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FRAUD AND MISREPRESENTATION AND BANKRUPTCY: SUPREME COURT OF CANADA’S REVOLUTIONARY RULING ON ADMINISTRATIVE FINES AND BANKRUPTCY

Post author By Brandon Smith
Post date August 5, 2024

fraud and misrepresentation

Fraud and Misrepresentation: Introduction

On July 31, 2024, the Supreme Court of Canada released its decision in the case of Poonian v. British Columbia (Securities Commission), 2024 SCC 28. This appeal to the Supreme Court was heard on December 6, 2023. The Canadian insolvency community has been anxiously awaiting this decision to drop.

Thalbinder Singh Poonian and Shailu Poonian engaged in market manipulation that caused vulnerable investors to lose millions of dollars. The British Columbia Securities Commission (BCSC) found that they had contravened the province’s Securities Act. It ordered them to pay $13.5 million in administrative penalties; it also ordered them to disgorge approximately $5.6 million, which represented the amounts they obtained as a result of the market manipulation fraud and misrepresentation scheme.

These sanctions were registered with the Supreme Court of British Columbia under the Securities Act, which provides that, on being filed in a registry of that court, a decision of the BCSC has the same force and effect, and all proceedings may be taken on it as if it were a judgment of that court.

On April 20, 2018, the Poonians initiated a voluntary assignment in bankruptcy. Subsequently, on February 13, 2020, they sought a discharge from bankruptcy; however, this request was opposed by both the BCSC and the Canada Revenue Agency. On April 8, 2020, the Supreme Court of British Columbia denied the Poonians’ application, and as a result, they continue to remain undischarged bankrupts to this day.

In this Brandon’s Blog, I discuss the decision of the Supreme Court of Canada in this case. The Poonian case stems from stock market manipulation, fraud and misrepresentation. It highlights the intersection of fraud, bankruptcy law, and investor protection. Its impact stresses the need for reform to ensure accountability for dishonest practices while fostering trust in financial markets. The ruling may serve as a crucial step towards a more ethical financial landscape.

Fraud and Misrepresentation: The Core Issues of the Case

Delving into the intricacies of the case provides a rich tapestry of legal nuances that underscore the importance of regulatory frameworks in financial markets. The case was centred around the role of the BCSC, a critical entity in safeguarding investor interests and maintaining the integrity of the marketplace.

An important question arose: could the

administrative penalties and disgorgement orders imposed by the BCSC withstand the complexities introduced by bankruptcy discharges as delineated in the Bankruptcy and Insolvency Act (Canada) (BIA)? This question reflects legal intricacies and highlights ethical implications in financial governance.

First, let’s examine the significant penalties. The case’s details reveal staggering financial penalties: Thalbinder Poonian was hit with a hefty $13.5 million administrative penalty, while his partner, Shailu Poonian, faced $3.5 million. Additionally, a $5.6 million disgorgement order was made by the BCSC representing the Poonians’ illicit gains from their fraud and misrepresentation activities between 2007 and 2009.

The BCSC applied to the Supreme Court of British Columbia for a declaration that the debts represented by the administrative penalties and disgorgement orders not be released by any order of discharge, under s.178(1)(a), (d) and (e) of the BIA. The chambers judge allowed the BCSC’s application, finding that the debts were exempt and would survive any discharge. While only one exception had to apply for the debts not to be released, the chambers judge found the exceptions in s. 178(1)(a) and (e) both applied.

The Poonians filed an appeal with the British Columbia Court of Appeal, contesting, among other points, the chambers judge’s interpretation of the Bankruptcy and Insolvency Act (BIA). Justice Willcock, representing the British Columbia Court of Appeal, determined that the chambers judge had made an error in concluding that the debts were exempt from discharge under section 178(1)(a) of the BIA. However, the court upheld the chambers judge’s finding that the debts were exempt under section 178(1)(e). As the debts were deemed exempt, albeit only under section 178(1)(e), the appeal was ultimately dismissed.

Not satisfied with this result, the Poonians appealed to the Supreme Court of Canada. Before delving into the findings of the Supreme Court of Canada, we should review some basics about the BIA.

fraud and misrepresentation

The Legal Background of Bankruptcy and Fraud and Misrepresentation

The Bankruptcy and Insolvency Act

The Supreme Court’s analysis of the BIA centred on interpreting and applying the exceptions listed under section 178(1) in the context of the Poonian v. British Columbia Securities Commission case. Here are the key aspects of the court’s analysis:

Financial Rehabilitation and Fresh Start Principle:

The court acknowledged the primary objective of the BIA, which is to facilitate the financial rehabilitation of debtors by enabling them to achieve a fresh start and relief from burdensome debt.
Subsection 178(2) of the BIA delineates the fresh start principle, permitting an honest yet unfortunate debtor to be discharged from outstanding debts upon completing the bankruptcy process.

Limits of Financial Rehabilitation:

The court acknowledged that while financial rehabilitation is a key goal of the BIA, it is not unlimited. There must be a proper balance of interests. Sections 172 and 178(1) of the BIA set out specific debts and considerations that balance financial rehabilitation with other policy objectives.

Section 178(1) Exceptions:

The court highlighted that Section 178(1) enumerates particular debts that are not extinguished by discharge and consequently persist beyond bankruptcy. This provision reflects Parliament’s intention to reconcile financial rehabilitation with other policy objectives, including the maintenance of confidence in the credit system.

Specific Debt Exemptions:

The court addressed exemptions under sections 178(1)(a) and 178(1)(e) of the BIA, which were central to the case.
Section 178(1)(a) relates to fines, penalties, restitution orders, recognizances, bail, and orders imposed by a court (emphasis added). The court interpreted this subsection to clarify its scope and application to the BCSC’s orders.
Section 178(1)(e) pertains to debts or liabilities resulting from obtaining property or services by false pretenses or fraudulent misrepresentation. The court provided a detailed analysis of the elements and requirements of this subsection concerning the case at hand.

Interpretation of Court Orders:

There was an analysis of the effect of administrative tribunal decisions being registered as judgments of a court and whether they fall under the exemptions listed in section 178(1)(a) of the BIA.

Decision on Exemptions:

Ultimately, the court determined whether the administrative penalties and disgorgement orders in the Poonian case were exempt from discharge under section 178(1)(a) and (e).

Overall, the court’s analysis primarily focused on the relevant exceptions under section 178(1) of the BIA, their interpretation, and their application to the specific circumstances of the case.

Section 178(1) Explained

The legal background of bankruptcy concerning fraud and misrepresentation involves specific elements that need to be established for a debt or liability to survive bankruptcy under section 178(1)(e) of the BIA. Here are the key points in the Supreme Court analysis related to this legislative history:

False Pretences or Fraudulent Misrepresentation:

- The first requirement is for the creditor to prove that the debts or liabilities were obtained as a result of the debtor’s false pretences or fraudulent misrepresentation.
- A court cannot infer fraud easily and must independently review the evidence presented.
- Judicial notice of fraud is not admissible, and fraud cannot be inferred in a cursory manner.
- The creditor must establish that a deceitful statement was made, which was false, made knowingly without belief in its truth, and that the creditor relied on it and suffered a loss as a result.

Passing of Property or Provision of Services:

- The second requirement involves a loss in the form of a transfer of property or delivery of services, resulting in a corresponding debt or liability.
- The bankrupt need not be the direct recipient of the property. It can pass indirectly from the person to a third party at the bankrupt’s direction.
- The property need not be obtained or retained by the bankrupt, but the fraudulent misrepresentation must induce a person to give the property to the bankrupt or someone associated with the bankrupt.

Link between Debt or Liability and Fraud:

The debt or liability must have been created as a direct result of false pretences or fraudulent misrepresentation.
The court must ensure a clear and cogent link between the deceitful conduct and the resulting debt or liability.
Even if findings of fraud have been made by an administrative decision-maker, the court must make its determination based on a review of the evidence.

In summary, the legal background of bankruptcy and fraud/misrepresentation involves stringent requirements to establish that debts or liabilities were obtained through deceitful actions, resulting in a loss of property or services, and directly linked to the fraudulent conduct. These elements are essential for determining whether a debt or liability can survive bankruptcy under the BIA.

Fraud and Misrepresentation: The Appeal To The Supreme Court

The Supreme Court’s Decision

The Supreme Court’s majority opinion dismissing this appeal by the Poonians written by Justice Côté now provides clarity on the matter. The SCC affirmed that the disgorgement orders are monetary sanctions imposed because of, and thus resulting from, deceitful conduct or dishonest conduct that Parliament specifically sought to address. They are debts that originate from the Poonians having obtained property by false pretences or fraudulent misrepresentations. Accordingly, the disgorgement order falls within the narrow scope of s. 178(1)(e) and should not be released by any order of discharge from bankruptcy. The Supreme Court majority decision decided that the administrative penalties do not fall under any of the section 178(1) exemptions, be it section 178(1)(a) or (e).

This decision illuminates the understanding that the BCSC’s disgorgement order was closely tied to the fraudulent actions of the Poonians, which had directly inflicted financial harm on investors, but the administrative penalties were not. In essence, the court recognized that allowing the disgorgement order to be discharged would go against the spirit of the law designed to root out fraudulent behaviour.

The dissenting opinion from Justices Karakatsanis and Martin also adds an intriguing layer to this narrative. They concurred with the majority opinion for the survival of the disgorgement order under BIA sections 178(1)(e), but they would have given the administrative penalties the same treatment. The dissenting Justices advocated for the idea that all the underlying actions constituted fraud. However, their dissenting opinion did not alienate them from the majority opinion on the disgorgement order.

The Poonian case highlights the critical tension between providing pathways for honest debtors and preventing those engaged in deceit from reaping financial rewards for their actions. It is a reminder that while bankruptcy law aims to provide relief, it should not create loopholes that enable fraudsters to escape accountability. The dissonance between the aims of the BIA and the realities of financial misconduct presents a significant challenge but also an opportunity to fortify legal structures that prioritize the trustworthiness of our financial systems.

The Supreme Court’s Detailed Analysis of Section 178(1) of the BIA

To fully grasp the nuances of bankruptcy discharges, understanding Section 178(1) is crucial. This section explicitly lists categories of debts that a bankruptcy discharge does not cover. Specifically, it sets out parameters that determine if a debt may survive the bankruptcy process.

Subsection (a) targets amounts that are deemed penalties specifically imposed by a court for offences.
Subsection (e), on the other hand, relates to non-dischargeable debts that arise from unlawful acquisition of property through fraudulent misrepresentation.

Through the context of Poonian’s case, we begin to see the implications of these distinctions. The Supreme Court directly confronted whether the administrative penalties levied against the Poonians did not fall under the non-dischargeable categories, notwithstanding these penalties had been registered with the BC court.

Differences Between Court-Imposed Penalties and Administrative Fines

One of the critical distinctions I’ve noticed is how court-imposed penalties differ fundamentally from administrative fines. Administrative penalties are typically issued by regulatory agencies for violations of regulation rather than for conduct termed by law. In the case at hand, the penalties were administered by the BCSC, which is an administrative body. It was not a decision of the Court.

The Supreme Court highlighted that for the context of subsection (a), penalties need to originate from a court ruling to classify as “court-imposed.” The Justices affirmed neither the administrative penalties nor the disgorgement orders stemming from the BCSC fell under subsection 178(1)(a). Conversely, it recognized that only the disgorgement order debt could indeed be assessed under subsection 178(1)(e) because they arose from the fraudulent actions committed by the Poonians, aligning such misconduct directly with fraudulent misrepresentation.

fraud and misrepresentation

Fraud and Misrepresentation: Real-Life Implications for Those Facing Bankruptcy

While exploring this judicial decision, let’s not overlook the real-world implications for individuals grappling with the aftermath of bankruptcy. Bankruptcy proceedings are not simply academic exercises; they represent often hard-fought battles for individuals and families seeking finality and relief from oppressive debt. However, as this case illustrates, an individual’s past actions in the realm of fraud can significantly affect their future financial recovery.

The situation faced by Thalbinder and Shailu Poonian serves as a cautionary tale. After executing a fraudulent market manipulation scheme that inflicted massive financial losses on investors, they found themselves facing not only civil penalties but also the complexities of bankruptcy law that would determine if certain of their debts could not be discharged through the bankruptcy process. Their case spotlighted how, even while seeking refuge under the BIA, the weight of their actions continued to haunt them—shaping their financial reality moving forward.

In the context of fraud and misrepresentation, the legal system takes a firm stance. The Supreme Court underscored that despite bankruptcy serving as a fresh start for many, there remains a clear societal interest in holding those who engage in fraudulent conduct accountable. As one legal expert succinctly articulated,

“It’s essential to maintain the balance between allowing recovery and punishing fraudulent behaviour.”

Upon reviewing the rulings, it becomes evident that the relationship between administrative penalties and bankruptcy discharges presents significant complexities. The evolving nature of jurisprudence underscores the importance of seeking experienced legal counsel for individuals navigating these circumstances. Cases such as that of the Poonians highlight the enduring repercussions of dishonesty in business transactions and the stringent scrutiny that follows in the legal arena.

Moreover, Section 178(1) serves as an essential protective measure against unscrupulous debtors, holding accountable those who exploit the bankruptcy system for personal gain. It is imperative to emphasize that not all debts are treated equitably in bankruptcy proceedings, particularly for individuals who have acquired property through fraud and misrepresentation.

Fraud and Misrepresentation: The Broader Legal Implications of the Ruling

In reflecting on the Supreme Court ruling in this case, I am struck by the potential ramifications for future cases involving a fraudulent scheme and bankruptcy. The ruling not only clarifies certain provisions under the BIA but also highlights that the majority opinion shapes the legal discourse for years to come.

The core issue at stake was whether administrative penalties and disgorgement orders could withstand bankruptcy discharges. The Poonians, who engaged in a significant market manipulation scheme causing notable losses to investors, faced substantial sanctions totalling over $17 million. What caught my attention was the legal reasoning applied by the judges concerning subsections of the BIA — particularly around the distinction of what constitutes a “penalty imposed by a court.” The majority decision concluded that the disgorgement orders could indeed be non-dischargeable, while they dismissed the administrative penalties under section 178(1).

fraud and misrepresentation

Fraud and Misrepresentation: Impact on Future Cases

The implications of this ruling extend far beyond the immediate case. The way future fraud cases are adjudicated may fundamentally change as a consequence of this decision. From my perspective, the judicial reasoning employed could pave the way for stricter enforcement of certain penalties against those engaging in fraudulent activity. At the same time, the reasoning, in this case, can be extended to all administrative tribunals charged with maintaining the trust the public can place in the industry they regulate.

I can envision that future court rulings will be influenced by the emphasis placed on the fraudulent behaviour of the individuals involved. If future courts lean towards the rationale demonstrated here, it might deter would-be fraudsters from riskier financial behaviour due to the heightened likelihood of facing non-dischargeable debts post-bankruptcy.

Furthermore, this case might serve as a benchmark for evaluating the legitimacy and scope of financial penalties imposed not only by commissions like the BCSC but also by regulatory bodies across Canada. When I think about the potential for greater clarity in judicial interpretation, I am both hopeful and curious about its influence on how we perceive financial accountability in society at large.

Fraud and Misrepresentation: Conclusion

As I sift through the implications of this Supreme Court decision, I can’t help but reflect on how the outcomes resonate far beyond the courtroom. The repercussions of this case reach every corner of the investment community, sending ripples into regulatory frameworks that must adapt to this reality.

The Poonians were found guilty of orchestrating fraud and misrepresentation through their stock manipulation activities that significantly harmed countless investors. The Supreme Court’s ruling, emphasizes a crucial principle: while bankruptcy laws may offer a fresh start, they should not protect those who engage in unethical conduct.

I hope you enjoyed this fraud and misrepresentation 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 someone with too much personal debt.

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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 information provided in this Brandon’s Blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content of this Brandon’s Blog should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc. as well as any contributors to this Brandon’s Blog, do not assume any liability for any loss or damage resulting from reliance on the information provided herein.

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ESSENTIAL DUTIES OF BANKRUPTS AND TRUSTEES IN LIQUIDATING ASSETS: THE ULTIMATE COMPREHENSIVE GUIDE

Post author By Brandon Smith
Post date July 29, 2024

Liquidating Assets: Introduction

Today I am writing about an exciting recent court decision from the Court of King’s Bench of Alberta released on July 23, 2024. This case is an appeal to the Court decided by The Honourable Justice Douglas R. Mah from the decision of the Registrar in Bankruptcy in the bankruptcy discharge hearing of Dr. Omar Ahmad Nsair. The case citation is Nsair (Re), 2024 ABKB 450.

Regular readers of my Brandon’s Blog will recall that last week I wrote about the bankruptcy discharge hearing of Ontario’s self-proclaimed Crypto King in LESSONS FROM THE AIDEN PLETERSKI BANKRUPTCY: OUR COMPREHENSIVE GUIDE ON A “CRYPTO KING” BANKRUPTCY DISCHARGE.

That blog dealt with Aiden Pleterski’s failed application for discharge from bankruptcy. One of the various reasons his discharge application failed was, amongst other things, his total lack of cooperation with their licensed insolvency trustee for the identification and liquidation of his non-exempt assets.

Dr. Omar Ahmad Nsair’s case answers the following question: How much assistance does the bankrupt need to give the licensed insolvency trustee? Dr. Nsair filed a voluntary assignment in bankruptcy. His case underscores the challenges of balancing statutory duties with practical limitations in asset realization, offering valuable insights into the intricacies of bankruptcy proceedings.

First I will provide an overview of the role and responsibilities of a receiver or bankruptcy trustee in liquidating assets. Then I will delve into the details of Dr. Nsair’s personal bankruptcy, where a compelling narrative unfolds, shedding light on the complexities of asset realization and statutory duties in the face of economic uncertainties. Join me on this legal journey as we dissect the nuances of bankruptcy proceedings and the implications for all parties involved.

Liquidating Assets: The Bankruptcy and Insolvency Act of Canada

Overview of the Bankruptcy and Insolvency Act Relating To Liquidating Assets

The Canadian Bankruptcy and Insolvency Act (BIA) is a federal statute that plays a crucial role in liquidating assets in both receivership and bankruptcy scenarios. Here are some key aspects of the BIA’s importance in this context:

Priorities: The BIA sets out the order of priority for the distribution of assets in receivership or bankruptcy. This ensures that certain creditors, such as secured creditors, are paid first, followed by unsecured creditors.
Stay of Proceedings: The BIA provides for a stay of proceedings, which prevents creditors from taking legal action against the debtor or its assets during the receivership or bankruptcy process. This stay allows for a more orderly way of liquidating assets.
Powers of the Receiver or Trustee: The BIA grants the receiver or trustee extensive powers to manage and liquidate the insolvent debtor’s assets. This includes the power to sell assets, collect debts, and manage the debtor’s business.
Asset Protection: The BIA provides for the protection of certain assets, such as exempt property, which are not available to creditors. This ensures that debtors have some protection for essential assets, such as their primary residence.
Notice and Disclosure: The BIA requires the receiver or trustee to provide notice to creditors and other interested parties of the liquidation process. This ensures that all parties are aware of the process and have an opportunity to participate.
Liquidating Assets Process: The BIA sets out the procedures for liquidating assets, including the requirement for a public auction or sale of assets. This ensures that assets are sold fairly and transparently.
Distribution of Proceeds: The BIA sets out the rules for distributing the proceeds of liquidating assets, including the priority of payments to creditors. This ensures that creditors are paid in the correct order.
Avoidance Powers: The BIA grants the licensed insolvency trustee acting as receiver or bankruptcy trustee avoidance powers, which allow them to recover assets that were transferred or sold by the insolvent debtor for less than their fair value. This ensures that creditors receive a fair return on their investment.
Reporting Requirements: The BIA requires the receiver or trustee to provide regular reports to the court and creditors, which ensures transparency and accountability in liquidating assets.
Court Supervision: The BIA provides for court supervision of the liquidation process, which ensures that the receiver or trustee is following the law and that the process is fair and orderly.

In summary, the Canadian Bankruptcy and Insolvency Act plays a critical role in liquidating assets in both receivership and bankruptcy scenarios by providing a framework for the process, protecting creditors’ interests, and ensuring transparency and accountability.

Purpose of liquidating assets in bankruptcy

The primary purpose of liquidating assets in bankruptcy is to:

Distribute the proceeds to creditors: The goal is to collect as much money as possible from the sale of assets and distribute it among creditors, including secured and unsecured creditors, under the priority of claims.
Pay off debts: Liquidating assets helps to pay off the debts of the bankrupt individual or business, allowing them to discharge their obligations and start fresh.
Provide a fresh start: By liquidating assets and paying off debts, the bankrupt individual or business can obtain a fresh start, free from the burden of debt and the stigma of bankruptcy.
Prevent asset stripping: Liquidating assets helps to prevent asset stripping, where creditors or other parties attempt to remove or sell assets for personal gain, leaving the bankrupt individual or business with little or no assets.
Ensure Equity: Liquidating assets guarantees that all creditors receive fair and equitable treatment, as the proceeds are allocated following the established priority of claims.
Provide a mechanism for debt forgiveness: In some cases, liquidating assets can provide a mechanism for debt forgiveness, where debts are written off or reduced due to the lack of assets or the inability to recover them.
Facilitate business restructuring: In the case of a business bankruptcy, liquidating assets can facilitate restructuring and reorganization, allowing the business to continue operating and creating jobs.
Protect the public interest: Liquidating assets helps to protect the public interest by ensuring that the assets of the bankrupt individual or business are not used to perpetuate fraud or other illegal activities.
Provide a mechanism for asset recovery: Liquidating assets provides a mechanism for asset recovery, where assets that were transferred or hidden by the bankrupt individual or business can be recovered and distributed among creditors.
Ensure compliance with bankruptcy laws: Liquidating assets ensures compliance with bankruptcy laws and regulations, which helps to maintain public confidence in the bankruptcy system.

Overall, the purpose of liquidating assets in bankruptcy is to achieve a fair and orderly distribution of assets among creditors, while providing a fresh start for the bankrupt individual or business.

Liquidating Assets: Role of a Trustee in Liquidation

Duties and Responsibilities of a Trustee

As a licensed insolvency trustee, my duties and responsibilities include:

To act as a fiduciary: The licensed trustee must act in the best interests of the bankrupt individual or business, and not in their interests.
To take possession of assets: The trustee must take possession of the assets of the bankrupt individual or business, including real estate, inventory, equipment, and other assets.
To inventory and value assets: The trustee must conduct an inventory of the assets and determine their value.
To determine the priority of claims: The trustee must determine the priority of claims against the assets, including secured and unsecured creditors.
To sell or dispose of assets: The trustee must sell or dispose of assets in a fair and orderly manner, often through public auction or private sale.
To distribute proceeds: The trustee must distribute the proceeds from the sale of assets among creditors, following the priority of claims.
To manage the liquidation process: The trustee must manage the liquidation process, including hiring professionals, such as appraisers and auctioneers, and negotiating with creditors.
Regular reporting: The licensed trustee is required to furnish regular reports and updates to the court, creditors, and other stakeholders regarding the progress of the liquidation process.
To ensure compliance with laws and regulations: The trustee must ensure compliance with bankruptcy laws and regulations, as well as any applicable provincial or territorial laws.
To represent the bankrupt: The trustee represents the bankrupt individual or business when liquidating assets, including negotiating with creditors and making decisions about the sale of assets. The Trustee must do so as a prudent person, but at the same time, is representing and looking out for the rights of the unsecured creditors.
To provide a fresh start: The trustee’s role is to help the bankrupt individual or business obtain a fresh start, by liquidating assets and distributing the proceeds fairly and equitably among creditors.
To maintain confidentiality: The trustee must maintain confidentiality regarding the affairs of the bankrupt individual or business.
To act impartially: The licensed trustee must act impartially and without bias in the process of liquidating assets.
To provide a fair and orderly liquidation: The trustee must provide a fair and orderly process when liquidating assets, taking into account the interests of all stakeholders.
To ensure transparency: The trustee must ensure transparency in the liquidation process, providing regular updates and reports to stakeholders.

