nieces or nephews, give an afternoon to an ageing relative that needs help either in the house or getting around for errands. These can all count as important presents that won’t cost you anything or much at all. Your time and theirs spent together are much more precious than any type of present you would get in a shop.
  • Visualize the decorations – If you don’t currently have a box of ornaments from years past to use, visualize creatively. The accessories bought at a Dollar Store will look just as wonderful on your tree as ones purchased at a much more expensive specialty shop. Or, use your own creative thinking to make your own decors. If you aren’t certain where to begin, search the numerous videos online to teach you how to make terrific looking decorations that do not set you back too much for materials. Your work, certainly, is cost-free and you will get such joy out of seeing your own creations on your tree and in your home. Why not spread such joy to yourself first; you deserve it.
  • Do you have reward points you either do not see making use of or will quickly expire? – You have been collecting the points. You undoubtedly thought they would certainly give you something extra you may not otherwise be able to afford. Perhaps you might lose them or even otherwise, you don’t see on your own being able to use them in the foreseeable future. So, why not use them for an appropriate gift or gifts for those you need to buy for? You will also save time because more than likely, buying with points means that you are shopping online. You will certainly feel good about using them in this manner due to the fact that you will be making use of the points for someone important in your life. You will also feel good about not having to spend the cash. The people you get the gifts for will cherish your gift, never knowing that you didn’t have to spend cash to get them. It is a win-win.

I wish all of our readers a Happy Chanukah, a Merry Christmas and a healthy, happy and prosperous 2021.

Holiday spending: What if you already have too much debt?

I hope you have enjoyed this holiday spending 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 and healthy.

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

holiday spending

Categories
Brandon Blog Post

COURT APPOINTED RECEIVERSHIPS: THE EASIEST WAY TO AVOID COSTLY MISTAKES

court appointed receiverships
court appointed receiverships

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting. We hope that you and your family are safe and healthy.

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

Court appointed receiverships introduction

I have written several blogs before on receivership, be they court appointed receiverships or private appointments. The purpose of this blog is to discuss a recent court decision involving a big mistake made by a court-appointed receiver and why the court would not let them fix their error. That mistake cost them big time!

Some previous court appointed receiverships blogging

In reviewing the court case, three previous blogs of mine on court appointed receiverships came to mind:

The first one dealt with certain procedural matters in court appointed receiverships when the receiver sells real estate.

The second blog dealt with factors a court-appointed receiver must disclose to the court in seeking court approval for a sale of assets.

The third one was about what happens when a court-appointed receiver applies to the court for some relief without knowing all the details of the story they are telling the court! That is very embarrassing for receivers in court appointed receiverships!

The recent case I will shortly speak about reminded me of these three previous blogs. You will see the connection very soon, I promise.

What happens when a company goes into receivership?

When the company enters into receivership, senior management and the Directors shed most of their authority for decision making. The Directors’ general company obligations of preserving corporate records remain, yet any type of decision-making regarding the running of the business or its assets have vanished.

That is now the role of the receiver. This is true for a privately appointed receiver but it is especially so in court-appointed receiverships. That is because the court is now supervising all the company’s affairs and assets through its court officer, the receiver.

Responsibilities concerning the business in a practical sense stop upon the receiver being appointed. Their recommendations and help are only needed if requested by the receiver. They definitely will not be paid for any kind of initiative unless the receiver concurs in writing to make funds available for them in return for their services.

What are the duties of a receiver?

The receiver’s first task is to take possession of and control all of the assets, properties and undertaking covered by the secured creditor’s security in a private receivership. In court appointed receiverships, the receiver’s powers and actions come from the authority given to it by way of the court order appointing the receiver.

The receiver needs to make a decision whether it can get a greater amount for the assets if it runs the business. Conversely, the receiver may choose that the danger of operating the business is not worth it in terms of any type of upside value that may be gained from running the business.

The receiver after that creates a strategy for the running or the shuttering of the business as well as for the eventual sale of the assets. The kind of receivership appointment and the nature of the business operations and assets will dictate what approach the receiver will take. In the meantime, the receiver must protect and conserve all the assets, including making sure there is sufficient insurance coverage in place.

In a private appointment, the receiver requires to obtain the authorization of the secured creditor who appointed the receiver prior to implementing its plan and taking actions concerning the running of the business and the sale of the assets. In court appointed receiverships, the receiver requires the approval of the court.