These duties and responsibilities are outlined in the BIA and the Bankruptcy Rules and are subject to the supervision of the court.

Trustee’s role in asset valuation and sale

The LIT plays a crucial role in the valuation and sale of assets in receivership or bankruptcy. Here are some key responsibilities:

Asset Identification: The licensed trustee is responsible for identifying all assets of the bankrupt or receiver, including real estate, inventory, equipment, vehicles, and other tangible and intangible assets.
Asset Valuation: The LIT must determine the fair market value of each asset, which may involve hiring appraisers, conducting auctions, or negotiating sales with potential buyers. The goal is to ensure that the assets are valued accurately and fairly.
Asset Classification: The licensed trustee must categorize assets into different classes, such as:
- Preserved assets: Those that are essential to the business or have significant value and should be preserved for the benefit of creditors.
- Realizable assets: Those that can be sold or liquidated to generate cash for creditors.
- Non-realizable assets: Those that have little or no value and may be abandoned or written off.
Asset Sale and Liquidation of assets: The Trustee is tasked with the responsibility of conducting asset sales for liquidating assets in a timely and efficient manner, to maximize returns for creditors. This process may include:
- Auctions: The LIT may conduct public or private auctions to sell assets to the highest bidder.
- Negotiated sales: The LIT may negotiate sales with potential buyers, taking into account the asset’s value, market conditions, and the needs of creditors.
- Private sales: The LIT may sell assets privately, often to a specific buyer or group of buyers.
Asset Disposition: The LIT must ensure that assets are disposed of under the BIA and for large debtor companies, the Companies’ Creditors Arrangement Act (CCAA), as well as any applicable provincial or territorial laws.
Reporting and Disclosure: The LIT must provide regular reports to the court, creditors, and other stakeholders on the valuation, sale, and disposition of assets, as well as any issues or challenges that arise during the process.
Compliance with Court Orders: The LIT must comply with any court orders or directions regarding the valuation and sale of assets, including any restrictions or limitations imposed by the court.

Throughout the process, the licensed trusteeNsair’s must maintain transparency, accountability, and fairness, ensuring that the valuation and sale of assets are conducted in a manner that is in the best interests of all stakeholders, including creditors, the bankrupt or receiver, and other parties involved.

Now that we have gone over the basics of the liquidation of assets in a receivership or bankruptcy context, it is time to focus on the specifics of Dr. Nsair’s personal bankruptcy case.

Significance of ATB Financial as a Major Secured Creditor *Turned Un**secured Creditor*

ATB Financial’s role as a major creditor in Dr. Nsair’s bankruptcy proceedings cannot be understated. With substantial sums at stake and implications for the overall outcome of the proceedings, the actions and decisions of ATB Financial carry significant weight in determining the resolution of the case.

In reading the Judge’s Decision, it is obvious that ATB was fuming at their loss and that the Registrar decided that Dr. Nsair fully cooperated with the Trustee and deserved an absolute discharge. It is ATB Financial that appealed the Registrar’s ruling.

Liquidating Assets: Key Details and Contention Points

The valuation disagreements surrounding these condominium units added a layer of complexity to the situation, with various parties presenting differing estimates of their worth. Marketability challenges further compounded the issue, as the aftermath of the 2020 Beirut explosion cast a shadow of uncertainty over the realizable value of these properties.

Exploring the stalemate in asset realization, it became evident that the conflicting perspectives on the condos’ marketability hindered progress in the bankruptcy process. Despite efforts to assess their sale feasibility, the uncertainty surrounding their actual value created a deadlock, impeding any meaningful progress toward creditor benefit.

As a result, the Trustee decided that it could not take the risk of attempting to sell the condominium units. The Trustee wrote to all the creditors advising them of the situation and that it was not going to take any action concerning the condominium assets. The Trustee further advised the creditors that if they wished to, they could seek the Court’s permission under section 38(1) of the BIA to take on the action of selling the condos in their name. No creditors, including ATB Financial, moved on this option.

Liquidating Assets: Introduction to Dr. Nsair’s Bankruptcy Case

As I delve into the intricate details of Dr. Nsair’s bankruptcy case, it’s essential to provide a comprehensive overview of the background and the key players involved. The case of Dr. Nsair, a dentist facing challenging financial circumstances, unfolds with significant legal implications and complexities.

Dr. Nsair’s bankruptcy situation is a focal point of this case, highlighting the struggles and obligations under the BIA of an insolvent person. The involvement of ATB Financial as a major secured creditor suffering a shortfall, adds a layer of significance to the proceedings. Approximately $1.9 million was still owed after a receivership related to dental clinics operated by Dr. Nsair and his brother. Dr. Nsair’s financial difficulties continued as he guaranteed the ATB Financial debt.

However, the argument that ATB Financial put forward for their opposition to Dr. Nsair’s bankruptcy discharge leading to the appeal of the Registrar’s ruling was they felt the bankrupt did not cooperate with the Trustee enough. ATB Financial could not articulate what else the bankrupt should have done. Just that he should have done not only more, but more than what the Trustee or ATB Financial had done.

The result of all this would be that if Dr. Nsair’s discharge from bankruptcy was upheld, then the Trustee would finish the file and obtain its discharge. The BIA states that if there is unrealized property when the Trustee gets its discharge, then subject to any further directive from the Court, the unrealized property goes back to the discharged bankrupt. That got ATB Financial’s juices flowing!

Liquidating Assets: The Registrar’s Decision and Legal Interpretations

Upon assessing Dr. Nsair’s obligations and actions in the context of his bankruptcy case, it became evident that he faced many challenges. From the looming shadow of ATB Financial, a significant now unsecured creditor seeking approximately $1.9 million, to the uncertainties surrounding the commercial condominium units in Beirut, Lebanon, owned by Dr. Nsair, the stakes were undeniably high.

The Court of King’s Bench of Alberta, in its scrutiny of Dr. Nsair’s case, highlighted the delicate balance between statutory duties and the financial condition of the parties involved. It underscored the need for a nuanced approach that considers the economic uncertainties and practical limitations inherent in such proceedings.

Section 158(k) of the BIA reads as follows:

(k) aid to the utmost of his power in the realization of his property and the distribution of the proceeds among his creditors;

Despite the challenges faced by the Trustee and creditors, the Registrar’s decision shed light on the complexities of the situation. By delving into the legal interpretations surrounding section 158(k) of the BIA and Dr. Nsair’s obligations, the decision provided clarity on the expectations placed on individuals in bankruptcy scenarios. It emphasized the importance of aligning actions with the objectives of the Bankruptcy and Insolvency Act while acknowledging the constraints faced by all parties.

Through this lens, the Registrar’s decision not only addressed the immediate concerns raised by ATB Financial but also set a precedent for future cases involving asset realization and creditors’ benefits. It highlighted the need for a pragmatic approach that considers the practicalities of the situation while upholding the principles of fairness and justice.

Liquidating Assets: Court Ruling and Implications

One of the pivotal aspects under scrutiny was Dr. Nsair’s obligation, as outlined in section 158(k) of the BIA, to facilitate the realization of his assets for the benefit of creditors. The focal point emerged around three commercial condominium units in Beirut, Lebanon, owned by Dr. Nsair. These properties, impacted by the 2020 Beirut explosion, sparked valuation disputes, with estimates varying widely. Dr. Nsair declared the asset on his sworn Statement of Affairs and provided the Trustee with complete information about them and their legal status.

The Registrar’s ruling centred on interpreting section 158(k) and assessing Dr. Nsair’s compliance with aiding in asset realization. While ATB Financial advocated for stringent measures due to perceived inaction on Dr. Nsair’s part, they could not state what else Dr. Nsair should have done. The Registrar’s decision favoured a nuanced approach. It emphasized the practical limitations and reasonable expectations aligned with the BIA’s objectives, highlighting the complexities of balancing statutory duties with economic uncertainties.

Ultimately, the Court upheld the Registrar’s decision, emphasizing that Dr. Nsair did not breach section 158(k) by refraining from actions beyond his or the Trustee’s capacity. The directive the Court can give when the Trustee seeks its discharge, if any before condos were to revert to Dr. Nsair underscores the importance of a fair evaluation of asset realization potential for the benefit of creditors.

This case underscores the intricate dynamics of bankruptcy proceedings, showcasing the delicate balance between legal obligations, practical constraints, and economic realities. It serves as a testament to the challenges inherent in navigating asset realization in bankruptcy cases, emphasizing the need for a judicious approach that considers all stakeholders’ interests.

Liquidating Assets: Lessons Learned

As I reflect on the intricate details of the bankruptcy legal process, one key aspect that stands out is the delicate balance between statutory duties and practical limitations. The case of Dr. Nsair’s bankruptcy journey shed light on the complexities involved in asset realization and the legal interpretations surrounding it.

Throughout Dr. Nsair’s legal battle, it became evident that navigating the intricacies of the BIA requires a deep understanding of one’s statutory duties while also acknowledging the practical constraints that may hinder swift resolutions. The case exemplified the challenges faced by individuals like Dr. Nsair in fulfilling their obligations to aid in asset realization for creditors’ benefits.

One of the key takeaways from Dr. Nsair’s legal ordeal is the importance of maintaining a clear line of communication and collaboration between all parties involved, including creditors, trustees, and the Court. By aligning expectations and working towards a common goal, the process of asset realization can be streamlined, ensuring a fair and equitable outcome for all stakeholders.

Liquidating Assets: FAQ

What is the role of a receiver in a receivership case?

A receiver is appointed either privately or by the court to take possession of and liquidate the assets under receivership to satisfy the obligations owed to secured creditors.

How does financial restructuring differ from bankruptcy in Canada?

Financial restructuring involves negotiating more sustainable debt terms with creditors and taking steps towards financial sustainability under court supervision, to preserve the business as a going concern. Bankruptcy, on the other hand, involves liquidating assets of the insolvent business and distributing the proceeds to unsecured creditors.

What are the key functions of insolvency laws like the BIA in Canada?

Insolvency laws like the BIA provide frameworks and processes to help minimize the impact of business insolvency on stakeholders, make the best of a bad situation, and ensure that assets of failed businesses are returned to the economy for productive purposes.

What options does an insolvent firm have under the BIA in Canada?

An insolvent firm in Canada can opt for bankruptcy to liquidate its assets and distribute proceeds to creditors, or work with creditors to restructure their debt and continue as a going concern through commercial proposal proceedings. If the firm requires an immediate stay of proceedings, it can first file a Notice of Intention To Make a Proposal. The firm may also require interim financing otherwise called DIP financing to work through the proposal process.

How does bankruptcy liquidation contribute to marketplace dynamics in Canada?

Bankruptcy liquidation helps ensure that assets of failed businesses are returned to the economy for productive purposes, contributing to marketplace dynamics and minimizing the impact of business insolvency on stakeholders.

Liquidating Assets: Conclusion

Dr. Nsair’s bankruptcy case underscores the challenges of balancing statutory duties with practical limitations in asset realization, offering valuable insights into the intricacies of bankruptcy proceedings.

I hope you enjoyed this liquidating assets 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 someone with too much personal debt.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team.

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 information provided in this Brandon’s Blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content of this Brandon’s Blog should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc. as well as any contributors to this Brandon’s Blog, do not assume any liability for any loss or damage resulting from reliance on the information provided herein.

Brandon Blog Post

LESSONS FROM THE AIDEN PLETERSKI BANKRUPTCY: OUR COMPREHENSIVE GUIDE ON A “CRYPTO KING” BANKRUPTCY DISCHARGE

Post author By Brandon Smith
Post date July 22, 2024

Background of Aiden Pleterski: The Rise and Fall of the ‘Crypto King’

Aiden Pleterski is embroiled in legal battles over alleged fraud and financial misconduct, shedding light on his extravagant lifestyle and controversial business dealings. We embark on a journey through the tumultuous life of Aiden Pleterski, a young entrepreneur who rose to fame as the self-proclaimed ‘Crypto King’ only to face allegations of fraud and deception. The details of his lavish lifestyle, questionable business practices, his legal troubles and his bankruptcy that have ensnared him have been widely reported.

On August 9, 2022, following an application by specific investors, the Ontario Superior Court of Justice (in Bankruptcy and Insolvency) issued a ruling declaring Aiden Pleterski and his company, AP Private Equity Limited, as bankrupt and naming Grant Thornton Limited, the accounting firm appointed as the licensed insolvency trustee to handle these bankruptcy cases. Subsequently, there have been instances where Mr. Pleterski has shown reluctance in cooperating with the licensed insolvency trustee responsible for overseeing the bankruptcy proceedings.

In every personal bankruptcy, the bankrupt is entitled ultimately to a discharge from bankruptcy. If there are no legal, compliance or other issues that have caused one or more of the Trustee, the Office of the Superintendent of Bankruptcy (OSB), or any of the unsecured creditors to oppose the bankrupt’s discharge, then the Trustee can issue an automatic discharge certificate. However, if there is opposition to a person’s discharge from bankruptcy, as is the case for Aiden Pleterski, then a bankruptcy discharge hearing must be held in bankruptcy court.

In this Brandon’s Blog, I look at the bankruptcy discharge process and the reasons for opposition to Aiden receiving an absolute discharge from bankruptcy.

The Allegations against Aiden Pleterski

As Ontario’s so-called ‘Crypto King’ Aiden Pleterski’s financial empire unravelled, a web of deceit, luxury, and legal battles came to light. The allegations against this once high-flying entrepreneur paint a picture of fraud, extravagant spending, and a lifestyle built on deception.

Accusations of Defrauding Investors

Between May 2020 and August 9, 2022, the bankrupt was involved in an investment scheme soliciting funds from thousands of people. One of the ways he solicited funds was by email to investors. He claimed to invest these funds in cryptocurrency and foreign exchange positions on behalf of the investors.

On July 7, 2022, a group of Aiden’s investors, with the help of a fraud recovery lawyer, obtained a worldwide Mareva injunction against both Pleterski and his company following allegations of fraudulent misrepresentation, civil fraud, misappropriation of funds, conversion, and unjust enrichment. The investors have been trying to track down what has happened to the $40-million Pleterski was given for investment by the investors. Subsequently, the bankruptcies were filed shortly after the injunction was granted.

One of the most damning accusations levelled against the ‘Crypto King’ is the defrauding of investors to the tune of millions. Through false promises of lucrative cryptocurrency investments, Aiden Pleterski allegedly lured unsuspecting individuals into entrusting him with their hard-earned money. Instead of using these funds for their intended purpose, he is said to have diverted a significant portion towards personal gain, leaving investors in financial ruin.

Revelations of Extravagant Spending and Running A Bit Of A Ponzi Scheme

While investors were led to believe their money was being wisely invested in the volatile world of cryptocurrency, revelations have emerged of Pleterski’s penchant for extravagant spending in the form of luxury purchases. Sports cars, houses for friends and family, and other high-end goods reportedly consumed a substantial portion of the funds he received. This painted a stark contrast to the promises made to investors. The reality was quite different since he surrounded himself with the trappings to look like a successful investor savvy in all financial matters.

The Trustee estimates that only 1.6% of the funds collected from the investors were invested. The Trustee’s analysis also demonstrated that Aiden Pleterski used money from new investors to pay out old investors. It further shows that for 2.5 + years, Pleterski spent approximately 38% of the total amount collected from investors to fund his expensive lifestyle, including renting a mansion in Burlington, expensive vacations, and an exotic car collection. The Trustee also confirmed that these findings were consistent with evidence Aiden Pleterski provided during an examination in bankruptcy proceedings under the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA).

Charges of Fraud and Money Laundering

Law enforcement agencies have not turned a blind eye to these alleged financial misdeeds. Charges of fraud and money laundering have been brought against the ‘Crypto King,’ signalling the gravity of the situation. As legal battles unfold, Pleterski finds himself at the center of a storm of allegations, with the full weight of the law bearing down on him.

As reported on CP24 BREAKING NEWS in Toronto and other news outlets, Hannah Alberga of CTV News Toronto obtained Court documents showing that a warrant was issued for Aiden Pleterski on May 2, 2024. On May 14, 2024, Pleterski was arrested under an arrest warrant and charged with one count of fraud exceeding $5,000 and money laundering under the Criminal Code of Canada, R.S.C., 1985, c. C-46 following a 16-month investigation by the Durham Regional Police and the Ontario Securities Commission.

That same day, Pleterski was released on bail under this large-scale fraud prosecution. His bail conditions required him to surrender his passport, avoid contacting investors, abstain from making any social media posts related to financial matters such as investments, and refrain from purchasing or trading cryptocurrencies.

Aiden Pleterski

On May 16, 2024, Durham Regional Police and the Ontario Securities Commission held a news conference in Durham Region to advise of the investigation, arrest and charges laid against Aiden Pleterski and an associate of his, Colin Murphy.

The Lavish Lifestyle of Aiden Pleterski

Pleterski withdrew crypto currency totalling USD 2,734,506

One cannot ignore the allure of Aiden’s lifestyle, filled with sports cars gleaming under the sun, exotic vacations to far-flung destinations, and a collection of high-end goods that rival those of royalty. His penchant for the finer things in life is evident in every aspect of his existence, from the lavish parties he hosts to the exclusive brands he associates himself with.

Despite the shadow of fraud allegations hanging over him, Aiden’s social media presence paints a picture of a man unfazed by legal turmoil. His posts exude a confidence that belies the financial misconduct he is accused of, showcasing a life of excess and indulgence that seems untouched by the harsh realities of legal battles.

What sets Aiden apart is not just his extravagant personal lifestyle but also his involvement in high-end businesses and his relationships with luxury brands. He moves in circles where money flows like water, rubbing shoulders with the elite and forging partnerships that elevate his status even further.

It’s a world where the line between reality and illusion blurs, where the trappings of wealth mask the turmoil beneath the surface. Aiden’s story is a cautionary tale of how easily one can be seduced by the allure of luxury, only to find themselves entangled in a web of deceit and legal challenges.

Aiden Pleterski: Bankruptcy Discharge Options

There are different kinds of discharges from the bankruptcy process. This discussion is for educational purposes only, as I don’t think Aiden Pleterski is not receiving one any time soon.

For the honest but unfortunate debtor, the range of bankruptcy discharges available are:

Absolute discharge: you are entitled to an immediate discharge;
Conditional discharge: you can obtain a discharge after fulfilling one or more conditions;
Suspension of discharge from bankruptcy – a suspended discharge from bankruptcy means that the discharge will occur at a later date set by the court, and will be combined with either an absolute bankruptcy discharge or conditional bankruptcy discharge;
Refused discharge – the court can refuse the bankrupt’s discharge due to unsatisfactory fulfillment of duties and lack of response to the Trustee’s inquiries; or
“no order” – the Trustee has advised the court that, despite the passage of time, the bankrupt has not fulfilled all of his or her duties, has failed to respond to the Trustee’s requests, and the Trustee wishes to seek its discharge.

The bankrupt’s discharge occurs when the bankrupt person has fulfilled all of their duties and any conditions set by the court as a result of a successful opposition.

The duration of a person’s bankruptcy depends on all of the above factors. Now for a discussion on Aiden Pleterski’s application for discharge from bankruptcy.

Aiden Pleterski: Legal Battles and Ongoing Investigations

The ongoing investigations have revealed a web of deceit, uncooperative behaviour, and attempts to conceal assets that paint a troubling picture of financial misconduct.

*Bankruptcy Proceeding**s and Trustee Opposition to Discharge*

The heart of the legal saga lies in the bankruptcy proceedings against Aiden Pleterski. The Trustee and the OSB have both issued Notices of Intended Opposition to Discharge under section 168.2(1) of the BIA. They cited his lack of cooperation and failure to disclose crucial financial information. Pleterski’s refusal to comply with the requirements has raised red flags, leading to a contentious battle in the courtroom.

Uncooperative Behaviour and Attempts to Conceal Assets

Despite increasing pressure, Pleterski has maintained a non-cooperative stance, with the Trustee discovering his attempts to conceal assets through various methods. From utilizing loyalty points to virtual worlds, Pleterski’s elaborate deception has complicated the task of untangling his financial matters.

As per bankruptcy documents submitted in court on behalf of the Trustee, including the Trustee’s bankruptcy report, the Trustee advised the court:

The bankrupt’s persistent non-compliance and lack of cooperation with the Trustee throughout the bankruptcy proceedings have been extensively recorded. The Trustee has had to pursue a contempt order against Aiden Pleterski on two occasions due to his conduct, leading to unnecessary administrative costs for the bankruptcy estate.
Throughout the bankruptcy process, he has consistently neglected his statutory obligations under the BIA. This encompassed a failure to disclose assets and provide crucial information to the Trustee that would aid in the realization of the individual’s assets.
Throughout the bankruptcy proceedings, the bankrupt consistently neglected to meet his legal obligations as outlined in the BIA. These obligations encompassed the omission of disclosing assets and essential information to the Trustee, which are crucial for the proper realization of the individual’s assets.
As of the present time, the bankrupt has not furnished the Trustee with the following assets or satisfactory proof of their disposition:

- - A Jacob & Co Astronomia Casino watch bought by the individual for $361,158 and reportedly sold by them in early 2022 for $150,000 in cash;
  - Crypto currency from his Binance account on March 31, 2021, and December 28, 2021;
  - USD 280,000 or more that he transferred via their Paypal account
  - $207,000 used by Aiden Pleterski on various platforms with his Scotiabank credit card;
  - Scene+ points valued at a minimum of $13,000 utilized to cover expenses for hotels and flights; and
  - Steam account s containing game items are valued at around $430,312.

Challenges in Accessing Financial Accounts and Undisclosed Income Sources

The road to uncovering the truth has been riddled with obstacles, particularly in accessing Pleterski’s financial accounts and undisclosed income sources. The Trustee has faced an uphill battle in gaining full transparency, with Pleterski’s elusive maneuvers adding layers of complexity to the investigation.

Use of Scene points to pay for *luxury hotel**s and flights – Travel to the U.K., Los Angeles, and Miami while bankrupt*

The Trustee report filed in court indicates:

Aiden Pleterski has not provided the Trustee with accurate information regarding his current Scene+ points balance, balance at the time of bankruptcy, and the origin of funds used to sustain his luxurious lifestyle following the bankruptcy declaration. Additionally, there is a lack of disclosure regarding the financing of multiple extravagant international vacations undertaken post-bankruptcy.
On June 6, 2024, the Court issued an Order mandating Pleterski to furnish the Trustee with the login credentials for all accounts associated with online asset and trading platforms such as Steam and Binance. Concurrently, the Court directed Steam to disclose any information about potential Steam accounts and Steam Skins held by the bankrupt and advised Steam to freeze access to these accounts.
On June 10, 2024, the bankrupt’s lawyer sent an email answering questions to the Trustee with Mr. Pleterski’s login details, including the email address he used, for his Binance and Steam accounts. Despite efforts, the Trustee has encountered difficulty in accessing the Binance account with the login credentials that Mr. Pleterski’s legal counsel provided.
On June 25, 2024, Steam provided the Trustee with documentation and details about the bankrupt’s Steam accounts. The disclosed information indicates that after the bankruptcy filing, Pleterski engaged in more than 100 trades and divested at least 153 Steam Skins with an estimated value of approximately $430,312.
The bankrupt had previously informed the Trustee that he had not generated any substantial income during the bankruptcy period. He submitted income and expense statements for the period of August 2022 to March 2023, indicating zero income and expenses.
Upon reviewing Pletarski’s bank statements from April to June 2024, other financial documents and other information, it has been verified that undisclosed revenue was indeed being generated during that timeframe.

Ontario’s so-called ‘Crypto King ‘ was reported to have been seeking investments as of February. Discover how a 25-year-old managed to establish a crypto kingdom empire that eventually faced downfall. Aiden Pleterski, the self-proclaimed ‘Crypto King’, has been apprehended. During a live stream in July 2023, Pleterski showcased an assortment of Steam Skins, which are prized in-game assets.

Aiden Pleterski: Bankrupt’s Application For Discharge

As indicated above, both the Trustee and the OSB have opposed Aiden Pleterski’s application for discharge from bankruptcy. The court hearing was held on July 17, 2024.

The primary goal of the BIA is to facilitate the rehabilitation of debtors facing financial hardship, while also considering the rights of creditors to receive repayment and the public’s interest in upholding the BIA’s administration.

In adjudicating discharge applications, the court is responsible for safeguarding the integrity of the bankruptcy system. The Bankruptcy Courts play a crucial role in managing the liquidation of debts, taking into account various factors surrounding the financial situation of the individual. This involves considering the needs of creditors to receive their due payments, supporting the rehabilitation of the bankrupt party, and ensuring the overall integrity of the bankruptcy system.

In assessing a bankruptcy case, the Court examines whether the individual has understood the implications of bankruptcy and taken necessary steps to prevent a recurrence of similar financial issues. In cases where the bankrupt party displays dishonesty, indifference, or misleading behaviour, the focus shifts towards protecting the interests of society, maintaining the credibility of the bankruptcy system, and addressing inappropriate conduct.

Judges hold significant discretion in making decisions related to bankruptcy cases, and their judgments are typically upheld without interference in most instances.

Factors Considered By The Court In Discharge Applications

When considering an application for discharge from bankruptcy, the Court relies on reports filed by bankruptcy trustees. It takes into account various factors to determine if the bankrupt should be granted a discharge. Some of these factors include:

Compliance with the BIA and Duties as a Bankrupt: The court examines whether the bankrupt has fulfilled their obligations under the Bankruptcy and Insolvency Act (BIA), including providing accurate financial statements, attending meetings with the Trustee, cooperating in the administration of their bankruptcy, and disclosing all their assets and liabilities.
Conduct During the Bankruptcy Period: The court considers the bankrupt’s conduct during the bankruptcy period, including any fraudulent or dishonest activities. In the case of Aiden Pleterski, the court will likely examine his undisclosed revenue generation, solicitation of additional investments, and trading activities concerning Binance and Steam items and accounts. The bankruptcy trustee asserts that Pleterski engaged in transactions totalling hundreds of thousands of dollars on the online gaming platform Steam, which he failed to disclose.
Compliance with Income and Expense Statements: Bankrupts are required to submit accurate income and expense statements during the bankruptcy period. Any discrepancies or intentional misrepresentation of these statements can adversely affect the discharge application.
Cooperation with the Trustee and OSB: The court evaluates the bankrupt’s level of cooperation with the Trustee and the OSB. Failure to provide requested information or obstruction of the bankruptcy process may impact the discharge decision.
Payment of Surplus Income Obligations: If the bankrupt is required to make surplus income payments during the bankruptcy period, timely and consistent payments are crucial in assessing their eligibility for discharge.
Rehabilitation and Financial Recovery: The court considers whether the bankrupt has made efforts towards rehabilitation and financial recovery, such as obtaining gainful employment, reducing debts, and ensuring future financial stability.
Creditor Objections: Creditors also have the opportunity to present objections to the discharge application, indicating any concerns about the bankrupt’s conduct or repayment history.

The Impact of a Discharge and will Aiden Pleterski ever get one?

In general, when the court grants a discharge, it relieves the bankrupt from their debts, with some exceptions outlined in the BIA. It also signifies the end of the bankruptcy process and allows the individual to make a fresh start financially. However, if the discharge is not granted, the bankrupt remains liable for their debts and is subject to whatever sanctions the Court imposes.

In an opposed bankrupt’s application for discharge, such as the Aiden Pleterski case, bankruptcy trustees initially file a report on the bankrupt’s application for discharge. Then when it is close to the date the Court will hear the matter, bankruptcy trustees file a supplementary report on the bankrupt’s application for discharge.

Facts submitted by the Trustee against an absolute discharge

The Trustee raised the following points as facts the Court could rely upon in not granting a discharge from bankruptcy to Aiden Pleterski at this time:

the assets of the bankrupt are not valued at fifty cents on the dollar of the unsecured liabilities owed, due to circumstances for which the bankrupt can be justly held responsible as per section 173(1)(a) of the BIA;
the bankrupt did not effectively manage and provide detailed documentation of their personal and business financial records for the three years leading up to their bankruptcy filing according to section 173(1)(b) of the BIA;
the bankrupt did not provide a satisfactory explanation for the loss of assets or for any shortfall in assets to cover his liabilities, as required by BIA section 173(1)(d);
the bankruptcy was caused and worsened by excessive spending on luxurious items, such as owning over 10 high-end sports cars, maintaining a monthly living expense of around $45,000 for a mansion, frequent use of private jets, and engaging in risky and irresponsible business practices. These actions are considered unjustifiable and have significantly contributed to the financial downfall leading to bankruptcy (BIA section 173(1)(e)); and
the bankrupt did not fulfill several responsibilities required of him under the BIA. This includes a failure to cooperate and aid the Trustee in examining his financial matters as outlined in section 158 s.173(1)(o) of the BIA.

In the Aiden Pleterski bankruptcy case, the Trustee has recommended that the bankrupt’s application for discharge be refused. The Trustee further submitted to the Court that if it is not inclined to refuse the application for discharge, then both a suspension and conditions are appropriate in the circumstances.

The Trustee also advised the Court that if it was not inclined to refuse the bankrupt’s application for discharge, then it should both be suspended for two years and there should be the following conditions imposed:

Submit a payment of $4,539,803 to the Trustee, which includes the total value of a gaming platform account, Scotiabank funds, and PayPal funds.
Make a payment to the Trustee equivalent to 30% of proven claims in the estate. The unsecured claims filed in the estate to date total $30,473,879 and the Trustee has so far only recovered a total of $5,635,461.
File all income tax returns, both pre and post-bankruptcy and settle any income tax obligations resulting from post-bankruptcy filings.
Provide the Trustee with login credentials for all accounts on platforms such as Steam and Binance, as well as any other online asset and trading platforms.
Ensure completion of all outstanding income and expense statements.
Agree to a permanent prohibition on seeking or using unsecured credit, as well as soliciting investments in debt or equity from individuals, corporations, or non-institutional lenders.
Provide a written undertaking to abide by these restrictions.
Aiden Pleterski

Aiden Pleterski Application For Bankruptcy Discharge: The Court’s Decision

The judge hearing the bankrupt’s application for discharge reserved his decision. On July 18, 2024, the Court released the decision by Justice Black regarding the bankruptcy application for discharge filed by Aiden Pleterski, who has been in bankruptcy for nearly two years. Justice Black determined that Mr. Pleterski’s actions necessitate a focus on public protection and accountability.

Furthermore, Justice Black explained that denying the discharge at this juncture, while awaiting the outcome of the ongoing criminal prosecution, would enable the Court to consider the results of the criminal case in making an informed decision regarding Mr. Pleterski’s application for discharge from bankruptcy. So Aiden Pleterski remains an undischarged bankrupt and cannot bring back his application for discharge from bankruptcy until his criminal trial is completed.

Aiden Pleterski Conclusion

Aiden Pleterski’s bankruptcy case may be extreme, but it is not unusual in the world of opposed bankruptcy discharge hearings. It serves as a reminder of the importance of adherence to the rules and responsibilities outlined in the BIA. The Court will carefully evaluate his application for discharge, taking into account factors such as compliance, conduct, and cooperation during the bankruptcy period, as well as the concerns raised by the Trustee and creditors.

Regardless of the outcome, this case underscores the need for transparency, honesty, and good faith engagement in the bankruptcy process to achieve a successful discharge and pave the way for a brighter financial future.

I hope you enjoyed Aiden Pleterski 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 someone with too much personal debt.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team.

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 information provided in this Brandon’s Blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content of this Brandon’s Blog should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc. as well as any contributors to this Brandon’s Blog, do not assume any liability for any loss or damage resulting from reliance on the information provided herein.

Tags $40-million Pleterski, 16-month investigation, aiden pleterski, bankrupt's application for discharge, bankruptcy proceedings, CP24 BREAKING NEWS, crypto currency, Crypto King, CTV News, Durham Regional Police, form of luxury purchases, large-scale fraud prosecution, lavish lifestyle, money laundering, Ontario Securities Commission, self-proclaimed 'Crypto King, Steam accounts, Steam Skins

Brandon Blog Post

YOU’RE RICHER THAN YOU THINK: CULTIVATING HEALTHY FINANCIAL HABITS TO OVERCOME MONEY DYSMORPHIA

Post author By Brandon Smith
Post date July 15, 2024

you're richer than you think

You’re Richer Than You Think: What Is Money Dysmorphia?

You’re richer than you think is a slogan used by The Bank of Nova Scotia for its ScotiaBank consumer financial products advertisements. It is normal for Canadians to be concerned about their finances and whether they will have enough to pay bills, pay for their children’s education and save for retirement. Many times we feel that we won’t have enough. That is all normal. But sometimes, the rational can become irrational.

In the present era of digital advancements, social media has emerged as a major contributor to the exacerbation of money dysmorphia, particularly affecting Generation Z and millennials. This irrational unease regarding one’s financial status can result in feelings of inadequacy and financial strain. Here, we explore expert advice on reclaiming command over your financial health.

In this Brandon’s Blog, I discuss how money dysmorphia, influenced by social media comparisons, leads to financial stress. Overcoming it requires setting clear goals, seeking professional guidance, and cultivating healthy financial habits. The reality is, for most people, you’re richer than you think.

Definition of money dysmorphia

Money dysmorphia is a term that resonates deeply in today’s society. It is a psychological condition characterized by the irrational anxiety individuals experience about their financial status. Money dysmorphia can be felt by anyone, regardless of their actual wealth or income. The effects of this phenomenon are very detrimental.

Money dysmorphia is a distorted perception of one’s financial situation. Individuals with money dysmorphia may experience intense feelings of inadequacy or dissatisfaction with their financial status. This condition can lead to compulsive spending, hoarding, or other maladaptive behaviours related to money management.

Individuals with money dysmorphia may also have difficulty accurately assessing their financial resources and may engage in risky financial decisions as a result. It is important for individuals experiencing symptoms of money dysmorphia to seek professional help. Financial therapy, behavioural therapy or financial counselling, to address and manage their symptoms effectively are all avenues to consider to get help.

Who is affected by money dysmorphia?

Money dysmorphia can affect individuals from all walks of life, regardless of their socioeconomic status. It creates a significant impact on their financial well-being, relationships, and overall quality of life. While anyone can be susceptible to money dysmorphia, certain factors such as childhood experiences, societal pressures, and personal insecurities may increase the likelihood of developing this disorder.

The FP Canada’s 2024 Financial Stress Index, reveal a concerning trend of heightened financial worries, particularly among younger demographics like Generation Z and millennials. Factors like rising inflation, escalating housing costs, and the overall economic landscape contribute to this growing sense of financial insecurity. A study by Credit Karma shows similar results.

You’re Richer Than You Think: Causes of money dysmorphia

The causes of money dysmorphia can be complex and multifaceted, but some potential contributing factors include:

Cultural and societal influences

Societal pressure to consume and keep up with material possessions can contribute to an unhealthy relationship with money.
Limited understanding of personal finance and money management can lead to feelings of uncertainty and anxiety.
Exposure to social media may foster unrealistic expectations and comparisons, potentially resulting in feelings of inadequacy and discontentment with one’s financial circumstances.
Environmental factors such as poverty, economic instability, or financial insecurity can contribute to money dysmorphia.

Personal experiences and traumas

Childhood experiences of financial stress, poverty, or neglect can lead to a distorted relationship with money.
.Chronic financial stress can lead to feelings of anxiety, guilt, and shame.
Family members’ financial behaviour, attitudes, and values can influence an individual’s relationship with money.
Major life events, such as job loss, divorce, or illness, have the potential to trigger or worsen distortions in perception and reality.
Limited financial literacy can lead to feelings of uncertainty and anxiety.
Low self-esteem or self-worth can lead to an unhealthy relationship with money, as individuals may use money as a means to compensate for feelings of inadequacy.

Mental health conditions

Various mental health conditions, including anxiety, depression, and obsessive-compulsive disorder, have been identified as potential factors contributing to the development of unhealthy attitudes towards money. An individual’s values and beliefs regarding financial matters, such as the perceived importance of material possessions or the necessity of saving, can significantly influence their relationship with money.

Research indicates a possible correlation between these attitudes and abnormalities in brain regions associated with emotional processing, such as the anterior cingulate cortex. Additionally, specific personality traits like perfectionism, rigidity, or impulsivity may heighten one’s susceptibility to developing problematic financial behaviours.

Setting unrealistic or unattainable financial objectives can lead to feelings of frustration and disappointment, ultimately exacerbating the condition known as money dysmorphia.

It’s essential to note that money dysmorphia is a complex condition, and multiple factors may contribute to its development. If you’re struggling with money dysmorphia, it’s crucial to seek professional help from a mental health expert or a financial advisor to address the underlying issues and develop a healthier relationship with money.

The comparison trap on social media platforms has become a prevalent issue, especially among younger generations like Generation Z and millennials.

When scrolling through social media feeds, it’s easy to fall into the trap of comparing one’s financial status to the seemingly perfect lives portrayed online. This constant exposure to curated content can fuel feelings of inadequacy and financial stress, creating a flawed perception of reality.

Social media is pivotal in perpetuating financial insecurities, creating a platform where comparisons run rampant. The carefully curated highlight reels and seemingly flawless lives showcased on social platforms can distort perceptions of reality, leading individuals to question their financial standing. This constant exposure to unrealistic standards can fuel feelings of inadequacy and breed a culture of comparison.

It is imperative to comprehend the impact of social media on shaping financial attitudes and behaviours in addressing issues related to money dysmorphia. Acknowledging that online depictions often present a curated and exaggerated representation of reality enables individuals to liberate themselves from the comparison trap. It is essential to foster a mindset that prioritizes personal growth over seeking external approval, concentrating on individual financial objectives and ambitions rather than external standards.

You’re Richer Than You Think: Who is most affected by money dysmorphia?

Money dysmorphia, also known as financial anxiety disorder, can affect anyone who has a distorted perception of money and financial reality. However, certain groups may be more prone to experiencing money dysmorphia due to various factors.

Young adults and millennials

People in their 20s and 30s may be more susceptible to money dysmorphia. Let’s explore these and other factors more closely:

Career establishment: This age group is often in the process of establishing their careers, which can be a significant source of stress. The pressure to secure a job, climb the corporate ladder, and achieve professional success can lead to financial anxiety and a distorted view of money.
Student loan debt: Many individuals in this age group are still paying off student loans, which can be a significant financial burden. The pressure to manage debt, make timely payments, and avoid default can contribute to financial stress and anxiety.
Building a financial foundation: This age group is often expected to establish a financial foundation, including building an emergency fund, paying off debt, and starting to save for retirement. The pressure to achieve these financial milestones can lead to feelings of inadequacy and financial anxiety.
The impact of social media: Platforms such as Instagram and Facebook frequently portray the idealized lives of others, complete with their financial achievements. This can cultivate unattainable standards and feelings of inadequacy, prompting financial distress and a distorted perception of wealth.
Changing financial priorities: As people enter their 20s and 30s, their financial priorities often shift from living expenses to long-term goals, such as buying a home, starting a family, or achieving financial independence. This shift can be overwhelming and lead to financial anxiety.
Growing financial commitments: As individuals transition into their 20s and 30s, they often assume additional financial obligations, which may include providing for dependents, covering healthcare expenses, and overseeing household finances. These augmented financial responsibilities can lead to heightened levels of financial strain and anxiety.
Insufficient financial education: Individuals within this demographic may have not been equipped with sufficient financial education or guidance, resulting in feelings of uncertainty and anxiety regarding their financial status.
Social comparison pressure: The societal expectation to align with the lifestyles of peers, coworkers, and social media figures can result in sentiments of insufficiency and economic distress. Individuals may perceive a need to conform to current fashions, acquire the latest technologies, or engage in extravagant travel experiences to uphold a desired social standing.
The phenomenon known as the fear of missing out (FOMO): Pertains to apprehensions about missing out on financial prospects, career advancements, or life experiences, which can give rise to financial stress and a skewed perspective on money.
Lack of financial self-assurance: Individuals in their 20s and 30s may exhibit a lack of financial self-assurance, leading to feelings of doubt and anxiety regarding their financial circumstances.

Individuals with low self-esteem or a history of a history of trauma

Individuals with low self-esteem or a history of trauma may be more susceptible to money dysmorphia due to the following reasons:

Negative self-talk: People with low self-esteem may have a negative inner dialogue that can manifest in their financial decisions. They may believe they are not worthy of financial success or that they don’t deserve to have money. This negative self-talk can lead to financial anxiety, fear, and a distorted view of money.
Fear of rejection: Individuals with a history of trauma may have a deep-seated fear of rejection, which can manifest in their financial decisions. They may be overly cautious with their finances, hoarding money or avoiding financial risks, due to a fear of being rejected or abandoned.
Low self-esteem: Individuals who have experienced trauma may encounter challenges related to shame, guilt, and self-blame, resulting in diminished self-worth. This may influence their financial behaviour, as they may perceive themselves as undeserving of wealth or lacking in worthiness to attain financial prosperity.
Hyper-vigilance: Individuals with a history of trauma may be in a state of hyper-vigilance, always on the lookout for potential threats or dangers. This can manifest in their financial decisions, as they may be overly cautious or risk-averse, leading to a distorted view of money.
Challenges with establishing boundaries: Individuals who have experienced trauma may encounter difficulties in setting and upholding appropriate boundaries, potentially impacting their financial well-being. They may find it challenging to assertively decline financial demands or regulate their expenses, resulting in heightened financial strain and distress.
Emotional regulation: Individuals with low self-esteem or a history of trauma may struggle with emotional regulation, leading to intense emotional responses to financial stress or anxiety. This can lead to impulsive financial decisions or a distorted view of money.
Fear of loss: Trauma survivors may have a deep-seated fear of loss, which can manifest in their financial decisions. They may be overly attached to their money or possessions, leading to a distorted view of money and financial anxiety.
Difficulty with self-care: Individuals with low self-esteem or a history of trauma may struggle with self-care, including taking care of their physical and emotional needs. This can lead to financial decisions that prioritize others’ needs over their own, leading to financial stress and anxiety.
Lack of financial education: Trauma survivors may have a lack of financial education or guidance, leading to financial anxiety and a distorted view of money.
Individuals with a history of trauma or low self-esteem: Such people may encounter challenges with trust, which can extend to trusting themselves, others, or financial institutions. This difficulty may result in financial choices influenced by fear or mistrust, rather than logical decision-making.

Those with a history of financial difficulties

People with a history of financial difficulties may be more prone to money dysmorphia due to the following reasons:

Fear of financial instability: Individuals who have experienced financial difficulties in the past may be more anxious about their financial situation and more likely to develop a distorted view of money.
Trauma and stress: Financial difficulties can be a traumatic experience, leading to stress, anxiety, and feelings of shame or guilt. This trauma can lead to a distorted view of money and a fear of financial instability.
Lack of financial confidence: Individuals who have faced financial challenges, possibly due to past poor decisions, may experience a lack of confidence in their financial management capabilities. This can result in a skewed perception of money and a heightened fear of making further financial errors.
Fear of debt: Individuals who have struggled with debt may be more anxious about debt and more likely to develop a distorted view of money.
Fear of financial loss: People who have experienced financial loss, such as a job loss or a financial setback, may be more anxious about financial loss and more likely to develop a distorted view of money.
Difficulty with financial planning: Individuals who have struggled with financial difficulties may have difficulty planning for the future, leading to a distorted view of money and a fear of financial instability.
Fear of financial judgment: People who have struggled with financial difficulties may fear being judged by others for their financial situation, leading to a distorted view of money and a fear of financial instability.
Difficulty with financial decision-making: Individuals who have struggled with financial difficulties due to having made poor decisions in the past may have difficulty making financial decisions, leading to a distorted view of money and a fear of financial instability.
Fear of financial vulnerability: People who have struggled with financial difficulties may fear being vulnerable to financial exploitation or taking financial risks, leading to a distorted view of money and a fear of financial instability.
Difficulty with financial forgiveness: Individuals who have struggled with financial difficulties may have difficulty forgiving themselves for past financial mistakes, leading to a distorted view of money and a fear of financial instability.

It is crucial to acknowledge that money dysmorphia can serve as a symptom of deeper financial trauma or challenges. Engaging with professional support, such as therapy or financial counselling, offers an effective approach to addressing these underlying issues and cultivating a more positive relationship with finances.

You’re Richer Than You Think: How money dysmorphia affects financial habits

Overspending and impulse buying

Excessive spending and impulsive purchasing are prevalent outcomes of financial dysmorphia. The subsequent delineation illustrates how financial dysmorphia may precipitate increased expenditure and impulsive buying behaviour:

Overspending:

Compensatory spending: Individuals with money dysmorphia may overspend as a way to compensate for perceived financial shortcomings or to alleviate feelings of financial anxiety.
Emotional spending: A phenomenon that involves individuals turning to shopping as a coping mechanism for managing negative emotions like stress, anxiety, or boredom.
Keeping up appearances: Money dysmorphia can lead to a desire to keep up appearances, which can result in overspending on luxuries or status symbols.
Fear of financial loss: Individuals with money dysmorphia may overspend as a way to avoid feelings of financial loss or to maintain a sense of financial security.
Lack of financial boundaries: Money dysmorphia can lead to a lack of financial boundaries, making it difficult for individuals to say no to financial requests or to prioritize their own financial needs.