The Court appointment case

This court case dealt with some very unique issues. The receiver was originally appointed by the court under the Courts of Justice Act (Ontario) and the Bankruptcy and Insolvency Act (Canada). The receiver was making a motion for advice and directions about it wanting approval for its fees and disbursements since the last approval order. It also wanted approval to make an interim distribution.

That seems pretty routine. It was the receiver’s fifth report to the court. The motion was opposed by the company whose assets were seized in the receivership. There was only one problem that caused that party to oppose the receiver’s motion. However, it was a humungous problem this receiver caused itself.

The problem is that the receiver obtained approvals from the court based on the information contained in its fourth report to the court and now the receiver was asking for something different!

Court appointed receiverships: A brief history of this court-appointed receivership

The major secured creditor who made a secured loan against a real estate project under both mortgage security and a general security agreement began court proceedings by making an application to the Ontario Superior Court of Justice Commercial List for the court appointment of a receiver. On June 22, 2017, Justice Conway released an Order appointing the receiver in this matter (the Receiver).

The Order followed the model receivership order format and had the usual provisions. Specifically, it mentioned in paragraph 18 that “the Receiver’s Charge shall form a first charge in priority to all security interests, trusts, liens, charges and encumbrances, statutory or otherwise, in favour of any Person….”.

The Receiver performed its duties and filed reports with the court on a timely basis and received the necessary approvals along the way. So far so good with the first three court reports.

The fourth report was OK too

In November 2019 the Receiver brought a motion for Justice Dietrich to approve its Fourth Report and also its Supplementary Fourth Report. The same stakeholder currently opposing the Receiver’s motion for advice and directions also challenged certain of the Receiver’s recommendations contained in its Fourth Report.

It turns out that from the Receiver’s efforts and sale of the real property, there was not only enough money to pay out all the secured creditors, but there were funds left over. This is a very unusual situation. So the Receiver came to court. One of the approvals it was seeking was its proposal to pay the claims of the unsecured creditors. This company opposed that relief claiming the unsecured creditors were statute-barred. The reason the company opposed this is simple. Whatever the unsecured creditors are not entitled to would presumably be available to flow to the shareholders of the company.

Justice Dietrich looked for further written materials on this issue from the parties which were received on March 16 and 31, 2020. Justice Dietrich considered all the material and released her endorsement on this issue on June 19, 2020.

court appointed receiverships
court appointed receiverships

Court appointed receiverships: Justice Dietrich’s decision

Justice Dietrich’s Order approved the Receiver’s Fourth Report and Supplementary Fourth Report (the Fourth Approval Order) as well as payment to the Receiver of its fees of $373,960.75 plus HST plus an accrual of $25,000 plus HST to finish the management of the receivership. The Order additionally authorized the Receiver’s legal fees of $85,218.23 plus HST and an accrual of $15,000 plus HST for concluding the administration of the receivership.

The Fourth Approval Order approved making payment to the unsecured creditors in the amount of $190,800.71. Those payouts were made without delay by the Receiver even prior to the appeal time for appealing the Fourth Approval Order expired. The remaining funds were to be paid out to the company who opposed the motion, or as the company may direct.

The Receiver made all the payments except for one. The funds to be paid to the company involved in the receivership, which was more than $1 million, had not been paid out to the company as of the date the Receiver came to court with its Fifth Report.

Court appointed receiverships: OOPS – We need a fifth report to court

The Fourth Approval Order was settled with the consent of all stakeholders. That order was obtained on the basis that there was not much work left to do and it would be covered off by the approved fee accruals. The Receiver and its lawyer were to finish its work and then file a certificate with the court to advise the work was finished. The Fourth Approval Order also said that when the Receiver files the certificate with the court, that is the trigger that discharges the Receiver and ends the receivership. This is all standard stuff.

There now is only one huge problem. Subsequent to the Fourth Approval Order being issued and entered, the Receiver requested more money for its fee and its legal fees, well above what it told the court already. The further amount it was seeking was pretty close to an extra $100,000.

The Receiver then delivered a Fifth Report laying out the added costs asked for and also documenting an added HST Refund and accumulated interest. The Receiver acknowledged that it made an error. The Receiver also acknowledged that it could have brought this to everyone’s attention before the Fourth Approval Order was settled, issued and entered and the appeal period already has expired.

Personally, I call that more than an error. That is a huge problem. It is a major blow to the firms’ revenue and cash flow. If not resolved in the Receiver’s favour, it will most certainly cause much angst among the partners in the licensed insolvency trustee firm.