Impulse buying:

Emotional triggers: Money dysmorphia can lead to emotional triggers, such as stress, anxiety, or boredom, which can cause individuals to make impulsive financial decisions.
Lack of self-control: Individuals with money dysmorphia may struggle with self-control, leading to impulsive buying decisions.
Fear of missing out (FOMO): Money dysmorphia can lead to FOMO, causing individuals to make impulsive buying decisions to avoid feeling left out or to keep up with others.
Inadequate financial planning: The presence of money dysmorphia may result in a deficiency in financial planning, creating challenges for individuals in effectively prioritizing their financial objectives or making well-informed financial choices.

Hoarding and fear of spending

Hoarding and fear of spending are common consequences of money dysmorphia. Here are some ways in which money dysmorphia can lead to hoarding and fear of spending:

Hoarding:

Fear of financial loss: Individuals with money dysmorphia may hoard money or resources as a way to avoid feelings of financial loss or to maintain a sense of financial security.
Fear of scarcity: Hoarding can be a response to a perceived scarcity of resources, leading individuals to accumulate and hoard as a way to ensure their financial survival.
Emotional attachment: Money dysmorphia can lead to an emotional attachment to money or resources, making it difficult for individuals to part with them.
Fear of financial vulnerability: Hoarding can be a way to avoid feelings of financial vulnerability, as individuals may feel that by accumulating and hoarding, they are protecting themselves from financial uncertainty.
Lack of financial planning: Hoarding can be a result of a lack of financial planning, as individuals may not have a clear understanding of their financial needs or goals.

Fear of spending:

Fear of financial loss: Individuals with money dysmorphia may fear spending as a way to avoid feelings of financial loss or to maintain a sense of financial security.
Fear of financial vulnerability: Fear of spending can be a way to avoid feelings of financial vulnerability, as individuals may feel that by not spending, they are protecting themselves from financial uncertainty.
Fear of debt: Fear of spending can be a result of a fear of debt, as individuals may feel that by not spending, they are avoiding debt and financial obligations.
Fear of financial judgment: Fear of spending can be a result of a fear of financial judgment, as individuals may feel that by not spending, they are avoiding criticism or judgment from others.
Lack of financial confidence: Fear of spending can be a result of a lack of financial confidence, as individuals may feel that they are not financially prepared or capable of making financial decisions.

Constant comparison and dissatisfaction

Money dysmorphia can lead to constant comparison and dissatisfaction in several ways:

Unrealistic expectations: Money dysmorphia can create unrealistic expectations about what one should have or be able to afford. This can lead to constant comparison with others who seem to have more or better things.
Focus on material possessions: Money dysmorphia can lead to a focus on material possessions as a measure of financial stability or happiness. This can lead to constant comparison with others who have more or better possessions.
Fear of missing out (FOMO): Money dysmorphia can create a sense of FOMO, where one feels like they are missing out on experiences or opportunities because they don’t have enough money.
Perfectionism: Money dysmorphia can lead to perfectionism, where one feels like they need to have the perfect job, the perfect partner, the perfect home, etc. This can lead to constant comparison with others who seem to have it all together.
Lack of self-acceptance: Money dysmorphia can lead to a lack of self-acceptance, where one feels like they are not good enough or worthy of happiness because of their financial situation.
Comparison to others’ highlight reels: Social media can create a false sense of reality, where one compares their life to the highlight reels of others. This can lead to constant dissatisfaction and comparison. Fear of being judged: Money dysmorphia can create a fear of being judged by others for one’s financial situation. This can lead to constant comparison and dissatisfaction.
Unrealistic standards: Money dysmorphia can create unrealistic standards for oneself and others. This can lead to constant comparison and dissatisfaction.
Lack of gratitude: Money dysmorphia can lead to a lack of gratitude for what one already has. This can lead to constant comparison and dissatisfaction.
Constant striving: Money dysmorphia can create a constant sense of striving for more, which can lead to constant comparison and dissatisfaction.

You’re Richer Than You Think: Strategies to Overcome Money Dysmorphia

Navigating the intricacies of money dysmorphia and its implications on financial wellness underscores the importance of establishing clear financial objectives. Setting tangible goals and monitoring their progress serves as a foundational element in regaining a sense of agency in managing one’s finances. This proactive strategy not only cultivates empowerment but also nurtures a positive rapport with money, facilitating a more informed understanding of one’s financial standing.

Here are some practical strategies that you can use to maintain a healthy relationship with money and your financial needs:

Build financial literacy

Financial literacy plays a vital role in addressing money-related challenges and fostering financial empowerment. Elevating one’s understanding of personal finance, seeking guidance from financial experts, and engaging in constructive dialogues about financial matters are fundamental steps in establishing a strong financial footing. By arming oneself with the requisite knowledge and skills, individuals can make well-informed decisions and confidently navigate the financial landscape.

Financial literacy and planning are indispensable components of effective money management and ensuring a secure financial future. In the contemporary, fast-paced environment where social media can influence our perceptions of wealth and success, it is imperative to educate ourselves on personal finance and cultivate sound financial practices for sustained prosperity.

Self-education on personal finance serves as a potent tool in addressing money-related anxieties, including money dysmorphia, which refers to the irrational distress individuals experience about their financial standing, often exacerbated by comparisons with others.

Seek professional help

In the face of societal pressures and financial uncertainties, it is essential to seek guidance from reliable sources. Engaging in candid discussions regarding financial worries with trusted individuals such as family, friends, or financial experts can provide valuable advice and direction. Building a supportive network can empower individuals to confront financial obstacles with resilience and determination.

Consulting with financial planners and advisors can offer specialized insights and expertise for navigating the intricacies of personal finance. These professionals can offer a realistic assessment of one’s financial standing, identify areas for enhancement, and devise a roadmap toward financial security. By leveraging their proficiency and experience, informed decisions can be made to bolster long-term financial well-being.

Create a monthly budget

A critical aspect of addressing financial challenges such as money dysmorphia involves establishing clear financial objectives that align with our fundamental values. This process commences with a thorough assessment of our monthly income and expenses, followed by the development of a financial strategy that ensures our expenditures do not exceed our earnings.

By articulating our financial aspirations in harmony with our core principles, we can construct a comprehensive framework that informs our financial decisions and behaviours. Whether our objectives involve saving for a significant trip, purchasing a property, or investing in further education, linking our financial goals with our values instills a sense of purpose and direction.

Effective budgeting relies on the diligent tracking of income and expenses. By monitoring the sources of our monthly income, as well as our expenditures and their destinations, we can gain valuable insights into our spending patterns and identify opportunities to reduce expenses or enhance savings. Formulating and adhering to a budget fosters accountability and empowers us to progress toward our financial objectives, whether they are short-term initiatives like saving for a vacation or longer-term goals.

You’re Richer Than You Think: Conclusion

Money dysmorphia, influenced by social media comparisons, leads to financial stress. Overcoming it requires setting clear goals, seeking professional guidance, and cultivating healthy financial habits.

I hope you enjoyed this you’re richer than you think 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 someone with too much personal debt.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team.

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 information provided in this Brandon’s Blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content of this Brandon’s Blog should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc. as well as any contributors to this Brandon’s Blog, do not assume any liability for any loss or damage resulting from reliance on the information provided herein.

Brandon Blog Post

IF YOU DECLARE BANKRUPTCY WHAT HAPPENS? A COMPREHENSIVE OVERVIEW

Post author By Brandon Smith
Post date July 8, 2024

if you declare bankruptcy what happens

If You Declare Bankruptcy What Happens? Introduction to Financial Hardships

In life, we often face unexpected challenges that test our resilience and determination. Such is the experience of people we help who have encountered financial hardships due to an unforeseen event outside of their control such as job loss. The burden of mounting debts and looming financial uncertainty weighs heavily on people, pushing them to explore solutions that would lead them toward a path of financial recovery.

That is who we help – the honest but unfortunate debtor. Dealing with financial hardships is a journey that tests our resilience and determination. It’s a path filled with unexpected twists and turns, challenging us to find the strength within ourselves to overcome the obstacles that come our way.

People with financial difficulties, particularly in the face of job loss, credit card debts, income tax debts and the contemplation of bankruptcy, learn valuable lessons about financial recovery, overcoming challenges, and the empowerment that comes from taking control of your financial future. That and if you declare bankruptcy what happens, is what this Brandon’s Blog is about.

Impact of That Unforeseen Event Outside Of Your Control On Your Financial Situation

The impact of that uncontrollable event such as losing your job goes beyond just the loss of income. It disrupts the stability we have worked so hard to build, leaving us feeling vulnerable and uncertain about the future. When someone becomes unemployed, they struggle to make ends meet, juggling bills and expenses with a limited budget. The stress and anxiety that come with financial insecurity can be overwhelming, but it’s during these challenging times that we discover our inner strength and resilience.

Struggles with Credit Card Payments and Bills

One of the most daunting aspects of financial hardships is the burden of credit card payments and bills that seem to pile up with each passing day. People find themselves caught in a cycle of debt, where the minimum payments barely make a dent in the overall balance. The constant worry about falling behind on payments and the fear of accumulating more debt can weigh heavily on our minds, affecting our peace of mind and overall well-being.

Considering Bankruptcy as a Viable Option

When individuals are confronted with substantial debt and limited solutions, the prospect of bankruptcy may arise as a challenging but potentially necessary step toward financial recovery. In my capacity as a licensed insolvency trustee (formerly known as a bankruptcy trustee), I assist individuals through a process of thorough research and consultation. My role involves guiding and comprehending the bankruptcy process, and its ramifications and exploring viable alternatives to bankruptcy. Opting for bankruptcy is a significant decision that individuals are supported in making through a careful evaluation of their financial circumstances, prospects, and personal aspirations.

Throughout the bankruptcy process, the individuals I work with gain invaluable insights into financial empowerment and the importance of seeking assistance when encountering financial challenges. While bankruptcy may lead to temporary implications on one’s credit rating, it also presents an opportunity for a fresh start and the possibility to rebuild a secure financial foundation. Engaging in the bankruptcy process fosters financial resilience and enhances individuals’ ability to navigate future financial decisions effectively.

If You Declare Bankruptcy What Happens? Exploring Options: The Role of Licensed Insolvency Trustees

A journey towards financial recovery will lead you to a consultation with a licensed insolvency trustee. This no-cost initial consultation will become a guiding light offering insights and solutions to your financial challenges.

Engaging in consultations with a licensed insolvency trustee marks a crucial juncture in your financial path. Our proficiency and empathy equip debtors to comprehend the various solutions at their disposal and make well-informed choices regarding their financial destiny. By engaging in transparent and candid dialogues, you acquire the requisite insight to navigate the intricate bankruptcy process with strength and resolve.

In your journey towards your financial empowerment, the Trustee serves as a pivotal figure in facilitating the bankruptcy application process with the Office of the Superintendent of Bankruptcy Canada (OSB) and guiding you every step of the way. By taking this initial step, you are relieved of the responsibility of making direct payments to unsecured creditors and are granted a stay of proceedings, preventing creditors from initiating or pursuing collection or legal actions against you. This offers a sense of comfort and security, shielding you from additional financial pressures.

Despite the challenges you may be facing, you will find solace in knowing that certain assets may be safeguarded by provincial and federal laws, ensuring a measure of stability during this turbulent time. The Trustee’s guidance on surplus income payments, credit counselling sessions and debt repayment strategies instills a sense of discipline, confidence and commitment toward overcoming financial obstacles.

While the journey toward financial recovery may have its hurdles, the Trustee reassures you that every step taken will lead you closer to a brighter future. Though some people may have a narrow category of debts that may not be discharged, the prospect of rebuilding your financial foundation fills you with hope and optimism.

Through this experience, will learn that resilience in finance is not just about overcoming challenges but also about embracing the opportunity for growth and renewal. As you navigate through the bankruptcy process support provided by the Trustee paves the way for a new beginning filled with hope and possibilities.

If You Declare Bankruptcy What Happens? What is bankruptcy?

Definition of bankruptcy

Canadian bankruptcy is a legal process where an individual, a business or a company declares they are insolvent and are unable to meet their financial obligations. They work with a licensed insolvency trustee to legally file an assignment in bankruptcy. They do so to assign their unencumbered assets to the Trustee and get relief from their overwhelming debt load.

Laws governing bankruptcy in Canada

Navigating the intricate realm of bankruptcy in Canada is a dance choreographed by the Bankruptcy and Insolvency Act (Canada) (BIA). This piece of legislation orchestrates the delicate balance between debtors, creditors, and Trustees, each playing a unique role in the bankruptcy waltz.

When a debtor takes the courageous step of filing for bankruptcy, they are required to bear their financial soul to the Trustee, laying out their assets, liabilities, and monetary intricacies. The Trustee, like a wise conductor, then ensures a harmonious distribution of the debtor’s assets among their creditors, aiming to untangle the financial web that binds them.

For individuals, bankruptcy offers a chance at rebirth, a fresh canvas on which to paint a new financial future. However, for a company or business, it may signify the final curtain call for that legal entity. Yet, there exists a glimmer of hope in the form of selling core assets to a willing successor, potentially salvaging jobs and keeping the business flame alive.

In this intricate ballet of financial redemption, the Bankruptcy and Insolvency Act stands as the maestro, guiding the players toward a resolution that seeks to balance the scales of financial responsibility.

If You Declare Bankruptcy What Happens? Who qualifies for bankruptcy?

Criteria for qualifying for bankruptcy

In Canada, debtors facing significant debt challenges and unable to meet their financial obligations to creditors may be eligible for bankruptcy relief. To qualify for bankruptcy, debtors must have a minimum of $1,000 in unsecured debt and have been residing in Canada for at least the previous six months before filing, or have a substantial connection to the country.

Alternatives to bankruptcy – Individuals

Depending on how pressing the person’s debts are, there are several alternatives to personal bankruptcy that a licensed insolvency trustee can walk you through. The most common alternatives are:

Credit counselling and budgeting assistance: Sometimes people just need help understanding where their family income comes from and how it is spent. In cases like this, going to a non-profit credit counselling service to get some tips and help in developing a monthly household budget and sticking to it is all that is necessary for the household to get back on track.
Debt consolidation: If you still can borrow money at a rate lower than the amounts you are currently being charged on high-interest-rate credit cards and payday loans, you need to look at debt consolidation. Rather than having several to many high-rate debts, if you can borrow the total amount of your debt from a bank or credit union at a much lower rate than you are currently paying and use that new loan to pay off your high-interest rate debts, that will help immensely. Now you have one lower interest rate loan to repay.
Consumer proposal: A consumer proposal is a formal filing under the BIA, however, it is not bankruptcy. It is where you make a contract with your creditors to pay less than you owe in total. It is based on your monthly income, to offer making monthly payments to the Trustee towards your debt. Normally you pay around 25% of your total debt to the Trustee. If your creditors agree, you can take up to 60 months to complete a consumer proposal. When you have finished making your payments, you get a Certificate of Full Performance and the balance of your debt is wiped away.

Alternatives to bankruptcy – Companies

Asset sales: Are there underused or redundant assets in the company that could be sold to raise needed cash to significantly reduce or eliminate corporate debt? This should first be explored.
Refinancing: Can the company refinance to take advantage of a loan opportunity that will help with its cash flow through lower interest, monthly payments or both? Retiring expensive debt and replacing it with more manageable debt is another avenue to explore.
Formal restructuring – BIA Proposal: Companies that have a viable but insolvent business can look at a formal restructuring. Although it is an alternative to avoid bankruptcy, it is commonly referred to as bankruptcy protection. A proposal under the BIA is where the company can negotiate with creditors to come up with a plan to repay its debts over some timeperiod of time. Just like in a consumer proposal, the company pays less than 100% of its debt load, but upon completion, eliminates all of its unsecured debt.
Formal restructuring – Companies’ Creditors Arrangement Act (CCAA): Companies that owe $5 million or more can also restructure as long as they have a viable business. The CCAA allows a company to restructure its debts and business operations under the supervision of a court-appointed monitor. It is essentially the same as a BIA Proposal, but just under a different Canadian statute.
A BIA Proposal and a CCAA restructuring a similar processes you always hear under the US bankruptcy law of bankruptcy chapter 11.

If You Declare Bankruptcy What happens to your assets, debts, and income during bankruptcy?

Going through a financial crisis can be incredibly challenging, but it’s important to remember that there is always a way forward. The people we help who go through the bankruptcy process are a testament to the resilience in finance and the power of financial empowerment as they use bankruptcy to turn their lives around.

Treatment of assets in bankruptcy

One of the concerns people have when considering bankruptcy is what happens to their assets. When someone goes bankrupt, they may not have to give up all of their assets. Let me explain as follows:

Secured debts: When you have assets where there are secured loans against those assets, such as a house or a motor vehicle, the Trustee’s interest is only the bankrupt’s equity in that asset. If there is little or no equity, and your monthly budget shows that you can afford to make the monthly loan payments and you wish to keep the asset, then you can do so. The Trustee will discuss with you ways in which the Trustee can realize the bankrupt’s equity without that asset being taken away.

Exempt assets: Certain provincial and federal laws safeguard some of your possessions when you file for bankruptcy. As provincial laws vary, you need to get the complete list from a licensed insolvency trustee in the area where you live.

Non-exempt assets: Non-exempt assets refer to assets owned by a bankrupt individual that are not protected by a secured creditor’s security interest or are exempt under provincial or federal laws. These assets fall within a category that the Trustee must liquidate to benefit the creditors involved in the bankruptcy proceedings.

Treatment of debts in bankruptcy

Once the bankruptcy application is filed with the OSB, a significant burden is lifted off the bankrupt’s shoulders. Direct payments to creditors cease, and the Trustee notifies all the creditors and there is an immediate stay of proceedings.

This means that any legal actions cannot be commenced or continued against the bankrupt and all collection activities, such as wage garnishment are put on hold. This offers the person much-needed relief from the constant financial pressure.

Some debts cannot be discharged, such as alimony, child support, valid secured loans and certain types of student loans. A Trustee in your no-cost initial consultation will look at the details of your debts and advise you if any would not be discharged from your bankruptcy estate.

While the decision to make the bankruptcy filing may seem daunting, it is a necessary step toward regaining control of your finances and eliminating the stress in your life. Knowing that your wages are protected from garnishment provides a sense of security during this challenging time.

Treatment of income during bankruptcy

While in bankruptcy, the Trustee monitors the person’s monthly income and expenses. The Trustee is required by the OSB and under the BIA, to do a calculation to determine if the bankrupt person has sufficient income to contribute towards his or her total debts by making surplus income payments to the Trustee.

The Trustee is required to do this calculation both at the time of the bankruptcy filing and throughout the time the person is an undischarged bankrupt. If the person’s income changes, either up or down, this will affect the calculation.

Although judgment creditors cannot garnish wages, it is possible that until the person gets their bankruptcy discharge, they may have to contribute something from their monthly income under the surplus income calculation. A licensed insolvency trustee can explain the calculation to you.

If You Declare Bankruptcy What Happens? How long does personal bankruptcy last?

Personal bankruptcy typically lasts for 9 months for a first-time bankrupt in Canada. Your first-time bankruptcy will extend to 21 months if you have to pay surplus income. If this isn’t your first bankruptcy, it will last longer.

At the end of this time, if you have fulfilled all of your bankruptcy duties and neither the Trustee nor any creditor who has proven their bankruptcy claim opposes your discharge, then you are entitled to your bankruptcy discharge. It is at the time you receive your discharge from bankruptcy, that your debts can be discharged.

If You Declare Bankruptcy What Happens? What Are Your Duties During Bankruptcy?

Responsibilities and obligations during bankruptcy

The primary responsibilities entail the disclosure of all assets, liabilities, income, and expenses. It is required to provide bank statements and other relevant records to support the information provided. In the event of a creditors’ meeting, attendance is mandatory.

Attendance at credit counseling sessions

Participating in the two mandatory counselling sessions is an essential component of a bankrupt’s journey toward financial recovery. Each counselling session is held with a person from the Trustee’s office who the OSB has licensed as a credit counsellor.

If You Declare Bankruptcy What Happens? What Is The Impact On Your Credit Score?

Impact on credit score during and after bankruptcy

Filing for bankruptcy in Canada can have a significant impact on your credit score, both during and after the bankruptcy process. Here’s a breakdown of what you can expect:

During Bankruptcy:

Initial Credit Score Decline: Upon filing for bankruptcy, it is common for individuals to experience a substantial decrease in their credit score, typically by 100-200 points or more. This decline is largely attributed to the fact that bankruptcy is a matter of public record, leading lenders to perceive it as a high-risk event.
Credit Reporting: Your credit report will reflect the bankruptcy filing and remain on your report for at least 6 years from the date of discharge (more on discharge below).
Credit Inquiries: Lenders may conduct credit inquiries to assess your creditworthiness, which can further lower your credit score.

After Bankruptcy:

Credit Score Recovery: After bankruptcy, your credit score will gradually recover over time. The rate of recovery depends on your credit habits and the steps you take to rebuild your credit (see next discussion).
Credit Reporting: The bankruptcy notation on your credit report will remain for roughly 6 years from the date of discharge. After that, it will be removed from your report.
Credit Score Objectives: Strive to attain a credit score ranging between 600 and 650 within 2-3 years post-bankruptcy. This will enhance your eligibility for improved loan conditions and interest rates.

Discharge:

In Canada, bankruptcy typically lasts for 9-21 months, depending on your financial situation and the type of bankruptcy you file for (e.g., consumer proposal or personal bankruptcy). Once you’ve completed the bankruptcy process and received a discharge, the bankruptcy notation will be removed from your credit report.

Rebuilding credit after bankruptcy

Tips for Rebuilding Credit After Bankruptcy:

Monitor your credit report: Conduct a thorough review of your credit report to verify its accuracy and pinpoint any potential areas for improvement.
Make on-time payments: It is imperative to make payments on time for all financial obligations to showcase a commendable track record of credit responsibility.
Keep credit utilization low: Maintain a disciplined approach to managing credit by ensuring your credit utilization remains low and refraining from excessive spending. Additionally, exercise caution when seeking new credit opportunities by minimizing credit inquiries and refraining from submitting multiple applications within a condensed timeframe.
Avoid new credit inquiries: Limit the number of credit applications you make and try to avoid applying for multiple credit products within a short timeframe. This will help you maintain a stable credit profile and minimize the impact of new credit inquiries on your credit score.
Credit Score Rebuilding: If you’re looking to improve your credit after facing financial challenges, some practical steps you can take include applying for a secured credit card, becoming an authorized user on a family member’s credit account, or taking out a small loan. One relatively accessible option post-bankruptcy is getting an RRSP loan, where the RRSP is held at the same financial institution you’re borrowing from.

These kinds of loans must normally be repaid within 1 year. Making all loan payments on time and doing the same thing again the following year not only will rebuild your credit, but also build your savings.

If You Declare Bankruptcy What Happens? What are the consequences for your spouse’s credit and assets?

Spouse’s liability for joint debts

In Canada, when one spouse files for bankruptcy, sometimes it can have consequences for the other spouse’s credit and assets, depending on the type of bankruptcy and the couple’s financial situation. Here’s a breakdown of the most common issues.

Credit Score Impact: The non-bankrupt spouse’s credit score could be affected if they are jointly liable for certain debts with the bankrupt spouse. This is because it may view the non-bankrupt spouse as being the next to default.
Joint Debts: If the couple has joint debts, such as a mortgage, car loan, or credit card, the non-bankrupt spouse will still be responsible for paying those debts. This is because joint debts are considered a shared responsibility.
Assets at Risk: Any of the non-bankrupt spouse’s assets that are jointly owned with the bankrupt spouse, will be at some level of risk. For example, if the couple owns a jointly held property, the Trustee must recover the non-exempt equity of the bankrupt spouse’s assets. In jointly held property, this will on a practical level impact and involve the non-bankrupt spouse, who is the natural purchaser of the bankrupt spouse’s equity.
Credit Reporting: The non-debtor spouse’s credit report may reflect the bankruptcy filing depending on the type of bankruptcy, the credit reporting agency and any joint debts or debts guaranteed by the non-bankrupt spouse.

Types of Bankruptcy and Their Impact on the Non-Debtor Spouse

Consumer Proposal: A consumer proposal is a debt settlement agreement between the insolvent spouse and their creditors. In this case, the non-insolvent spouse is not directly affected by the consumer proposal filing, but they may still be responsible for paying joint debts.

Personal Bankruptcy: Personal bankruptcy is a more severe type of bankruptcy that involves the liquidation of assets to pay off debts. In this case, the non-insolvent spouse’s assets may be at risk if they are jointly owned by the bankrupt spouse.

Protection of spouse’s assets during bankruptcy

The time to put plans in place to protect the assets of each spouse is upon the acquisition of each asset when neither spouse is insolvent. Any transfers of assets aiming to shield them from creditors, will not be successful. Here are some tips:

Separate Property: If the non-insolvent spouse has separate property, such as a separate bank account or a separate property, it is generally protected from the bankrupt spouse’s creditors.

Exemptions: In Ontario, individuals going through bankruptcy can keep certain assets as exempt property. These include household furnishings and appliances valued up to $14,180, livestock, tools, and other items used in farming up to $31,379 for farmers, tools of trade up to $14,405 for self-employed individuals, one motor vehicle worth up to $7,117, equity in a primary residence not exceeding $10,783, and funds in registered plans like RRSPs, RRIFs (other than contributions in the 12 months preceding the bankruptcy), and life insurance policies with designated beneficiaries such as a parent, spouse or child.

Credit Counseling: Additionally, credit counselling might be a good idea for the non-bankrupt spouse.

If You Declare Bankruptcy What Happens After You Are Discharged From Bankruptcy?

Discharge from bankruptcy

The effects of an absolute discharge from personal bankruptcy for the person are substantial. As soon as an outright discharge is granted, the debtor is no longer accountable for any type of unsecured debts that existed at the date of bankruptcy (with a few specific exceptions). The debtor is launched from needing to pay back debts that they took on before applying for bankruptcy.

This indicates that the debtor no longer has to stress over paying back those financial debts and can move on with their life. This supplies a clean slate for the borrower and helps them return to their feet.

There are different types of bankruptcy discharges. The one every bankrupt person wants is an absolute discharge. However, sometimes there is a reason for either a creditor, the licensed insolvency trustee (formerly called a trustee in bankruptcy), or both, to oppose a bankrupt person’s discharge. When this happens, there must be a court hearing to determine what form of discharge the bankrupt is entitled to.

The purpose of the discharge hearing is for the court to view the evidence put forward by those opposing an absolute discharge, the bankrupt who believes they are entitled to one and to review the Trustee’s report and gain further information about the conduct of the bankrupt person, both before and during bankruptcy, and to hear about the administration of the bankruptcy.

At the discharge hearing, the court is attempting to balance the right of a bankrupt person to receive a discharge and the rights of the creditors to be paid. The court will also be concerned that the administration of the bankruptcy is not only fair to all parties but is also seen to be fair. I recently came across a decision of the Court of King’s Bench of Alberta which exemplifies this finding of balance.

Suspension of discharge from bankruptcy: When can a bankrupt person be discharged? If you have filed for bankruptcy for the first time, you may qualify for an automatic discharge after a 9-month bankruptcy period. To qualify for this automatic discharge, you must have:

attended the two mandatory financial counselling sessions with the Trustee;
no requirement to pay surplus income, being a portion of their income is paid to the bankruptcy estate
according to guidelines set by the OSB or Official Receiver); and no opposition to his or her discharge. The only party that can authorize an
automatic discharge
in bankruptcy is the Trustee.

If you have made an assignment in bankruptcy before and so this subsequent bankruptcy is your 2nd bankruptcy, you will need to wait at least 24 months before you can receive a discharge. If you have a surplus income payment requirement, your bankruptcy will be prolonged to 36 months.

If you have filed for bankruptcy twice before, you can expect the timeline for a third bankruptcy to be the same as your 2nd. However, the Trustee or creditors may be more resistant to your discharge this time. The court may extend the timeline if it deems necessary.

Rehabilitation and rebuilding finances after bankruptcy – A Path to Financial Freedom

Rehab after personal bankruptcy entails a combination of finance management, debt administration, and as indicated above, credit rebuilding. The goal is to produce a sustainable economic strategy that permits you to manage your debt, reconstruct your credit, and achieve lasting financial security.

The key steps to rehabilitation are:

Get your bankruptcy discharge: Attend the two mandatory financial counselling sessions with your licensed insolvency trustee firm, fulfill all your other duties in the bankruptcy administration and obtain your discharge from bankruptcy
Create a Budget: Continue tracking your income and expenses to identify areas where you can cut back and allocate funds more effectively. A budget will help you prioritize your spending and make informed financial decisions.
Prioritize Debt Repayment: Focus on starting within your budget spending so that you can pay your bills every month on time in full.
Rebuild Credit: Use the tips I listed above to rebuild your credit.
Screen Credit Reports: Obtain a duplicate of your credit report and correct any type of mistakes or errors to guarantee your credit score is accurate.
Seek Professional Guidance: If you feel you need an element of accountability to help you in your rehabilitation, seek out a non-profit credit counsellor or financial coach to give you personalized guidance and support to help you navigate the rehabilitation process and achieve your financial goals.

Rehabilitation after bankruptcy can have numerous benefits, including:

Improved credit scores
Reduced debt burden
Increased financial stability
Greater financial flexibility
A fresh start
if you declare bankruptcy what happens

If You Declare Bankruptcy What Happens? Looking Towards a Brighter Future Conclusion

The people we help through personal bankruptcy for their journey of financial recovery are filled with a sense of gratitude and hope. The impact of understanding their credit rating, navigating the bankruptcy process, and embracing the steps toward recovery are profound. It not only tests their resilience in finance but also empowers them to envision a brighter future filled with possibilities through a fresh start.

I hope you enjoyed this if you declare bankruptcy what happens 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 someone with too much personal debt.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team.

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 information provided in this Brandon’s Blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content of this Brandon’s Blog should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc. as well as any contributors to this Brandon’s Blog, do not assume any liability for any loss or damage resulting from reliance on the information provided herein.

Tags alternatives to bankruptcy, Bankruptcy, bankruptcy discharge, bankruptcy duties, bankruptcy process, bankruptcy protection, Canada, credit counsellor, debt relief, exempt assets, financial recovery, If you declare bankruptcy what happens, Ira Smith Trustee, licensed insolvency trustee, non-exempt assets, personal bankruptcy, surplus income, what happens when you declare bankruptcy

Brandon Blog Post

HUGE IMPACT OF A SOCIAL MEDIA DEFAMATION CASE RULING ON CANADIAN BANKRUPTCY AND INSOLVENCY: A BREAKDOWN

Post author By Brandon Smith
Post date July 1, 2024

defamation case

Introduction to Chelsea Hillier’s Defamation Case

As I delve into the intriguing case of Chelsea Hillier, it becomes apparent that her background and the subsequent defamation allegations have sparked a legal battle with profound implications. Let’s explore the intricacies of this complex situation.

In this blog, I delve into the intriguing defamation case of Chelsea Hillier, a bankrupt individual who found herself amid a legal battle due to online defamation. Join me as we uncover the details of the case, the court rulings, and the aftermath that followed.

Defining A Defamation Case and Forms of Defamation

What is defamation?

In Canada, defamation is any intentional or negligent false communication, whether written or spoken, that harms a person’s reputation or exposes them to ridicule, belittling, or contempt.

Types of defamation: libel and slander

The concept of defamation can have two possible parts; libel and slander. There is a distinction between libel and slander.

Written defamation (libel)

Libel is defamation either in writing or some other permanent form. Section 298(1) of the Canadian Criminal Code (R.S.C., 1985, c. C-46) defines a defamatory libel as any published material that is likely to injure someone’s reputation or make them the object of hatred, contempt, or ridicule, without lawful justification or excuse.

Spoken defamation (slander)

Slander is defamation that is not left permanently. Slander is more commonly associated with an oral statement. With slander, there generally will always be a fight waged between slander and freedom of speech.

The impact of defamation on individuals and organizations

Defamation is an act of harming the reputation of another person through a false statement or many of them. In the real world, defamation can lead to severe consequences, including damages to one’s reputation and livelihood. The criminal code and being found guilty of the criminal offence of criminal defamation is one thing.

But in the real world, the possibility of imprisonment is not going to provide any real satisfaction to the wronged party. The way to get compensated for the suffered damages because of the defamation of character is to start a civil suit action for a defamation claim.

In today’s digital world, the occurrence of online vilification and social media problems positions an expanding worry for people and businesses alike. The simplicity and rate at which misinformation can be distributed on the web have made it extra challenging to secure your reputation from baseless attacks.

Social network platforms, once hailed as tools for connection and interaction, have now ended up being places for disparagement and where a defamation case is born through the fast spread of disparaging and harmful stories. Consequently, people have to bear in mind the web content they share on the internet and the potential consequences of their activities in the digital age.

Understanding the legal ramifications of online defamation is crucial. While freedom of expression is a fundamental right, it is essential to remember that this right comes with obligations. Uploading or sharing false information concerning others can have seriously damaging consequences, both legally and personally.

People must exercise care and promote ethical and honest behaviour in their online interactions to prevent injury to others and find themselves on the wrong side of the law. In a world where reputations can be tainted with a single click, it is crucial to focus on respect and integrity in all online communications.

The Elements of a Defamation Claim

Probably the most publicized recent defamation case was the case study of defamation to character was the Amber Heard vs. Johnny Depp in the United States. Although I am not a lawyer and this blog is not meant as legal advice, I do wish to discuss my understanding of the elements required in a defamation case in Canada.

Making a defamatory statement

In legal terms, a defamatory statement is false and harmful to a person’s reputation. To be considered defamatory, the statement must harm the plaintiff’s character or standing in the community. This can include accusations of criminal behaviour, dishonesty, or incompetence.

It is important to note that the statement must be proven false for it to be considered defamatory. If a statement meets these criteria, the plaintiff may have grounds for a defamation lawsuit. It is crucial to exercise caution when making statements that could potentially harm someone’s reputation, as the consequences can be severe.

Identifying the statement’s recipients

In a defamation case making a defamation claim, it is imperative that the plaintiff accurately identifies the defendant as the individual or entity responsible for the defamatory statement. This process is essential in establishing the grounds for the lawsuit and ensuring that the appropriate party is held accountable for their actions.

A thorough and detailed identification of the defendant is crucial in providing clarity and direction to the legal proceedings. Failure to correctly identify the defendant can result in delays, confusion, and potential dismissal of the case. Therefore, it is paramount that the plaintiff diligently and accurately identifies the defendant to pursue a successful resolution to the claim.

Statement’s falseness and its effect on reputation

The statement must have a defamatory meaning, which is a false and harmful statement that tends to harm the plaintiff’s reputation. For a statement to be considered defamatory, one of the key elements that must be proven is publication. The defendant must have shared the defamatory statement with a third party, someone other than the plaintiff. This includes written words in a letter or publication, or even online posts on social media platforms.

The act of publication is crucial in defamation cases as it demonstrates that the harmful information was disseminated to a wider audience, potentially causing damage to the plaintiff’s reputation. Individuals need to exercise caution and responsibility when sharing information to avoid potential legal consequences.

Damage to reputation and *emotional distres**s caused*

In defamation cases, the plaintiff must establish that they have suffered harm directly caused by the defamatory statement. This harm can materialize in various forms, such as damage to the plaintiff’s needs to compile reputation, financial losses, or other detrimental effects. Without concrete proof of harm, a defamation lawsuit may not stand in a legal setting.

Therefore, the plaintiff needs to compile relevant documentation and evidence to substantiate their claim of harm, whether through witness accounts, financial records, or other verifiable means. Demonstrating damage is a fundamental aspect of proving the legitimacy of a defamation case and necessitates thorough documentation and validation to pursue legal redress.

Defenses against defamation claims

There are several possible defenses against defamation claims. Some of the most common defences include:

Truth: The defendant can argue that the statement is true, and therefore, not defamatory. The burden of proof is on the defendant to prove the truth of the statement. Fair comment: The defendant can argue that the statement is a fair comment on a matter of public interest. This defense is often used by journalists, politicians, and others who make comments about public figures or issues.
Privilege: The defendant can argue that the statement is protected by privilege, which means that it is made in a context where the speaker has a qualified privilege to make the statement. Examples of privileged statements include statements made in Parliament, in court, or a confidential communication.
Honest opinion: The defendant may assert that the statement constitutes an honest opinion, and hence, is not defamatory. This defense is commonly invoked by individuals when making subjective remarks about a person or entity. Context: The defendant can argue that the statement is not defamatory because it is made in a context that makes it clear that it is not meant to be taken literally. For example, a statement made in a joke or a metaphor may not be defamatory if it is clear that it is not meant to be taken seriously.
Absolute privilege: The defendant can argue that the statement is protected by absolute privilege, which means that it is made in a context where the speaker has absolute immunity from liability. Examples of absolute privilege include statements made in court or a confidential communication.
Qualified privilege: The defendant can argue that the statement is protected by qualified privilege , which means that it is made in a context where the speaker has a qualified privilege to make the statement. Examples of qualified privilege . Therefore include statements made in a confidential communication or a communication made in good faith. Innocent dissemination: The defendant can argue that they did not know or have reason to know that the statement was defamatory, and therefore, should not be held liable.
Innocent dissemination: The defendant can argue that they did not know or have reason to know that the statement was defamatory, and therefore, should not be held liable.
Spoliation: The defendant can argue that the plaintiff has destroyed or tampered with evidence that would have helped to prove the truth or falsity of the statement. Therefore, the plaintiff should not be able to recover damages.
Statute-barred: The defendant can argue that the plaintiff has delayed in bringing the claim, and therefore, the claim is statute-barred or should be dismissed due to the passage of time. It’s worth noting that the availability of these defences may depend on the specific circumstances of the case, and the court may consider other factors when determining whether a defense is available.

The burden of proof in a defamation case

In a defamation case within the Canadian legal system, the burden of proof typically follows these guidelines:

The plaintiff, who initiates the claim, is responsible for demonstrating that the defendant made a defamatory statement about them.
The plaintiff must also provide evidence that the statement was disseminated to a third party rather than solely being known to the plaintiff.
It is incumbent upon the plaintiff to establish that the statement carried a defamatory meaning, characterized by being both false and damaging to the plaintiff’s reputation.
The plaintiff must further substantiate that the defendant acted recklessly or negligently in making the defamatory statement.

Overview of Chelsea Hillier’s Background and the Defamation Case Allegations

Chelsea Hillier, the daughter of former MPP Randy Hillier, found herself embroiled in a legal quagmire due to her online behaviour. The saga began with a series of defamatory tweets posted on her ‘weaponized’ Twitter account, targeting her former friend, Esther Post. These tweets falsely accused Post, a sessional lecturer at Carleton University, of unethical behaviour, leading to a contentious legal battle.

In June 2022, the Honourable Madam Justice Gomery found Hillier guilty of defamation, highlighting the significant harm caused by her reckless online conduct. The court ordered Hillier to pay $85,000 in damages and additional legal fees to Post, underscoring the severe repercussions of her actions.

Relationship Between Chelsea Hillier and Esther Post Leading to the Legal Battle

The relationship between Chelsea Hillier and Esther Post dates back to 2008 when Post was Hillier’s instructor at Carleton University. What began as a close friendship deteriorated due to Hillier’s extremist views on the COVID-19 pandemic, mirroring those of her father.

The fallout culminated in a series of defamatory tweets by Hillier, including false accusations and the dissemination of private photos from Post’s wedding. Post, rightfully aggrieved by these actions, pursued legal recourse, resulting in a protracted legal battle that exposed the dark underbelly of online behaviour.

The legal ramifications of this case extend beyond mere monetary compensation, shedding light on the broader implications of social media conduct and the legal responsibilities that accompany online interactions.

Defamation Case: The Defamation Allegations

As I delve into the details of the defamation case involving Chelsea Hillier, it’s evident that the repercussions of her actions have been significant. The defamatory tweets she posted not only tarnished her reputation but also led to legal battles with severe consequences.

Details of the Defamatory Tweets

Chelsea Hillier’s tweets, posted on her Twitter account, targeted Esther Post with false accusations of drugging and inappropriate behaviour. These tweets, intended to harm Post, resulted in a ruling against Hillier for causing psychological harm through online harassment.

The tweets, weaponized to spread misinformation and malice, showcased a blatant disregard for the truth and ethical online conduct. Despite Hillier and Post’s friendship, the defamatory posts’ fallout was irreparable.

Legal Implications and Subsequent Bankruptcy Consequences

The legal ramifications of Hillier’s actions were severe. Post was successful in obtaining judgment against Hillier in the total amount of about $100,000. Facing this debt that she could not pay, Hillier filed an assignment in bankruptcy, thinking she would outsmart Post. As discussed below, it did not quite work out that way.

Esther Post’s pursuit of justice in her defamation action exemplifies the impact of social media’s legal implications and the need for accountability in online interactions. The ongoing battle for restitution underscores the long-lasting effects of defamatory actions and the importance of upholding integrity in digital communication.

Defamation Case Court Rulings and Legal Consequences

As we delve into the intricate web of court rulings and legal consequences surrounding the case of Chelsea Hillier, it becomes evident that the ramifications of her actions extend far beyond a mere declaration of bankruptcy. The analysis of the court rulings against Chelsea Hillier sheds light on the complexities of defamation cases and the enduring financial obligations that follow.

Chelsea Hillier’s journey through the legal system serves as a stark reminder of the repercussions of online behaviour and the profound impact it can have on individuals’ lives. Despite her attempts to absolve herself through bankruptcy, the courts have held her accountable for the damages inflicted on Esther Post due to defamatory statements made on social media.

Analysis of the Defamation Case Court Rulings

The court’s decision to uphold the $85,000 in damages plus additional legal fees underscores the gravity of Chelsea Hillier’s actions. The ruling of the Honourable Mr. Justice Stanley J. Kershman of the Ontario Superior Court emphasizes that bankruptcy does not serve as a shield against the consequences of intentional harm caused to others.

Post’s lawyer, David Shiller, aptly argued that bankruptcy laws are designed to protect honest debtors facing financial distress, not as an escape route for individuals evading their responsibilities. The legal system’s unwavering stance against misuse of bankruptcy in cases of deliberate harm sets a precedent for accountability and justice.

Section 178(1)(a.1)(i) of the BIA states that any award of damages by a court in civil proceedings in respect of bodily harm intentionally inflicted is not released by the bankrupt obtaining a discharge from bankruptcy. In other words, this kind of debt follows the person until the judgment is fully paid, even after bankruptcy.

This is not a novel situation. Courts across Canada have dealt with this type of issue before. Certain cases are extremely relevant to the Hillier bankruptcy case that lay out how defamation to character judgment claims are handled in the Canadian bankruptcy context and whether such a claim survives a person’s bankruptcy. The roadmap of prior cases I found are:

In short, these cases uphold the concept that civil liability for defamation from intentionally causing bodily harm is not a debt that can be discharged through bankruptcy. It also confirms that “bodily harm” includes negatively affecting the person’s mental health.

Financial Obligations Despite Declaring Bankruptcy

The saga of Chelsea Hillier brings to the forefront the stark reality that there is a limited class of debts that are not erased by declaring bankruptcy, especially in cases where harm has been inflicted intentionally. Hillier’s failure to comply with court orders and remove defamatory content led to further legal repercussions, including contempt of court charges and additional financial penalties.

Despite her bankruptcy filing, Hillier remains liable for the damages and legal costs incurred by Post, highlighting the enduring nature of this kind of legal obligation. The court’s decision to allow Post to pursue the owed amount through wage garnishment underscores the long-term consequences of failing to meet legal responsibilities.

The Bankruptcy Had No Impact On The Defamation Case

The complexities of Chelsea Hillier’s legal battle show the ramifications of declaring bankruptcy in the context of the defamation case come to light. Bankruptcy does not absolve one of financial obligations arising from the actual malice of untrue statements resulting in intentional harm caused by online behaviour.

The legal repercussions of bankruptcy in the defamation case involving Chelsea Hillier are profound. Despite her declaration of bankruptcy, the court ruled that she remains liable for the actual damages and legal fees amounting to over $100,000. This ruling underscores the principle that bankruptcy laws are designed to protect honest debtors, not to enable individuals to evade certain obligations without any penalty.

Moreover, the ongoing financial obligations for Chelsea Hillier extend beyond mere monetary payments. The impact of her online behaviour, characterized by defamatory tweets, has far-reaching consequences. These actions not only led to legal repercussions but also inflicted psychological harm on the victim, Esther Post. The court’s decision to hold Hillier accountable emphasizes the importance of upholding ethical standards in online interactions.

It is crucial to recognize that declaring bankruptcy may not erase the consequences of one’s actions. In Chelsea Hillier’s case, the legal system has made it clear that accountability transcends financial matters. The defamation case serves as a stark reminder of the social media legal implications and the need for responsible online behaviour.

Defamation Case Conclusion

Reflecting on the case of Chelsea Hillier and its aftermath, it becomes evident that social media has the power to shape not just our virtual interactions but also our real-world relationships and legal standing. As we navigate the digital landscape, it is crucial to tread carefully, mindful of the impact our online actions can have on others and ourselves.

I hope you enjoyed this defamation case 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.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team.

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 information provided in this Brandon’s Blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content of this Brandon’s Blog should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc. as well as any contributors to this Brandon’s Blog, do not assume any liability for any loss or damage resulting from reliance on the information provided herein.

Brandon Blog Post

PROOF OF CLAIM FORM 31: ESSENTIAL TIPS TO SUCCESSFULLY COMPLETE THE NEW CANADIAN BANKRUPTCY FORM 31

Post author By Brandon Smith
Post date June 24, 2024

Form 31 Proof of Claim Introduction

The Office of the Superintendent of Bankruptcy (OSB) published several amended Forms under the Bankruptcy and Insolvency Act (Canada) (BIA) to promote a more efficient and effective insolvency system, removing some outdated elements and ensuring better data integrity for all stakeholders. These amended Forms were originally set to come into force on July 15, 2024. One of those new forms is the Form 31 proof of claim. This morning, the OSB announced that the effective date has now been pushed back to September 16, 2024.