Court appointed receiverships: The Fifth Report To Court hearing and what the two parties said

The Receiver’s position was fairly simple. They really didn’t have much they could say at this stage, other than, OOPS! The Receiver submitted that the Receivership Order appointing the Receiver is clear. Unless the Court orders otherwise, the Receiver will obtain its reasonable fees and costs and those of its legal counsel. Those fees and costs are secured by a first ranking charge against the assets being administered in the receivership.

All other amounts come after this first charge. The Receiver went on to say that the Appointment Order and the Fourth Approval Order were therefore in conflict and the Appointment Order must prevail.

The company in opposing the Receiver’s motion had some pretty simple facts on its side. The court agreed with these facts. The court stated that:

  • The Receiver only brought this motion on in response to the company’s attempt to set down a date for its motion to compel the Receiver to make the $1 million-plus payment to it as directed by the Fourth Approval Order.
  • The company agreed to the settling of the Fourth Approval Order based on the Receiver’s submissions to the court that what it put in its Fourth Reports was everything and there was. There was nothing else getting in the way of making all the payments approved in the Fourth Approval Order.
  • The Fourth Approval Order was intended to be final and for that reason
    incorporates the provisions of the Appointment Order. That is, it is open to the court to find that the Receiver has no capacity to request more fees since the clear objective of the Fourth Approval Order is to wrap up all issues including the discontinuation of the receivership.

The Receiver conceded that the details pertaining to the extra fees was known at the time the Fourth Approval Order was being settled and also after that. However, the Receiver took no particular actions to request them prior to the Order being settled and entered. The only action taken by the Receiver was this Motion for Directions supplied in reply to the company’s motion request to get paid what was already approved by the court.

The Commercial List court understood that the Receiver has undoubtedly made an error. The question the court needed to answer was who should pay for it – the Receiver or the company? The court decided that it should not be the company who settled the Fourth Approval Order understanding what its terms were, including, there was nothing standing in the way of it getting its money as already approved by the court.

The easiest way to avoid costly mistakes

Court appointed receiverhips, by their very nature, are complex administrations. Being a receiver or a receiver manager is a tough role. A court-appointed receiver must be fair and neutral to all parties as an officer of the court. Everyone is scrutinizing the decisions being made. Once a court-appointed receiver serves its motion materials, everyone goes through the receiver’s report with a fine-tooth comb. And rightly so.

It is not a good place to be when you make any kind of error in a public document. It is embarrassing and it makes everyone else wonder what other mistakes have you made? It is especially tough when your mistake short changes your firm out of the money that it has earned. These are awful circumstances.

By now you probably realize that you don’t have to be a licensed insolvency trustee to know the easiest way to avoid costly mistakes. Check, double-check and triple-check everything before you sign and release the report. As my carpenter friend says, “measure twice and cut once”.

Court appointed receiverships summary

I hope you have enjoyed this court appointed receiverships Brandon’s Blog. A sick insolvent company’s business might be saved by a debt restructuring.

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.

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting. We hope that you and your family are safe and healthy

Categories
Brandon Blog Post

CANADIAN CONSUMER DEBT: NEW REPORT SHOWS COVID-19 INSPIRES INCREASE IN CANADIAN MORTGAGE DEBT

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting. We hope that you and your family are safe and healthy.

Canadian consumer debt introduction

On November 30, 2020, Equifax Canada reported that total Canadian consumer debt climbed 3.8% to $2.041 trillion in the third quarter of 2020 compared to the third quarter in 2019. Canadian household average debt is extremely high.

The purpose of this Brandon’s Blog is to discuss what Canadian consumer debt is, what Canadian households have been doing with credit use during the pandemic and what the Equifax Canada reporting means for household debt.

The pandemic can’t stop Canadian consumer debt increase

The reporting indicates that the rise in Canadian consumer debt came mainly from debt growth in mortgage debt and auto loans. Mortgage balance increases came from both refinancings of existing mortgage debt and new mortgage applications.

The thinking with auto loans is that it resulted from Canadians purchasing vehicles that they had intended to purchase earlier in the year. Concerning mortgages, the refinancings were to consolidate higher interest rate non-mortgage debt, for credit products such as credit cards, into a new higher mortgage amount at much lower interest rates.

This obviously brings down the overall average debt interest rate. The new mortgages are tied directly into Canada’s housing market that the pandemic, so far, could not stop either.