In this Brandon’s Blog, given the new proof of claim form coming into use effective July 15, I feel I need to update my October 2018 blog titled: FORM 31 PROOF OF CLAIM: HOW TO PROPERLY COMPLETE THE PROOF OF CLAIM. I will compare the new form to the old one as there are substantial changes and advise on how it should be properly completed as we walk through the new form.

Background Information on Form 31 Proof of Claim

Purpose of Form 31 Proof of Claim

Claims of creditors in bankruptcy or restructuring proposal cases are made on a very specific proof of claim form. The purpose of the form is to furnish information about the claim by the creditor against the debtor. It asks for such things as the contact details of the creditor and permission to represent it if it is a corporate body. Additionally, there are interrogatives on debt aspects like the amount due and supporting papers.

The types of claims section encompasses unsecured claims, lessor claims, secured claims, farm or wage earner claims, plan administrator’s claims, director’s liability claims and client claims against their bankrupt securities dealer.

It also inquires whether or not there has been any relationship between the debtor’s recent transactions with the creditor such as recent payments.

One can obtain information regarding an insolvent person’s financial condition and their application for discharge from bankruptcy. There is a caution at the end of this document concerning penalties for making fake claims or giving false statements. The creditor must sign it himself or through the representative. If an affidavit is attached thereto, then it must be sworn by a person who is authorized by law to administer oaths.

Importance of Properly Completing Form 31

The proper completion of Form 31, Proof of Claim, is crucial in the claims process for creditors with substantiated claims. This form serves as a critical document for creditors looking to assert and potentially recover owed debts. Providing accurate and thorough information on this form is essential for creditors to establish a strong foundation for their claims.

Failure to provide complete or accurate information on Form 31 can lead to delays, rejections, or the disqualification of the claim. Therefore, it is imperative for creditors to closely follow the instructions and guidelines stipulated in Form 31. By doing so, creditors can ensure that their claims are accurately documented and processed efficiently within the specified timelines.

Section 1: Understanding the Basics of Form 31 Proof of Claim

Definition of Provable Claim

Section 2 of the BIA contains the definitions. In that section, a provable claim is defined:

“includes any claim or liability provable in proceedings under this Act by a creditor“

What does this mean? it means that a provable claim refers to a debt or obligation owed by a debtor that can be verified and substantiated through documentary evidence. For a claim to be considered provable, it must meet certain criteria established by the Act, including an amount that can be determined, is due and payable at the time of the bankruptcy or within a reasonable period after that, and not be contingent on some other event or unliquidated.

Difference Between Provable and Unliquidated Claims

An unliquidated claim under the BIA refers to a claim for a specific amount of money that has not yet been determined or quantified. This type of claim typically arises when the exact amount owed to a creditor is uncertain or requires further investigation to establish.

In the context of bankruptcy proceedings, unliquidated claims present a challenge as they may complicate the distribution of assets to creditors. To address this issue, mechanisms for resolving unliquidated claims include negotiations, mediation, a disallowance of the claim by the licensed insolvency trustee (formerly known as a bankruptcy trustee) (the “Trustee”) or court proceedings to determine the appropriate amount owed.

Properly handling unliquidated claims is essential for ensuring fair and efficient bankruptcy proceedings under Canadian law.

Identifying False Claims

Ensuring the validity of claims in Canadian bankruptcy proceedings is a crucial element in safeguarding the integrity of the bankruptcy system. Baseless claims hinder the fair distribution of assets to rightful creditors and undermine confidence in the process. The proliferation of meritless claims can result in delays, increased expenses, and potential financial harm to creditors.

It is essential for Trustees to thoroughly evaluate the authenticity of claims to prevent manipulation and dishonesty. Implementing rigorous verification procedures and penalties for unsubstantiated claims are essential strategies for upholding the fairness and transparency of Canadian bankruptcy proceedings.

Section 2: Required Information for Completing Form 31 Proof of Claim

Completing and returning a Form 31 proof of claim is an important phase in the bankruptcy process. They are one of the documents included with the notice of bankruptcy documents sent out by the Trustee to formally notify the creditors of the bankruptcy.

Personal Details of the Creditor

For proof of claim to be properly completed, the creditor must furnish their contact information, encompassing their mailing address, fax number, and email address. Moreover, the creditor must substantiate their legitimacy as a creditor of the debtor and exhibit a thorough understanding of all pertinent details related to the claim. This takes you from the top of the new Form 31 proof of claim down to numbered paragraph #2.

Details of the Claim

It is incumbent upon the creditor to clearly outline the total sum of the outstanding debt owed by the debtor, in addition to any potential counterclaims, accompanied by relevant documentation or substantiating evidence. The new proof of claim form now requires a creditor to verify that the debt remains within the statutory limitations stipulated by the pertinent provincial laws and regulations. In other words, the claim is not statute-barred.

Those details are covered by paragraphs 3 through 5 of the form.

Priority of the Claim

Paragraph 6 is where, as an unsecured creditor, you need to insert the amount for what you believe to be your claim provable in the actual restructuring proposal to creditors or bankruptcy of the person or company. You must also declare whether you do or do not claim a right to a priority. If you do not, this means that you are an ordinary unsecured creditor.

If you are claiming a right to a priority claim as an unsecured creditor, you are stating that you are entitled to a priority of payment ahead of the ordinary unsecured creditors. The new Form 31 proof of claim requires you to identify what type of priority you are claiming.

The various types of unsecured claims that can have priority over ordinary unsecured claims, which are called preferred claims, are, in order of priority:

For a deceased bankrupt, reasonable funeral and testamentary costs.
The claims for wages by a wage earner employee for unpaid wage claims and certain other amounts treated like remuneration for services rendered during the period beginning on the day that is six months before the date of the initial bankruptcy event or the first day on which there was a receiver. This claim is limited to a maximum payment of $2,000, less any amounts paid for their services by the licensed insolvency trustee.
Any shortfall to a secured creditor as a result of the claim for employees’ priority above.
Any shortfall to a secured creditor as a result of the claim of employees paid out for unpaid amounts regarding prescribed pension plans.
Alimony or support payments payable by the bankrupt person under either a court order or an agreement made before the date of the initial bankruptcy event.
municipal taxes levied against a bankrupt’s real property within the two years immediately preceding the bankruptcy not registered as a lien against the property. This preferred claim cannot exceed the value of the bankrupt’s interest in the property.
A lessor for rent arrears for no more than 3 months before the date of bankruptcy and only if stipulated in the lease, a claim for accelerated rent for no more than an additional 3 months. This claim is limited to the amount realized by the Trustee from the property of the bankrupt on those premises. Further, any payment made by the licensed insolvency trustee for accelerated rent shall be credited against any amount the Trustee may owe the landlord for the Trustee’s occupation of those leased premises.
One bill of costs of a lawyer for a judgment creditor who is the first to have garnished or otherwise executed against the property of the bankrupt, but only to a maximum of the amount obtained by the Trustee from the realization of assets from the sale of such property.
Certain government debts.
Claims from injuries to employees of the bankrupt where workers’ compensation legislation does not apply, but only if there is an insurer or surety guaranteeing damages from injuries and up to the maximum guaranteed.

Section 3: Additional Considerations for Completing Form 31 Proof of Claim

There are also specialized claims that a creditor may qualify for.

A Claim of Lessor For Disclaimer of a Lease

In a corporate restructuring under the Proposal provisions of the BIA, the insolvent company can disclaim or resiliate a commercial lease. The insolvent debtor must be able to show that it cannot successfully restructure if it still has to be responsible for that commercial lease. Upon the disclaiming or resiliation of the commercial lease, the landlord is allowed to calculate its claim using the formula and provisions laid out in the BIA.

Valuing a Secured Claim

Secured creditors have the option, though not a mandatory requirement unless stipulated by the licensed insolvency trustee, to file their claim. This process involves the secured creditor completing the proof of claim form, where they estimate the value of the assets linked to their security. Any outstanding amount owed to the creditor beyond the assets’ value is also specified on the proof of claim, thereby converting it into an unsecured claim.

Secured creditors must exercise caution when determining the value of their secured claim. As per subsection 128(3) of the BIA, a Trustee may opt to redeem a security by reimbursing the secured creditor with the security’s assessed value, as indicated by the secured creditor in the proof of claim. A licensed insolvency trustee would only proceed with redemption if they ascertain that the actual value of the assets surpasses the value assigned by the secured creditor to its security.

Moreover, a Trustee must seek an independent legal opinion on the security documents. That is why a Trustee will always ask for proof of security.

*Claim by Farmer**, Fisherman or Aquaculturist*

Claims of farmers, fishermen, and aquaculturists are granted specific privileges for claims under the BIA legislation. This particular category of creditors is entitled to certain rights. In addition to the standard revindication rights, farmers, fishermen, and aquaculturists have a 30-day window following the initiation of bankruptcy proceedings or the appointment of a receiver to submit their claim for products supplied within 15 days before the bankruptcy event. Once the claim is successfully filed, these creditors are granted a primary lien on all the inventory of the insolvent debtor, excluding any inventory that may be subject to another party’s repossession rights.

Claim by Pension Plan for the unpaid amount

I alluded to claims in respect of an unpaid pension amount above. In 2008 the BIA was amended in reaction to several high-profile corporate restructurings and bankruptcies where there were pension payment amounts deducted from employee wages but not remitted to the pension plan. When the employer went bankrupt, the employees’ pension entitlement was negatively affected (think Sears Canada). Pension entitlement is an important component of the overall employees’ remuneration.

Therefore, Parliament mandated a reform where a super-priority is created for claims for unremitted pension contributions outstanding when an employer becomes bankrupt. The kinds of amounts given this super-priority are pension payments deducted from an employee’s wages but not remitted to the pension plan administrator, amounts owed by the employer for the cost of benefits paid by the pension plan and employer contributions to a defined benefit pension plan. What is excluded from this super-priority is any amount needed to reduce an unfunded pension liability.

Claims Against Directors

This kind of claim comes into play when a BIA corporate restructuring proposal provides for the compromise of claims against directors. The kind of claims against directors that a corporate proposal can compromise must have a very specific set of characteristics:

A claim against directors is being compromised in the corporate Proposal.
Arose before the filing of the Notice of Intention To Make A Proposal or the Proposal itself.
Relate to corporate obligations that are director liabilities by operation of law.

They do not include any corporate liabilities that one or more directors may have personally guaranteed as individuals.

Claim of a Customer of a Bankrupt Securities Firm

The BIA delineates precise protocols for the allocation and distribution of cash and securities within a securities firm customer pool fund. The intricacies of this process are highly technical and exceed the purview of this blog post on completing a Form 31 proof of claim. It is essential to understand that distinct provisions are in place for companies of this nature that have filed for bankruptcy.

Complicated or Contingent Claims

There are a variety of claims that by their very nature, produce complications. Just because a claim might be complicated, it does not mean the proof of claim should not be fully completed and filed with the Trustee. It also does not mean that the licensed insolvency trustee does not have to review it to determine if it is admissible or not.

Examples of complicated claims are unliquidated claims discussed above and contingent claims. In a Canadian insolvency case, a contingent claim is a claim that is not yet due and payable but may become due and payable in the future. Contingent claims are often referred to as “contingent debts” or “contingent liabilities.”

A contingent claim may arise in various situations, such as:

A lawsuit or legal action that has not yet been resolved, but may result in a payment or settlement in the future.
A contract or agreement that provides for payment or performance in the future, but only if certain conditions are met.
A guarantee or indemnity that may become payable in the future if a specific event occurs.

When a contingent claim is filed in a bankruptcy or proposal case, the licensed insolvency trustee must handle it in a specific manner. Here are the key steps:

Initial Review: The Trustee reviews the contingent claim to determine its validity and the likelihood of it becoming due and payable in the future.
Assessment of Likelihood of Payment: The Trustee assesses the likelihood of the contingent claim becoming due and payable, considering factors such as the strength of the underlying legal claim, the likelihood of a settlement or judgment, and the potential for future payments or performance.
Valuation of the Claim: The Trustee values the contingent claim, taking into account the likelihood of payment and the potential amount of the payment.
Inclusion in the Statement of Affairs: The Trustee should include a contingent claim in the sworn Statement of Affairs, which is the document that outlines the insolvent debtor’s assets, liabilities, and financial affairs. The creditor would be listed as a contingent creditor. Because at this stage the Trustee has not received a proof of claim to review, it is wise to list the amount of this contingent debt either as “unknown” or with a value of just $1.
Monitoring and Follow-up: The Trustee monitors the contingent claim and follows up with the creditor to ensure that any future payments or performance are made following the terms of the agreement or contract.
Distribution of Funds: If the contingent claim becomes due and payable in a specific amount and the creditor has filed the proof of claim properly, the Trustee needs to include the valued claim in calculating a distribution to the unsecured creditors.

Creditors are required to furnish the licensed insolvency trustee with all essential documentation and information to substantiate their contingent claim. Subsequently, the Trustee will work with the creditor to ensure the appropriate handling of the claim.

Section 4: Procedural Requirements for Submitting Form 31 Proof of Claim

As a creditor, it’s crucial to understand the procedural requirements for submitting a Form 31 Proof of Claim in a Canadian insolvency case. In this section, we’ll delve into the key issues that creditors should be aware of when submitting their Proof of Claim.

Deadline for Submitting Proof of Claim

The deadline for submitting a proof of claim is a critical aspect of the insolvency process. In Canada, creditors have a specific timeframe to file their proof of claim. Until a creditor files a proof of claim with the Trustee, the creditor cannot participate in the insolvency process. Creditors should ensure they submit their proof of claim well within the deadline to avoid any potential issues.

The First Meeting of Creditors in bankruptcy or the Meeting of Creditors in a restructuring proposal takes place 21 days after the date of filing. If a creditor who has a provable claim wishes to vote at the meeting of creditors, then it is important to have filed the fully completed proof of claim, with all supporting backup documentation, in time for the Trustee to be able to review it.

At the meeting of creditors, it is up to the meeting chair to admit or disallow any claim for voting purposes. In a bankruptcy, the creditors vote on several matters, including the appointment of Inspectors. The Meeting of Inspectors normally immediately follows the meeting of creditors. So if a creditor wishes to nominate an Inspector, it has to have filed its claim to be able to vote. To be able to vote for or against a consumer proposal or corporate restructuring proposal, the proof of claim must be filed.

The only other real deadline to file a proof of claim is before the Trustee is going to make a distribution. A Trustee must send each creditor listed on the Statement of Affairs who has not yet filed a proof of claim notice to file a claim before making a final distribution. That notice will have a deadline in it. If the creditor misses that deadline then they are not entitled to receive any dividend from the insolvency estate.

Properly Filing the Form 31

Properly filing the Form 31 proof of claim is a critical step. Creditors must ensure they complete the form accurately and thoroughly, providing all necessary information, including the amount of the debt, the date the debt was incurred, and any relevant documentation. It’s also essential to sign and date the form, as well as attach any supporting documentation. Creditors should also ensure they file the form with the correct office, as specified in the bankruptcy notice.

*Notice of Intention**To Make A Proposal*

In some cases, the insolvent individual or corporation may file a Notice of Intention To Make A Proposal, which provides creditors with advance notice of the impending restructuring proposal. At the Notice of Intention stage, there is not a specific deadline for submitting a proof of claim. A proof of claim is not sent out at this notice stage. After the Proposal is filed and the Trustee sends out the Proposal package to the known creditors, in that package the proof of claim form 31 is provided. Creditors should carefully review the Proposal package and ensure they submit their proof of claim by the specified deadline.

I was involved some time ago in a corporate restructuring case where a financial institution creditor filed a proof of claim and a voting letter using their form at the notice of intention stage. The form was improperly completed and I warned the creditor that its proof of claim was not being accepted and that they must file a new one, properly and fully completed, after they receive the Proposal package from our Firm.

They ignored my warnings and did not do so. I therefore disallowed their claim which meant their vote did not count. They appealed my decision to the Court. The Court agreed with the Trustee. Not only did their vote not count, but because they lost the appeal, they also had to pay our lawyer’s costs!

Notice of Bankruptcy Process

The bankruptcy notification is a crucial document that provides creditors with essential information about the bankruptcy proceedings, including the timeline for submitting a proof of claim. This notification is distributed by the licensed insolvency trustee managing the bankruptcy process and offers creditors a detailed overview of the procedures involved, including the deadline for submitting proof of claims.

To ensure the accurate and complete submission of the claim form, it is advisable to follow the guidelines outlined below in Section 5. Submitting a Form 31 proof of claim is a critical aspect of the bankruptcy process. Creditors must meet the submission deadline, correctly file the form, and provide all necessary information. Understanding the procedural requirements for submitting a proof of claim helps creditors protect their rights and ensure their interests are properly represented throughout the process.

Section 5: Ensuring Accuracy in Completing Form 31 Proof of Claim – A Step-by-Step Guide to Filing a Proof of Claim

As a creditor, it’s essential to know how to complete Form 31, also known as the Proof of Claim, when dealing with bankruptcy or proposal proceedings. The only way for creditor claims to be registered properly is through the filing of a properly and fully completed proof of claim form.

Let me walk you through the step-by-step process of filling out this crucial document.

Step 1: Gather Required Information

Before starting to fill out Form 31, make sure you have the following information readily available:

The name of the bankrupt individual or corporation
The amount of the debt owed to you
The date the debt was incurred
Any relevant documentation, such as invoices or contracts

Step 2: Complete the Header Information

Begin by filling out the header section of the form, which includes:

The name of the bankrupt individual or corporation
The file number assigned to the bankruptcy proceeding

Step 3: Furnish Creditor Details

In this step, kindly provide the following details as the creditor:

Your full name and mailing address
Your business name and registered address (if applicable)
Your contact information, including phone number and email address

Step 4: Specify the Debt

Specify the debt you’re claiming:

The amount of the debt owed to you
The date the debt was incurred
A brief description of the debt, including any relevant details
Completing whether or not you are a secured, claiming a priority or an ordinary unsecured creditor
Make sure that you include the entire claim

Step 5: Provide Supporting Documentation

Attach any relevant documentation to support your claim, such as:

Invoices or receipts
Contracts or agreements
Bank statements or other financial records

Step 6: Sign and Date the Form

Once you’ve completed the form, including completing the proxy form section if the creditor is a corporation, sign and date it in the designated areas.

Step 7: File the Form

Submit the completed Form 31 to the professional trustee administering the bankruptcy, along with any supporting documentation. You can submit the proof of claim by fax, email, snail mail or delivery. The most important reason of course is that if there is going to be a distribution to the creditors, you want to make sure that you have submitted your claim for dividend purposes.

Additional Tips and Reminders

Ensure to maintain a copy of the completed form for your records.
If you’re unsure about any part of the process, consider consulting with a bankruptcy lawyer or the Trustee handling the bankruptcy case . In case of any uncertainties regarding any aspect of the process, it is advisable to seek advice from a bankruptcy lawyer or the Trustee overseeing the bankruptcy case.
File your claim on time to safeguard your rights as a creditor.

By adhering to these guidelines and furnishing precise information, you will complete Form 31 and safeguard your creditor rights throughout the bankruptcy or restructuring proceedings.

Section 6: Common Mistakes to Avoid when Completing Form 31 Proof of Claim

When engaging in the intricate process of submitting a proof of claim to the Trustee, it is imperative to steer clear of common errors that may result in delays, rejections, or potential dismissal of your claim. This section will outline three crucial errors to avoid when completing Form 31 for the proof of claim.

Providing incomplete or inaccurate information on your proof of claim: This can significantly hinder the processing of your claim or result in its rejection. To mitigate this risk, it is crucial to take the following steps:

- Thoroughly review your claim amount to ensure it aligns with your records.
- Verify the accuracy of creditor information, including names, addresses, and account numbers
- Organize your documents coherently and logically to facilitate efficient processing and evaluation.

By paying close attention to these details, you can enhance the accuracy and efficiency of your claim submission process.

Failure to include supporting documentation: This is a significant oversight that can result in the rejection or delay of your claim. To mitigate this risk, it is imperative to adhere to the following guidelines:

- Attach all pertinent supporting documents, including invoices, receipts, and contracts.
- Ensure that all documents are clear, legible, and easily readable.
- Organize your documents in a clear and logical order

Missed Deadlines for Submission: Be sure to allocate extra time for any unforeseen delays or complications when submitting your proof of claim before the deadline. To minimize last-minute stress, make sure to submit your claim well ahead of the due date. By being proactive and avoiding these typical errors, you can streamline the filing process and increase your chances of a successful outcome. Remember to thoroughly review your details, attach all necessary documentation, and submit your claim with ample time to spare. Finally, missing deadlines for submitting your proof of claim can have severe consequences, including dismissal of your claim.

To ensure a successful filing process, it’s important to avoid these common mistakes. Make sure to thoroughly review your information, attach all necessary supporting documents, and submit your claim with ample time before the deadline.

Section 7: Form 31 Proof of Claim FAQs

In this section, we’ll address some frequently asked questions about completing Form 31 proof of claim.

Q1: What is Form 31 Proof of Claim?

A1: Form 31 Proof of Claim is a prescribed form that creditors use to indicate their claim against a bankrupt estate or in a formal restructuring under the BIA. It is a crucial step in the process, as it allows creditors to assert their rights and receive a portion of the available funds.

Q2: Where can I find Form 31 Proof of Claim?

A2: Form 31 Proof of Claim may be obtained from the office of the Trustee or downloaded from the official website of the Office of the Superintendent of Bankruptcy Canada. Make sure you get the most up-to-date version of the form as the new one goes into effect on July 15, 2024.

Q3: What information should I include in Form 31 Proof of Claim?

A3: When completing Form 31 Proof of Claim, you should provide accurate and detailed information, including your name and address, the debtor’s name, the amount of your claim, and any supporting documentation.

Q4: Are there any specific formatting guidelines for completing Form 31 Proof of Claim?

A4: While there are no strict formatting guidelines, it’s important to ensure that your form is neat, legible, and organized. Use clear and concise language, and avoid any unnecessary details. Attach supporting documents in a logical order and label them appropriately.

Q5: Can I submit multiple claims using Form 31 Proof of Claim?

A5: Yes, you can submit multiple claims using Form 31 Proof of Claim. However, you must separate each claim clearly and provide all the necessary information and supporting documentation for each claim.

Q6: Can I make changes to my submitted Form 31 Proof of Claim?

A6: Once you have submitted your Form 31 Proof of Claim, it depends on the change. If it is something very minor, like your phone number, the Trustee will make that change for you. If it is a major change, like the amount you are claiming, it is recommended that you file an amended claim. Therefore, reviewing your form carefully before submission and ensuring its accuracy is crucial. If you need to make corrections or updates, contact the Trustee’s office immediately.

Remember, completing Form 31 Proof of Claim accurately and on time is essential to assert your rights as a creditor and receive a fair distribution from the estate. By following these tips and guidelines, you can navigate the process successfully.

Conclusion

Completing Form 31 Proof of Claim is crucial for creditors seeking to assert their rights in a bankruptcy case. By avoiding common mistakes, including providing inaccurate information, failing to include supporting documentation, and missing submission deadlines, creditors can enhance their chances of a smooth filing process. Remember to double-check all information, attach relevant supporting documents, and submit your claim on time. By doing so, you can ensure that your claim is properly considered and increase your chances of a successful outcome.

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.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team.

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 information provided in this Brandon’s Blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content of this Brandon’s Blog should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc. as well as any contributors to this Brandon’s Blog, do not assume any liability for any loss or damage resulting from reliance on the information provided herein.

Brandon Blog Post

WHAT HAPPENS TO CREDIT CARD DEBT WHEN YOU DIE? A WIDOW’S HUGE VICTORY

Post author By Brandon Smith
Post date June 17, 2024

what happens to credit card debt when you die

What Happens to Credit Card Debt When You Die? Introduction

What happens to credit card debt when you die? Credit card debt can’t follow you to the grave but it does live on. It is paid off from estate assets. But if there are no or insufficient assets in the Estate, what then? The traditional thinking and what the bank’s documents say is, that it becomes the responsibility of a joint account holder. That is certainly the advice we gave in our 2019 Brandon’s Blog titled: CREDIT CARD DEBT AFTER DEATH IN CANADA: WHO IS RESPONSIBLE?

Remember that classic hit “I Fought the Law” with the epic line, “I fought the law and the law won”? This tune, penned by Sonny Curtis of the Crickets, got a killer cover by the Bobby Fuller Four, hitting the top ten charts back in 1966. Their rendition even snagged a spot at No. 175 on Rolling Stone’s list of The 500 Greatest Songs of All Time in 2004. And to top it off, the Rock and Roll Hall of Fame dubbed it one of the 500 “Songs that Shaped Rock” that same year. Talk about a rock ‘n’ roll anthem! This Brandon’s Blog is about a widow who fought the law and the widow won!

In a recent legal case at the Supreme Court of British Columbia, the Royal Bank of Canada faced off against Carol Smith (no relation to us) in a debt dispute over a Royal Bank Visa credit card balance. The case delves into intricate details, including the primary issue of Mrs. Smith’s liability for the debt accumulated on the credit card. Let’s dissect the facts, arguments, and final judgment in this high-stakes legal showdown.

What Happens to Credit Card Debt When You Die? Credit Card Debt and Death

How Credit Card Debt Is Handled After Death

Two weeks ago, I wrote the Brandon’s Blog: HOW TO PAY OFF CREDIT CARD : CANADIANS NAVIGATING TO HUGE CREDIT CARD DEBT CRISIS. That blog dealt with issues facing credit card holders when they are alive and their unpaid debt, not about a deceased person.

When someone passes away with outstanding credit card debt, the responsibility for repayment typically falls to the deceased’s estate. The Estate Trustee is responsible for notifying creditors of the death, as well as determining the total amount of debt owed and using the assets of the estate to settle the debts.

If the deceased’s estate is unable to cover the full amount of debt, or even before the bank makes that determination, it will make a demand on any joint account holder or supplementary credit card holder. Individuals need to plan and consider the impact of their credit card debt on their estate to ensure a smooth and orderly resolution of their financial affairs after their passing.

Impact of Credit Card Debt on the Estate

Credit card debt can have a substantial effect on an individual’s estate. Creditors possess the legal entitlement to assert claims against the estate to have their outstanding debts paid from its assets. The Estate Trustee is required to adhere to a specific protocol ensuring all estate debts are properly identified, resulting in a delay before beneficiaries can anticipate receiving their allocated shares from the estate. Settlement of estate debts consequently diminishes the total amount distributed to each beneficiary.

If estate debts exceed the value of the estate, the Estate Trustee is well advised to put the estate into bankruptcy and allow whatever assets there are to pay for the bankruptcy process. This will protect the Estate Trustee given his or her liability taken on by being the Estate Trustee. It will also allow the estate assets to be administered according to the law by a licensed insolvency trustee to treat all creditors fairly.

What Happens to Credit Card Debt When You Die? Dealing with Credit Card Debt After Death

Checking for Life Insurance Coverage

The appointed Estate Trustee is advised to promptly inform creditors of the deceased person’s passing and explore any potential insurance coverage that may apply. It is recommended to engage the services of a financial advisor or legal expert to effectively navigate the intricacies involved in settling credit card debt post-mortem. By conducting a comprehensive review of insurance policies and seeking professional assistance, individuals can adeptly handle and resolve any outstanding debt obligations left by the deceased individual.

It is important to first check if the deceased had any insurance coverage that may help cover outstanding debts. This includes checking for credit card balance insurance, mortgage insurance, or any other relevant life insurance policy that may provide coverage. It is advisable to contact the relevant credit card companies, the bank that holds the mortgage and any insurance providers to whom the deceased’s records show payments were made.

Selling Assets to Pay Off Debt

The obvious option in dealing with the debts of the estate when there are sufficient assets, is selling enough of them to pay off the debt. This process involves identifying any valuable assets left behind by the deceased, such as real estate, vehicles, or investments, and liquidating them to generate funds to settle the outstanding debts.

It is essential to collaborate closely with qualified professionals to ensure the legal and ethical execution of this process. By liquidating assets to settle credit card debt and other secured debt or unsecured debt posthumously, one can effectively manage the financial matters of the deceased and facilitate the distribution of remaining assets per the decedent’s directives.

Things become more involved if the deceased wishes specific assets to go to certain beneficiaries, rather than just the cash generated from the sale of all the assets.

The above information is standard for any Estate Trustee to follow, including when we act as an Estate Trustee. But what is the credit card issuer’s position if there is a joint credit card holder? That is what the case of Royal Bank of Canada v. Smith, 2024 BCSC 963 from the Supreme Court of British Columbia is all about.

What Happens to Credit Card Debt When You Die? Introduction to the Case

Let’s dive into the intriguing case between the Royal Bank of Canada (RBC) and a widow, Carol Smith. This legal battle has caught my attention not so much due to the complexities surrounding the debt dispute, but because of the parties involved. Let me walk you through the overview, disputes, and RBC’s application for summary judgment in this case.

Parties Involved

Firstly, we have RBC, the largest financial institution in Canada with a wide reach and unlimited resources. On the other side, we have the widow Carol Smith, the defendant in this case. The contrast between a gargantuan bank and an individual defendant adds an interesting dynamic to this legal conflict.

Debt Dispute and Amount

The crux of the matter lies in a debt dispute over a substantial amount. RBC claimed that Carol Smith owes a total of $51,764.09, including the principal amount and accrued interest on a credit card debt. This significant sum raises questions about the circumstances leading to this debt and the responsibilities of the parties involved.

The bank said the defendant applied for the credit card on February 14, 2001. The deceased Mr. Smith incurred the vast majority of charges on the credit card, and Mrs. Smith made her first charge on June 1, 2015. Over time, the credit limit on the credit card increased, and as of August 25, 2016, the credit limit was $24,000.

The Smiths paid off their monthly credit card balance in full for the first few years, but in late 2016 the balance slowly began to rise. By late 2017 the balance was over the credit limit, and in January 2018 the credit limit was increased to $28,000. Page 7 The last new charges on the card were made in May 2018, and the last automatic payment was made on October 19, 2018.

Purpose of Plaintiff’s Application

The RBC as plaintiff filed for summary judgment under Rule 9-7 of the Supreme Court Civil Rules. This application seeks a swift resolution to the dispute, considering the substantial sum at stake and the nature of the issues involved.

Carol Smith acknowledged the suitability of a summary trial, paving the way for a focused legal process to determine the outcome. Her position was that she rarely used her RBC Visa Credit Card, but when she did, she believed she was an authorized user on her husband’s credit card and he was solely responsible for all balances.

Obviously, like every other court case, it comes down to the evidence.

What Happens to Credit Card Debt When You Die? Facts and Evidence Presented

As I delve into the details presented before the court, which involved the Royal Bank of Canada and the defendant, Carol Smith, a clear picture emerges regarding the credit card dispute at hand. The key elements of the case are:

Details of the primary cardholder and the credit card application: The primary cardholder of the credit card in question was Mrs. Smith’s late husband, Alfred Smith. Upon his passing, the focus shifted to determining Mrs. Smith’s liability for the debt accumulated on the card.
Analysis of the Cardholder Agreement terms and obligations: A meticulous review of the Cardholder’s Agreement terms revealed the responsibilities associated with being a co-applicant or an authorized user. The bank relied upon what it stated were the standard definitions and clauses within the credit card agreement.
Examination of the evidence presented by both parties: The court meticulously examined the evidence put forth by both the plaintiff and the defendant. This included witness testimonies, documentation, and arguments presented to ascertain the facts surrounding the case.

From the application process to the complexities of the Cardholder’s Agreement, each element was meticulously scrutinized to determine the liability of the defendant in the outstanding debt matter. Evaluating evidence and legal arguments provided a comprehensive view of the case, offering insights into the intricacies of credit card disputes and contractual obligations.

What Happens to Credit Card Debt When You Die? Legal Analysis and Arguments

The courtroom environment, characterized by its atmosphere of anticipation and adherence to procedural rules, provides a structured platform for a thorough analysis and scrutiny of the pertinent facts in question.

Evaluation of Mrs. Smith’s Liability and Contractual Obligations

The crux of the matter lies in determining whether Mrs. Smith, as the widow of the primary cardholder, is indeed liable for the substantial debt accumulated on the credit card. The legal framework, as outlined in the Cardholder’s Agreement, forms the basis for defining the extent of her obligations.

The Bank contended that Mrs. Smith, by accepting and using the credit card, implicitly agreed to be bound by the terms and conditions outlined in the Cardholder’s Agreement. However, Mrs. Smith vehemently denies ever applying for the credit card or consenting to its terms, raising crucial questions regarding the validity of her liability.

Comparison with Similar Cases and Legal Precedents

In legal matters as complex as this, precedent plays a significant role in shaping the outcome. Drawing parallels with previous cases, such as Royal Bank of Canada v. Klassen, 2013 BCSC 631 (CanLII), sheds light on the importance of clarity in determining co-applicant status and consent to credit limit increases.

Through a comparative analysis of these cases, it becomes evident that the burden lies on the bank to substantiate Mrs. Smith’s status as a co-applicant and prove explicit consent to credit limit enhancements. Failure to meet this burden could sway the decision in favour of the defendant.

The interpretation of the Cardholder’s Agreement, particularly concerning credit limits and consent to increases, emerges as a focal point in the legal discourse. The agreement’s language regarding express consent to credit limit enhancements becomes a pivotal factor in determining liability.

As I navigate through the nuances of contractual interpretation, the obligation to review monthly statements and identify errors within a specified timeframe adds a layer of complexity to the case. Mrs. Smith’s adamant denial of ever applying for the credit card underscores the need for concrete evidence to establish her contractual obligations.

In the intricate web of legal analysis and arguments, every detail matters. The meticulous examination of Mrs. Smith’s liability, comparison with legal precedents, and interpretation of the Cardholder’s Agreement paint a vivid picture of the intricate tapestry of the legal system.

What Happens to Credit Card Debt When You Die? Comparison with Previous Cases

As I delve into the details of the current case at hand, I can’t help but draw parallels to a significant legal precedent – the Royal Bank of Canada v. Klassen case. This previous case holds valuable insights and implications that can greatly impact the current judgment.

RBC claimed that its normal practice in the credit card application process was to send a copy of the Cardholder’s Agreement to the cardholders together with the credit cards. RBC further stated that Mrs. Smith breached her agreement with it and that Mr. and Mrs. Smith are jointly and severally liable for the amount owing.

Mrs. Smith denies being a co-applicant and submits that she never expressly consented to any increases to the credit limit. Mrs. Smith denies ever applying for a Bank credit card and further denies ever agreeing to the terms of the Cardholder’s Agreement. If she were a co-applicant, Mrs. Smith or Mr. Smith would need to have given express consent to the credit limit increases.

Reference to the Royal Bank of Canada v. Klassen Case and Its Implications

Looking back at the Royal Bank of Canada v. Klassen case, it becomes evident that there are striking similarities in the issues raised. In that case, the Bank sought judgment against Mr. Klassen for a credit card issued to Ms. Faa. Mr. Klassen’s defence rested on the premise that he was only an additional user on Ms. Faa’s account, not a co-applicant.

The Court’s ruling in the Klassen case highlighted the importance of clear documentation and evidence. As Mr. Klassen denied signing the Co-Applicant Form, the Bank’s failure to produce this crucial document cast doubt on the entire case. The Court ultimately sided with Mr. Klassen due to the lack of concrete evidence supporting the Bank’s claims.

Analysis of the Similarities and Differences in the Two Cases

Now, shifting the focus to the current case, the Court grappled with similar contentious points. Just like in the Klassen case, the issue of co-applicant status and liability comes to the forefront. The bank’s assertions regarding Carol Smith’s involvement with the credit card and the associated liabilities raise key questions that need to be addressed.

One notable similarity between the two cases lies in the burden of proof placed on the bank. In both instances, RBC is tasked with substantiating the claims against the defendants. However, the nuances in each case, particularly regarding the application process and consent to terms, present distinct differences that warrant careful examination.

what happens to credit card debt when you die

What Happens to Credit Card Debt When You Die? The Final Judgment

Reflecting on the case of Royal Bank of Canada v. Smith, it is essential to delve into the intricate details that led to the final judgment and conclusion, which holds immense significance for all parties involved.

Summary of the Court’s Decision and Reasoning

Having closely examined the evidence presented before the court, it became evident that RBC sought a substantial sum from Mrs. Smith, following the debt accumulated on a credit card. However, after a thorough analysis, it was concluded that the bank failed to produce the actual documentation to establish Mrs. Smith’s liability for the outstanding balance and accrued interest on the card. The court meticulously considered the Cardholder’s Agreement terms, the lack of concrete evidence, and the nuances of Mrs. Smith’s involvement in the credit card application.

Implications of the Judgment on the Parties Involved

The judgment in this case carries profound implications for both the Royal Bank of Canada and Mrs. Smith. It underscores the importance of clear documentation, individual liabilities, and the burden of proof in financial disputes. The Bank’s evidence was what the normal practice of the bank is and what the Cardholder’s Agreement says. However, there was one big problem. RBC was unable to provide a cogent explanation for the Bank’s failure to produce the actual application for Mrs. Smith’s credit card.

For the bank, it serves as a reminder of the necessity to adequately substantiate claims and prove liabilities. On the other hand, for Mrs. Smith, it signifies a just outcome that vindicates her in the face of financial allegations.

What Happens to Credit Card Debt When You Die FAQs

The answers below of course must be considered with the above case in mind.

What happens to credit card debt after death in Canada?

The treatment of credit card debt upon death remains consistent in Canada. It is typically settled using funds from the deceased individual’s estate. In cases where a co-signer is present on the credit card account, they may assume responsibility for the full amount owed.

What happens to debt if someone dies with no estate?

In the circumstance where an individual passes away with outstanding debts and lacks sufficient assets to settle them, typically, those debts will remain unpaid. An exception to this would be if the deceased had jointly signed for the debt with another party, in which case the co-signer would assume responsibility for repayment of the remaining balance.

Do not pay back a creditor if it’s not a requirement. Is this true for credit card debt after death?

Creditors have the legal right to pursue the assets of the deceased individual’s estate to settle outstanding credit card debts post-mortem. It is important to note that the obligation to settle these debts generally does not extend to other family members unless they have specifically co-signed on the credit account in question.

Can credit card debt be transferred to another party after death?

Credit card debt is not transferable to another party unless that party was a co-signer on the account or as part of a joint account. Following the passing of the account holder, the responsibility for settling the credit card debt lies with the deceased’s estate, which must address this obligation before distributing assets to beneficiaries.
what happens to credit card debt when you die

What Happens to Credit Card Debt When You Die Conclusion

One of the pivotal takeaways from this case is the significance of contractual obligations and the need for explicit consent in financial agreements. More importantly, it shows the need to be able to produce the actual documents you are relying upon. It underscores the critical role of evidence and clarity in establishing liabilities. Additionally, it highlights the importance of due diligence in legal proceedings and the weight of proof in matters of debt and financial responsibility.

I hope you enjoyed this what happens to credit card debt when you die 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.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team.

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 information provided in this Brandon’s Blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content of this Brandon’s Blog should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc. as well as any contributors to this Brandon’s Blog, do not assume any liability for any loss or damage resulting from reliance on the information provided herein.

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Brandon Blog Post

REAL ESTATE RECEIVER NAVIGATES REAL ESTATE INSOLVENCY: A COMPREHENSIVE GUIDE

Post author By Brandon Smith
Post date June 10, 2024

real estate receiver

Real Estate Receiver Introduction to Real Estate Insolvency

Commercial real estate markets are constantly evolving, and with the recent upswing in defaulted real estate loans on commercial properties, lenders and borrowers are facing unprecedented challenges. I have observed the current market conditions from our ongoing real estate receiver files with keen interest. The landscape is evolving, presenting both challenges and opportunities for developers, lenders and real estate investors alike.

In this Brandon’s Blog post, from my perspective as a real estate receiver, I delve into the intricacies of the growing sector of real estate insolvency, offering (hopefully) valuable insights for both owners and lenders. This includes the challenges faced by developers, the growing demand for remedies in distressed properties, and the overall market dynamics. Join me as I explore the remedies available to navigate through these turbulent times.

Real Estate Receiver Overview of the Current Market Conditions

The real estate sector is currently navigating through dynamic market conditions that have been shaped by various factors. The recent upswing in defaulted commercial real estate loans serves as a signal of a continued downward trend in the market cycle. Developers, especially those with ongoing residential condominium projects, find themselves particularly vulnerable to unexpected upheavals.

Challenges Faced by Developers with In-Progress Projects

Developers face challenges during the construction phase. Delays, spiking costs, and inflation in construction expenses have eroded profit margins, leading to financial strains on developers.

Developers of residential real estate typically need to presell a significant portion of units to secure financing.
Construction cost inflation and pandemic-related disruptions have further complicated project economics.
Delays in construction schedules have been a common occurrence.

Developers in the real estate market are struggling with unprecedented challenges, with many facing insolvency issues. Adapting to changing market conditions and mitigating financial risks has become paramount. Legal experts note a growing demand for remedies across all types of distressed properties, highlighting the urgency in finding solutions to support developers and real estate investors.

Developers must navigate these challenges effectively by exploring various options such as mezzanine lending, private lending, and workout agreements. The evolving market dynamics require a proactive approach to address financial distress and ensure the successful completion of projects.

Growing Demand for Remedies in Distressed Properties

The growing demand for remedies in distressed properties underscores the need for collaborative efforts between lenders and borrowers to resolve defaults. Workout agreements and restructuring of loans offer potential solutions to mitigate financial risks and stabilize projects facing insolvency.

“It’s essential to establish trust and cooperation between borrowers and lenders to navigate through financial challenges effectively.”

Partnerships such as the conversion of mezzanine loans into equity demonstrate innovative approaches to address insolvency issues and support project completion. By exploring alternative solutions, stakeholders in the real estate sector can work towards sustainable outcomes and mitigate potential losses.

Real Estate Receivership: Challenges in Residential Condominium Economics

In my role as a real estate receiver, I am intrigued by the complexities of residential condominium project economics, particularly in the face of obstacles such as construction delays and escalating costs. These variables can substantially affect the financial viability of such projects, necessitating developers to implement targeted risk mitigation strategies.

Impact of Construction Delays and Cost Inflation

One of the most critical aspects affecting condo projects is the occurrence of construction delays and cost inflation. During the construction phase, when financing is fixed, any delays can lead to financial strain as developers cannot generate income until the project’s completion. Typically, developers aim to presell a significant percentage of units to secure financing. However, the recent spike in construction costs, coupled with delays, has eroded profit margins.

Statistics Canada reported substantial inflation in construction costs.
Delays in project timelines can lead to increased expenses and reduced profitability.
Preselling units becomes challenging when costs cannot be accurately predicted.

Strategies for Developers to Mitigate Financial Risks

Developers facing these challenges must consider various strategies to safeguard their investments and navigate through uncertain economic conditions. Some effective risk mitigation strategies include:

Diversifying funding sources to reduce dependency on a single financing option.
Implementing robust project management techniques to minimize delays and cost overruns.
Engaging in transparent communication with stakeholders to manage expectations effectively.
Conversion of mezzanine loans into equity.

Real Estate Receiver: Power of Sale vs. Foreclosure Process

When it comes to handling defaulting real estate loans, there are various legal mechanisms available to lenders and borrowers to manage real property insolvency situations effectively without the need for a real estate receiver. In this section, I will compare the processes of power of sale and foreclosure, explore key scenarios where each approach may be beneficial, and discuss the legal considerations that both lenders and borrowers need to take into account.

Comparison of Power of Sale and *Foreclosure Proces**ses*

Both power of sale and foreclosure are methods that lenders can use to recover funds from defaulted borrowers. The key difference between the two lies in the execution and outcome of the process.

Power of Sale: This approach allows lenders to sell the property without involving court proceedings. It is authorized under Ontario’s Mortgages Act and is generally faster and less costly compared to foreclosure. Lenders have the right to sell the property to recoup the outstanding debt, with any surplus earnings returned to the borrower and any shortfall being the responsibility of both the borrower and any guarantors of the borrower’s mortgage financing.
Foreclosure: In a foreclosure action, lenders take ownership of the property in exchange for the debt owed. This process involves court proceedings, starting with a statement of claim issued by the creditor. Foreclosure can be challenged by the borrower, and in some cases, the court may convert it to a judicial sale, allowing other parties to benefit from any potential surplus proceeds.

Key Scenarios for Each Approach

The choice between the power of sale and foreclosure may depend on the specific circumstances of the defaulting loan and the goals of the lender or borrower.

Power of Sale: This method is often preferred when quick action is required to recover funds. It is suitable for situations where the market value of the property is likely to cover the debt, and lenders want a faster resolution.
Foreclosure: Foreclosure may be more appropriate when the debt exceeds the property value, or when disputes regarding the validity of a sale are likely. Turning foreclosures into judicial sales provides added oversight and protection for borrowers, allowing for a fair distribution of proceeds.

Legal Considerations for Lenders and Borrowers

Both lenders and borrowers need to navigate various legal requirements and considerations when dealing with the power of sale and foreclosure processes.

Lender Responsibilities: Lenders must adhere to statutory and contractual obligations, including providing notification to borrowers and ensuring fair market value in property sales. They have the right to pursue borrowers for any remaining debt after the property sale.
Debtor Rights: In cases of insolvency, borrowers have the right to contest the sale and request evidence of its legitimacy. They may insist that lenders provide proof that the sale price accurately reflects the property’s true market value, supported by appraisals and appropriate marketing efforts.

The decision between utilizing the power of sale and pursuing foreclosure should be based on the specific circumstances of the defaulted loan, the characteristics and interests of all involved parties, and the desired outcomes for both lenders and borrowers. A comprehensive understanding of the variances and consequences associated with each approach is essential for effectively navigating insolvency scenarios within the real estate sector.

Real Estate Receiver: Workout – The Collaborative Solution

As a real estate receiver, I believe it’s crucial to understand the various mechanisms available to address mortgage defaults and insolvency in addition to a real estate receivership enforcement action in dealing with real estate assets. One such approach that has traction in the right circumstances in dealing with a real estate distressed asset is the concept of workouts as a collaborative solution to resolving defaults. Let’s delve into the key components of a workout plan and forbearance agreements.