All this has taken place with the backdrop of businesses closing and jobs being lost because of the pandemic. As well, millions of Canadians took advantage of payment deferrals on loan payments, especially mortgage deferrals on home mortgages. Finally, Equifax points out that the largest growth in mortgages came from those 35 years of age and under.

So you although you would think that the pandemic, business closures and job losses would result in an overall Canadian consumer debt increase due to hardship, that is not the case. The rise in Canadian consumer debt has been very focussed and is more about an opportunity for those that have maintained a good income.

While mortgage and auto loans increased, other non-mortgage debt products, such as credit cards and unsecured lines of credit, showed net decreases in outstanding balances. The reason for this is that with Canadians working from home and otherwise staying home while receiving government subsidies, they are spending less. On average, on a net basis, that means Canadians used some of their money to pay down non-mortgage Canadian consumer debt.

The debt-to-income ratio and Canadian consumer debt

On June 12, 2020, Statistics Canada reported that the debt-to-income ratio hit an all-time high of 178% in late 2017. The Statistics Canada report in June 2020 said it was at 177%.

The debt-to-income ratio is the degree of just how much financial obligations a household has, compared to its disposable income. That is, the money you have readily available to spend or invest, on an after-tax basis.

A ratio of 177% means that, throughout all Canadian families, we jointly owe $1.77 for every single dollar of disposable income we have. So that means on average, household debt as compared to household disposable income is very close to the all-time high.

What are the consequences of the debt-to-income ratio and Canadian consumer debt?

The general agreement is that too much Canadian consumer debt makes households financially susceptible. If you’re a financial policymaker, such as the Bank of Canada, you worry that too much debt makes the Canadian economic climate much less resistant to future economic shocks. One of the things worrying the Bank of Canada was expressed recently by Deputy governor Toni Gravelle “that fear hasn’t played out during the pandemic, despite it being the worst downturn since the Great Depression.”

At the personal level, we are likely concerned not with macroeconomic principles, but rather, can we afford to make our monthly payments and delinquency rates. Canadians generally, and unfortunately, do not consider what would happen to their ability to pay if something unexpected occurs such as increases in the rate of interest, or the loss of your job.

Using debt is also correlated with optimism regarding our financial futures. Individuals that expect their financial situation to improve are far more likely to be willing to take on more financial debt. Statistics Canada research reveals that individuals’ assumptions concerning their financial circumstances are strongly correlated with both their amount of total Canadian household debt and their debt-to-income ratio.

Even the most optimistic households, however, are still subject to borrowing rules set by financial institutions. The increase in mortgages, be it a refinancing or a new mortgage, is obviously by people who can meet the borrowing rules. Lenders look at the household’s debt service ratio. This calculation suggests to lenders what the household’s capability to make its debt payments according to the repayment schedule is.

So what this tells me is that the housing market, especially the hot expensive cities of Vancouver and Toronto, is being fuelled by those who have good jobs and who can work from home. Probably white-collar jobs and professionals who see the combination of super-low interest rates, their household debt and debt-to-income ratio as an opportunity. They are not as worried about their debt levels or average debt. They are optimistic about taking on more consumer credit.

canadian consumer debt
canadian consumer debt

Are there dangers with the current level of Canadian consumer debt?

Those who have lost their jobs or business are not buying more expensive homes. Those whose hours are constrained by the pandemic also are not the ones buying. So this highlights a divide in the Canadian economy. Those who can afford to view this pandemic as a financial opportunity vs those who are barely hanging on not knowing how they are going to make next month’s rent payment.

The statistics show that 12% of brand-new loans were by Canadians already taking advantage of payment deferral programs. So presumably, those who took advantage of mortgage deferrals in particular also took advantage of credit use for the opportunity I would guess to refinance other household debt.

They rolled higher rate non-mortgage Canadian consumer debt into much lower rate mortgage debt. Another financial opportunity for those with enough income to meet the lender’s borrowing requirements. This produced growth in mortgage debt but a decline in mortgage delinquency rates.

But there is also the other end of the economic scale. Recently, Prosper Canada, a national charity dedicated to expanding economic possibilities for Canadians living in poverty with program and policy innovation, released its report titled “Roadblock to Recovery: Consumer debt of low- and moderate-income Canadians in the time of COVID-19″.

This report shows the effect of household debt on low-income families. The reports main findings are:

  • Many, but not all, low and moderate household income families carry debt.
  • Low household income families spend an average of 31% of their incomes repaying debt, while moderate household income families spend an average of 18%.
  • Fewer low household income families have debt loads backed by assets than their higher-income counterparts. Only 20% of indebted low-income households and 39% of indebted moderate-income households carry mortgage debt.
  • Fifty-nine percent of indebted low household income families and 56 percent of indebted moderate-income households carry some amount of credit card, unsecured lines of credit and/or installment loan debt, making this the most common type of debt among these households.
  • Twenty-four percent of indebted low household income families carry student loan debt compared to just 15% to 17% of households at other income levels.
  • For many households, especially those outside urban centres, automobiles are a necessity of life. However, auto loans pose several risks to low- and moderate household income borrowers with low credit scores.
  • Financial counselling support for insolvent borrowers is of uneven quality and there are few sources of free, quality financial debt counselling available to Canadians struggling to avoid insolvency. These groups also have no financial plan.

Canadian consumer debt patterns show there are two economic Canadas

The COVID-19 pandemic has actually highlighted in plain terms exactly how unprepared most Canadians are to weather a major economic shock. The above-noted studies show in stark terms that there are at least two economic Canadas.

The first are those who can afford to refinance their mortgage or buy a home to get a new mortgage. The other Canada has lost jobs, businesses and are low to middle income. The low to middle-income groups are in financial trouble and their Canada consumer debt is generally not backed by assets.

However, those who might experience financial problems are not limited to one of the groups. Those who do the refinancings and new mortgages are buoyed by their own optimism for the future. They may tend to just keep taking on more debt. They are not prepared for an unforeseen shock. They will not realize that they are in trouble until they hit the wall.

How do you know if your Canadian consumer debt is a problem?

There are several warning signs that your Canadian consumer debt is a problem. Major indicators are:

  • Your bank account is overdrawn every month.
  • You are using credit cards for daily expenses.
  • You have already taken on payday loans and have started to receive collection telephone calls.
  • Your debt levels are rising are about to hit the maximum of all of your credit lines.
  • You are behind on your loan payments.

If you see your debt levels will soon be out of control, the time to act is now. Contact me and I will review your situation and provide you with a financial counselling session at no cost to you.

Canadian consumer debt summary

I hope you have enjoyed this Canadian consumer debt 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.

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting. We hope that you and your family are safe and healthy.

canadian consumer debt
canadian consumer debt
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Brandon Blog Post

CRA PAYMENT ARRANGEMENTS CONTACT A TRUSTEE FOR COMPLETE DEBT RELIEF

cra payment arrangements
cra payment arrangements

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting. We hope that you and your family are safe and healthy.

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CRA payment arrangements –introduction

Are you experiencing income tax problems with the Canada Revenue Agency (CRA)? Some people still call CRA by their old name, Revenue Canada. You may need to make CRA payment arrangements. If you are burdened with serious tax debt and tax problems, although CRA may be your most pressing problem, it still may only be one of several creditors that you have to deal with.

You may be bombarded with advertisements from tax lawyers trying to scare you into believing that you need a tax lawyer in Canada to deal with CRA debt. However, if you can’t enter into proper CRA payment arrangements directly with them, consulting with a licensed insolvency trustee Trustee) may be a much better option to get you into a payment arrangement to take care of your tax debt.

What should I do when the CRA collections officer is calling me?

Neglecting the CRA’s letters or phone calls is never a good suggestion. This will just cause extra extreme collection initiatives and make them much less receptive to reasonable CRA payment arrangements.

Make sure you the options that relate to you under Canada’s tax regulations before you react to any inquiries or requests from the CRA. As an example, if a CRA agent asks for your financial information or a listing of your business customers, request time to adhere to this demand. Then use that time to promptly seek the help of a proper tax professional.

Keep all documents and also make sure CRA payment arrangements and other discussions and agreements are confirmed in writing by the appropriate CRA collections officer.

Then armed with proper advice, you can make the choice that best suits your situation.

What are the CRA payment arrangements?

The CRA isn’t looking to prosecute you; the collections officer is looking for debt collection of money from you when you did not include the required payment with your tax filing. One of the ways they can do that is through CRA payment arrangements.

A payment plan with the CRA allows you to make smaller-sized repayments over time till you have paid your entire financial debt. In any payment plan, even though you are making payments, interest continues to be charged on the outstanding tax debt.

To help the CRA establish your capability to pay, they will of course first look up your prior tax returns tied into your social insurance number. They will do that first to see what our average reported income has been over the last few years to get an initial idea of your ability to repay.

Financial disclosure will be important. They will certainly want you to give current information on your financial situation. This will include evidence of your current income, expenditures, assets, and debts to others. CRA already knows how much you owe them!

If they agree to get into CRA payment arrangements with you, they will want either a series of post-dated cheques or your entering into a pre-authorized debit agreement. They will also warn you that if any cheque is not honoured by your bank, then your deal with CRA is off. At that point, they will go back into full collection mode.

Why enter into a payment arrangement?

If you have an income tax obligation as a result of not being able to pay your full personal income tax obligation when filing your income tax return, then a payment arrangement makes sense.

Since the onset of COVID-19, CRA staff, including the group that includes the collections officer, have been working from home. That is continuing and the tax system in Canada is functioning. Since September 2020, they are calling and writing taxpayers about their existing income tax debt arising from your tax filing and the resultant notice of assessment.

The CRA will reconnect with taxpayers to re-evaluate their financial situation and agree to a settlement plan, where feasible. CRA would prefer to get the money you owe through CRA payment arrangements. They do not want to initiate legal action unless all collection efforts have failed.

So why enter into a payment arrangement? To show CRA that you want to work with them and to avoid tax debt collection activities that will most certainly disrupt your life.

Can you apply to CRA to reduce penalty, interest and tax debt?

Tax lawyers that advertise on television make a big deal out of making an application to the Minister of Revenue to have parts of the individual tax debt either reduced or eliminated. This process is called filing under the taxpayer relief provisions of the Income Tax Act.

When there is a legitimate basis in tax law to do so, of course. However, I have done many consumer proposals for people who went to such a TV tax lawyer who first touted the benefits of making such an application. It is very seductive to be told by a professional that if the taxpayer relief petition is successful, your tax debt will vanish, or at least you will get relief of penalties and there will be no need for CRA payment arrangements.

The problem is that when you have no real basis, it won’t work. It does take a long time for CRA to decide on your relief request so pushing it off way into the future is attractive. However, I have not seen one such application touted by the TV tax lawyer work. What has happened is the person has paid about $10,000 to that tax lawyer to fill in a couple of pieces of paper for a process that did not work.

As I mentioned, those same people then come back to me to file their consumer proposal to settle all their debts. I understand why they would prefer not to. I just hate to see people spend money they can’t afford to because they were sold a dream that can never be fulfilled. Now the person owes even more because of accrued interest. Entering into CRA payment arrangements has a much higher chance of success than applying for taxpayer relief when there is no basis in income tax law to do so.

cra payment arrangements
cra payment arrangements

Without CRA payment arrangements, what can CRA do to enforce payment of my tax liability?

Enforcement activity will usually include freezing and taking the money in your bank accounts, garnishing (taking) your salary or wages if you are an employee. If you are a proprietor of a business, they can notify your customers and seize your receivables. Also, without notice to you, they can get a federal judgment to place a lien on your residence.

You really do not want to experience any of these more drastic collection methods used by CRA. You want to try your best to meet your payment obligations. Third-party assessments, asset liens, tax garnishments are not fun.

These actions are severe and will totally disrupt your life. Keep in mind that CRA usually only goes to this extent if you have shown non-compliance with their attempts to enter into CRA payment arrangements.

What if I am experiencing financial hardship?

If you are experiencing financial hardship and perhaps have unmanageable debts above and beyond income tax debt, then CRA payment arrangements are probably also out of reach for you. In that case, contact a Trustee. I will review your entire financial situation and give you options in eliminating your debts. This initial consultation will be at no cost to you.

Hopefully, you will be able to avoid bankruptcy by filing a consumer proposal. A consumer proposal is the only debt settlement plan approved and supervised by the Canadian government.

If you run a business through a proprietorship, keep in mind that there are two kinds of tax debt that cannot be eliminated, even by bankruptcy. The first is unremitted source deductions from your employee payroll. The other is GST/HST that you collected but have not remitted to CRA.

The reason is that these are trust amounts. The tax law says that you are holding those amounts in trust for the government. So, if you have any tax debts that are trust amounts, those will have to be paid in full. Through a consumer proposal, I can get you into separate CRA payment arrangements so that you will get some time to pay the trust claims. No one, including TV tax lawyers, can do anything better for you for trust amounts.

CRA payment arrangements summary

I hope you have enjoyed this CRA payment arrangements Brandon’s Blog. I can help you solve tax and other debt problems.

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.

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting. We hope that you and your family are safe and healthy.

Call a Trustee Now!