Exploring the Concept of Workouts as a Collaborative Approach

When creditors and debtors face insolvency or defaults, engaging in a workout plan can offer a mutually beneficial solution. Unlike traditional enforcement measures like foreclosure or power of sale, workouts emphasize collaboration and finding a middle ground that works for both parties. This approach is based on trust, cooperation, and a shared goal of resolving financial difficulties.

Key Components of a Workout Plan and Forbearance Agreements

A workout plan typically involves amending the original loan agreement or creating a forbearance agreement to outline the terms and conditions for resolving the default. It requires a thorough assessment of the situation, a solid plan to address the financial issues, and a commitment to openness and transparency between the borrower and lender. By setting clear objectives and timelines, both parties can work towards a viable solution that avoids costly legal proceedings.

*Real Estate Receiver**: A Detailed Overview of a* *Real Estate Receiver**ship*

When comparing receivership with judicial sales and foreclosure processes, it becomes apparent that each approach has its unique advantages and challenges. Receivership, often court-appointed, involves a licensed insolvency trustee acting as the receiver overseeing the property’s recovery and sale to recoup funds owed. While more time-consuming and costly than the power of sale or foreclosure, court-appointed receivership offers a structured way to handle complex real estate insolvencies. Due to the complexity, a real estate receiver requires extensive powers from the court.

Challenges and benefits arise for both lenders and borrowers in the realm of receivership. Lenders may face the risk of insufficient property sale proceeds, prompting the pursuit of borrowers for remaining loan amounts. On the flip side, borrowers have the legal right to challenge the validity of a power sale and must ensure the property’s sale price reflects its market value to protect their interests.

Receivership serves as a court-supervised controlled process that aims to maximize gross sales proceeds and prioritize creditors’ claims transparently and efficiently. By applying to the court to appoint a receiver to handle property recovery and distribution, the complexities of insolvency can be managed effectively, safeguarding the interests of all stakeholders involved.

What is a receivership and how does it function in Canada’s legal framework?

Within the legal landscape of Canada encompassing matters of commercial contention, there is the intricate notion of receivership. This process entails the designation of one of the two types of receivers; either a privately-appointed receiver or a court-appointed receiver. A receiver is vested with the authority to assume dominion over a business’s array of assets and properties. This authority arises from situations of monetary default on their secured loans.

It is prudent to retain awareness that the role of a receiver can only be filled by a licensed trustee for assuming the mantle of a receiver within the confines of Canada’s legal expanse.

The fulcrum upon which the inception of the receivership mechanism pivots is usually the inability of secured creditors to recoup their financial outlay from a debtor, who in turn is incapacitated in discharging its pecuniary obligations.

The receiver becomes vested with the possession and control of the assets, affects their liquidation, and subsequently allocates the ensuing sale proceeds among the cadre of creditors within the hierarchy delineated by the legal ladder of priority of claims. A court-appointed real estate receiver may also need to retain other real estate experts such as property managers, appraisers and real estate agents.

As an instrumental constituent of the commercial legal architecture in Canada, the receivership process endeavours to safeguard the vested interests of both creditors and debtors. It offers creditors the avenue to recoup either the entirety or a portion of their outstanding amounts due.

Concurrently, beleaguered commercial entities are afforded the prospect of either orchestrating a financial reconfiguration that extricates them from the quagmire of their fiscal problems or facilitating the divestiture of assets with the aspiration of facilitating the uninterrupted continuity of the business, but under new ownership. It, therefore, emerges as an indispensable instrument within the gamut of the Canadian legal paradigm, upholding the equilibrium of economic constancy.

Who is an approved buyer in the context of a receivership sale?

In the detailed context of a receivership sale, an approved buyer describes an individual or entity that has effectively met the specific requirements stated by the designated receiver. These standards encompass a variety of variables, including financial disclosure, a shown understanding of the sale’s terms and conditions, and the tried and tested capacity to finalize the purchase quickly. Usually, the recognition of an approved buyer takes place within a defined bidding procedure, in which potential purchasers compete to meet these developed requirements.

Once identified, an approved buyer ends up being subject to the terms and terms laid out within the sale arrangement. It is the receiver’s responsibility to ensure that the sale is carried out with a commitment to fairness and transparency. This consists of the duty to pick an approved buyer who not only can efficiently wrap up the real estate transaction but also can enhance the overall value of the assets that are being sold.

The fiduciary responsibility of the receiver is paramount throughout this process. The receiver is obliged to act in the very best interests of all parties, which encompasses lenders and other stakeholders. For that reason, the receiver’s duty surpasses the simple identification of an approved buyer; it includes securing the integrity of the sale, guaranteeing fairness for all parties, and ultimately maximizing the value that can stem from the assets being sold within the context of the receivership.

The role of *secured creditor**s and their rights in receiverships*

In the world of Canadian receiverships, secured creditors play an essential function in identifying the destiny of troubled companies. Recognizing their rights is essential in going through this complex landscape. Secured creditors have the legal authority to take enforcement proceedings against the assets covered by their security and have a higher priority in payment contrasted to unsecured creditors. They can either privately appoint or apply to the court for the appointment of a receiver.

The court-appointed receiver acts as a neutral party in charge of taking care of and selling the assets. The secured lenders have the right to challenge court-approved buyers if they think the receivership sale process is unfair or if they have a better deal. Nonetheless, safeguarding their legal rights within receiverships calls for a detailed understanding of the legal complexities and efficient timing associated with receiverships.

A secured creditor plays a crucial duty in the sale process. As the main financial stakeholder given their claim against the secured assets, the secured creditor has a vested interest in the result of the sale procedure. The court-appointed sale procedure includes the marketing and sale of the debtor’s assets and properties, which inevitably establishes the amount of funds that will be available to pay against the secured debt.

For that reason, the secured lender has a significant interest in guaranteeing that the sale procedure is conducted in a way that optimizes the recuperation of funds. The secured creditor’s beneficial interest in the sale procedure is shown in their capability to approve or reject the sale of assets in a private appointment and carries a level of weight with the court for a court-approved sale. This power allows them to protect their economic interests and ensure the very best feasible result from the sale process.

The timelines and stages of a receivership sale: The role of the approved buyer in Canadian receiverships

In Canadian receiverships, the role of the approved buyer is essential to the successful outcome of a receivership. In a court-appointed receivership, approved buyers are court-approved purchasers who typically offer the highest and most beneficial bid for the debtor company’s assets. They play a crucial role in maximizing the value of the distressed company and ensuring the best outcome for all parties involved. Their timely participation in the receivership process is instrumental in achieving sale finality and ultimately shaping the fate of the distressed entity.

In the world of Canadian receiverships, the involvement of court-approved buyers functions as a cornerstone in supporting an equitable and clear process. This essential process makes certain that every interested party can take part in the bidding process for the assets being sold. The result of this bidding process finishes with the choice of the best overall bidder. This mechanism of operation is rooted in concepts of justness, striving to eliminate any type of unnecessary benefit that a solitary party might have over others.

When a company is placed into receivership, the assigned receiver assumes command over the assets as well as operational elements of the business. The purpose behind the orchestration of a receivership sale revolves around the liquidation of the firm’s holdings to get them out of the insolvent troubled company and into the hands of a buyer who can maximize their value. The timing and stages integral within receiverships have a level of fluidity depending upon the intricacy and complexity of the business’s operations and assets.

Generally, the receiver’s starting point is the meticulous groundwork and strategy in setting up the sale procedure. Typically, the initial stage involves the preparation and marketing of the sale of the assets. This is followed by the negotiation and acceptance of offers from interested parties. In court-appointed receiverships, once an offer is accepted, the sale is subject to court approval and then the transfer of ownership is completed.

As this complex process unravels, the receiver must follow rigid lawful as well as regulatory requirements, thereby promoting an environment of impartiality and transparency that emphasizes a fair sale process. In its totality, the underlying purpose of a receivership sale opens up as the optimization of the company’s asset values, a pursuit carried out in the service of all stakeholders’ well-being.

Real Estate Receiver: What the Court Requires To Approve A Real Estate Receivership Sale

Being involved as a bidder in real estate receivership sales can be both exciting and daunting, laden with unique challenges and opportunities. Let’s delve into the intricacies of what the Court requires for the legal process to approve a particular sales process and sale of assets when the company is in receivership.

The Soundair principles

The Soundair principles are a collection of lawful standards developed by the Court of Appeal for Ontario in 1991 in the case of Royal Bank of Canada v. Soundair Corp., 1991 CanLII 2727 (ON CA). All Canadian courts follow these principles.

The Soundair principles are aimed at creating fairness and transparency in the sale of assets throughout real estate receivership cases. Thirty-one years later, it is still the leading case in Canadian insolvency asset sales rules and regulations. These concepts guide courts in evaluating whether the sale procedure carried out by a receiver has been fair and suitable.

Here are the Soundair principles in detail:

Diligent Efforts to Secure the Best Price: The receiver/trustee is obliged to exert sensible efforts to secure the highest possible price for the assets for the general benefit of creditors. This entails thoroughly advertising the assets for sale, soliciting competing bids, and ensuring that prospective purchasers have sufficient information to submit proper offers to purchase. The goal is to get the highest sales price possible under the circumstances, to maximize the return for the benefit of creditors.
Fairness and Integrity in the Sale Process: It is essential to give all interested parties an equivalent opportunity to join the sales process and to avoid any potential purchaser from obtaining an unreasonable edge. Transparency and impartiality are vital, and conflicts of interest cannot be tolerated.
All Stakeholders’ Interests: The receiver/trustee must look out for the interests of all parties, secured creditors and unsecured creditors, shareholders, and any other appropriate stakeholders. It is very important for the licensed insolvency trustee to avoid preference for any party and to strive for a fair equilibrium of the interests among everybody affected because the company is insolvent.
Input from significant creditors: This is a crucial consideration for the licensed insolvency trustee. While the trustee retains the ultimate decision-making authority, it is essential to carefully weigh and consider the recommendations and preferences of major creditors. Given that these creditors will bear financial implications based on the sale outcomes, their input carries substantial significance in the decision-making process.

Application of the Soundair principles

In practice, when a sale of assets is held because the company is in receivership, there are two stages of court review. First, the licensed insolvency trustee needs to get approval for the actual sales process itself. Then, the Court will review the process as implemented by the licensed insolvency trustee.

The Court’s reviews are to ensure conformity with these Soundair principles. This is the case if this is not a sale at arm’s length purchaser. The court will take into consideration the following elements:

Marketing Efforts: How the assets were advertised and marketed, including the period and reach of the advertising and marketing initiatives.
Number and Quality of Offers: The variety of offers obtained and whether they reflect reasonable market price. To assist the Court in determining the reasonableness of the offers received, the Trustee must provide evidence to the Court. An independent appraisal of the assets and other market data is the normal kind of evidence usedwhat a fair valuation of the assets is.
Transparency: Whether the sale process was conducted fairly and transparently, with appropriate details provided to all possible purchasers.
Stakeholder Consultation: Whether the licensed insolvency trustee has spoken with and taken into consideration the views of significant creditors and other stakeholders.
Authorization of Sale: Whether the proposed sale is supported by the significant creditors or as a minimum, is not being opposed.

The Soundair principles assist when a company is in receivership, in guaranteeing that the sale of assets in an insolvency context is carried out in a fashion that maximizes value, keeps fairness, and appreciates the interests of all the major stakeholders. By adhering to these concepts, the court aims to supply confidence in the integrity and fairness of the process and protect the rights of all stakeholders.

Real Estate Receiver FAQs on Real Estate Receivership and Insolvency

What is a Real Estate Receiver? Answer: A real estate receiver is a court-appointed licensed insolvency trustee individual or firm responsible for managing, operating, and sometimes selling a property that is in financial distress. The receiver acts as a neutral third party to preserve the value of the property for the benefit of creditors and stakeholders.
What is Real Estate Insolvency? Answer: Real estate insolvency occurs when a property or the owner of a property is unable to meet financial obligations. This often leads to legal proceedings where creditors seek to recover owed amounts, potentially resulting in foreclosure or receivership.
When is a Receiver Appointed in Real Estate Cases? Answer: A receiver is typically appointed when a property is in financial distress, and there is a risk of losing significant value. This can occur during foreclosure proceedings, bankruptcy cases, or other situations where the property’s income and management are compromised.
What Are the Duties of a Real Estate Receiver? Answer: The responsibilities of a real estate receiver encompass overseeing the daily activities of the property, collecting rental payments, maintaining the property, facilitating required repairs, and occasionally coordinating the property’s readiness for potential sale. The primary objective of the receiver is to optimize the property’s value and uphold equitable treatment of all stakeholders.
How Does the Receivership Process Work? Answer: The receivership process commences upon the issuance of a court order appointing a receiver. The receiver assumes control of the property, evaluates its condition, and executes a management strategy. Regular reports are submitted to the court, and the receiver adheres to the court’s instructions until the property is stabilized, sold, or resolved in another manner.
What Are the Benefits of Appointing a Receiver? Answer: Appointing a receiver offers numerous advantages, including the stabilization of distressed properties, prevention of waste and loss, and provision of a neutral party to impartially manage the property. This can prove highly beneficial to creditors, owners, and tenants alike, safeguarding the property’s value and potentially optimizing its worth.
Can Property Owners Regain Control of Their Property After Receivership? Answer: Yes, property owners can regain control of their property if they resolve the financial issues and the court approves the termination of the receivership. This often requires paying off debts, restructuring finances, or meeting other conditions set by the court.
What Happens to Tenants During Receivership? Answer: Tenants generally continue their leases under the receivership. The receiver collects rents and manages the property as usual, ensuring that the property remains operational. Tenants may experience improved management and maintenance under a receiver’s oversight.
How Are Receivers Compensated? Answer: Receivers are compensated from the income generated by the property or from the proceeds of a property sale. Their fees and expenses must be approved by the court and are given priority over both secured and unsecured creditor claims by the court.
What Is the Difference Between Receivership and Foreclosure? Answer: Receivership and foreclosure are distinct legal processes in real estate management. Foreclosure refers to a legal action taken by a lender to recover the outstanding loan balance from a borrower who has defaulted on payments, often leading to the sale of the property. On the other hand, receivership entails the appointment of an impartial third party to oversee and stabilize the property, to potentially prevent foreclosure, maintain the property’s value and ultimately sell it.
Can a Receiver Sell the Property? Answer: Yes, a receiver can sell the property if authorized by the court. The sale process is usually supervised by the court to ensure it is conducted fairly and that the proceeds are distributed according to the court’s directives.
What Challenges Might a Receiver Face? Answer: Challenges include dealing with neglected maintenance, unpaid taxes, existing liens, tenant disputes, and market conditions. The receiver must navigate these issues while adhering to legal requirements and court orders.
How Long Does a Receivership Last? Answer: The duration of a receivership is contingent upon the intricacy of the case, the state of the property, and the objectives of the receivership. The timeline can range from several months to multiple years.
Who Can Request the Appointment of a Receiver? Answer: Interested parties such as creditors, lienholders, property owners, or other relevant entities have the option to seek the appointment of a receiver. The court will evaluate such requests by taking into account the specific circumstances and the necessity of safeguarding the property’s value.

These FAQs provide a comprehensive overview of key concepts related to real estate receivership and insolvency.

Real Estate Receiver Conclusion

I hope you have enjoyed this real estate receiver 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.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team.

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 information provided in this Brandon’s Blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content of this Brandon’s Blog should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc. as well as any contributors to this Brandon’s Blog, do not assume any liability for any loss or damage resulting from reliance on the information provided herein.

Brandon Blog Post

HOW TO PAY OFF CREDIT CARD: CANADIANS NAVIGATING TO HUGE CREDIT CARD DEBT CRISIS

Post author By Brandon Smith
Post date June 3, 2024

how to pay off credit card

How to pay off credit card: Introduction to understanding the credit card debt crisis in Canada

The financial services researchers at TransUnion Canada (TransUnion) have recently reported a concerning trend among Canadians. Many households struggle to keep up with the rising cost of living and higher interest rates, leading to a significant increase in credit card debt. A recent report revealed that more Canadians are only able to make the minimum monthly payments on their credit cards, indicating a growing financial strain and not knowing how to pay off credit card debt.

The data from the TransUnion report paints a stark picture of the challenges faced by Canadian consumers. With the cost of living on the rise and interest rates climbing, individuals are finding it increasingly difficult to manage their credit card payments. The percentage of Canadians making only the minimum monthly payment has surged, showcasing the financial pressure many households are under.

Stagnant household incomes are failing to keep pace with inflation and interest rate hikes, pushing individuals towards relying on credit cards to bridge the financial gap. This shift in consumer behaviour has significant implications for long-term financial stability and underscores the importance of financial literacy and responsible money management.

The total consumer debt in Canada reached a staggering $2.38 trillion in the first quarter, a notable increase from the previous year. This surge in debt is a result of various factors, including the cost-of-living crisis and the influx of newcomers and Gen Z individuals entering the credit market for the first time.

Particularly concerning is the 30% increase in outstanding credit card balances among the Gen Z cohort compared to the previous year. This uptick highlights the challenges younger consumers face in understanding and managing credit responsibly, making them more vulnerable to financial hardships.

Interestingly, millennials currently hold the largest portion of debt in the country, accounting for about 38% of all debt. This demographic’s increased credit needs as they reach significant life milestones, such as homeownership and starting families, contribute to their substantial debt burden.

Despite these challenges, there is a sense of cautious optimism about the resilience of the Canadian consumer base. While there are concerns about missed payments among vulnerable populations, there is a belief that the market will eventually stabilize. Anticipated interest rate cuts could potentially alleviate some of the financial burdens for households over time.

Managing credit card debt and navigating the complex financial landscape in Canada requires informed decision-making and prudent financial planning. By understanding the factors contributing to the credit card debt crisis and taking proactive steps toward financial health, individuals can work towards achieving greater stability and security in their financial future.

How to pay off credit card: TransUnion Report analyzing the factors leading to credit card debt

Analysis of the percentage of Canadians making minimum *monthly payment**s on* credit cards

One striking revelation from the report is the concerning trend of an increasing number of Canadians resorting to making only the minimum monthly payments on their credit cards. The data indicates that the percentage of individuals opting for this minimum payment approach has risen by eight basis points, now standing at 1.3% compared to the previous year.

This trend paints a picture of households grappling with the mounting cost of living and the surge in interest rates, which poses a significant challenge in keeping up with financial obligations. Stagnant household incomes failing to match inflation and interest rate hikes have pushed many towards relying on credit cards to bridge the widening financial gap.

It is crucial to recognize the implications of perpetually making minimum payments on credit cards and not figuring out how to pay off credit card debt. This habit can easily spiral into accumulating debt and destabilizing one’s financial standing over time. Financial literacy and responsible money management are paramount in navigating these tumultuous waters and ensuring long-term financial stability.

Insights into the total consumer debt in Canada and the trends observed

The total consumer debt in Canada, as outlined in the report, amounts to a staggering $2.38 trillion in the first quarter, demonstrating a slight uptick from the previous year. This surge can be attributed to various factors, with the cost-of-living crisis and the influx of newcomers and Gen Z individuals venturing into the credit market for the first time playing significant roles.

Of particular interest is the notable 30% increase in outstanding credit card balances among the Gen Z cohort from the previous year. This points towards a learning curve for younger consumers as they navigate their initial experiences with credit, potentially rendering them more vulnerable to financial hurdles.

Moreover, millennials emerge as the segment with the largest debt share in the country, responsible for about 38% of the total debt. This can be attributed to their evolving credit needs as they reach pivotal life stages such as homeownership, starting families, and acquiring auto loans.

Despite these challenges, there is a glimmer of optimism regarding the resilience of the Canadian consumer base. While concerns loom over missed payments among vulnerable populations, there is a prevailing belief that the market will eventually stabilize. Anticipated interest rate cuts could alleviate some financial burdens gradually, offering hope for households navigating these financially turbulent times.

However, interest rate cuts will have to be significant for Canadians’ non-credit card debt to free up more cash in their budget to put towards credit card debt. Credit card rates of interest charged will always be high no matter where the Bank of Canada sets rates. So interest rate cuts themselves won’t help people figure out how to pay off credit card debt unless it creates a significant lowering of their non-credit card debt payments.

The financial landscape in Canada is intricate and dynamic, requiring individuals to navigate prudently to secure their financial future. With insightful reports such as this, we are equipped with the knowledge to make informed decisions and steer toward a path of financial stability and security.

How to pay off credit card: Impact on different generations

Credit card debt trends among generations

Gen Z Individuals: The report revealed a substantial 30% increase in outstanding credit card balances for the Gen Z cohort compared to the previous year. This surge signifies that younger consumers are just beginning to navigate the world of credit, learning to utilize it responsibly while meeting their monthly obligations. Gen Z’s entry into the credit market for the first time has significantly contributed to this rise in credit card debt.
Millennials: Currently holding the largest share of debt in the country at about 38%, millennials have distinct credit needs as they progress through significant life stages. As they start families, purchase homes, and take out auto loans, their debt composition has shifted from primarily credit cards to more diverse financial products.
Other Generations: Beyond Gen Z and millennials, other generations display varying levels of credit card debt influenced by their unique financial behaviours and responsibilities. It is crucial to analyze the reasons behind these differing debt levels to gain a comprehensive understanding of the financial landscape across different age groups.

Exploring reasons behind varying levels of debt

Each generation’s approach to credit card debt and how to pay off credit card debt is a reflection of their financial circumstances, habits, and economic conditions. Factors contributing to the varying levels of debt among different age groups include:

Financial Literacy: Understanding personal finance and the implications of credit card usage is essential. Generational differences in financial literacy levels may impact how individuals manage their credit card debt.
Income Disparities: Discrepancies in household incomes across generations can influence debt levels. Higher debt among certain age groups may stem from limited earning potential or challenges in keeping pace with inflation.
Life Stage Expenses: As individuals progress through life stages, such as buying homes or starting families, their financial needs evolve. These transitions can lead to increased credit card usage and debt accumulation.
Economic Conditions: External factors like interest rate fluctuations, cost of living changes, and overall economic stability play a significant role in shaping debt trends among different generations.

By examining these underlying reasons, we can gain valuable insights into the diverse approaches to credit card debt management among Gen Z, millennials, and other generations. It’s essential for individuals to be mindful of their financial decisions, seek financial education, and proactively address their debt to achieve greater financial stability regardless of their age group.

How to pay off *credit card**: Importance of* credit, financial literacy and financial planning

As a licensed insolvency trustee, I understand the importance of financial literacy in managing all debt, including, how to pay off credit card debt. In any consumer insolvency process, it is mandatory for the person going through either a consumer proposal process or a bankruptcy, to attend two credit counselling sessions with me. Individuals must comprehend the implications of only making minimum payments on their credit cards, as it can lead to accumulating debt, financial instability and never being able to know how to pay off credit card debt that is out of control.

Role of financial literacy in managing credit card debt

Financial literacy empowers individuals to make informed decisions about credit card usage.
Understanding interest rates, payment terms, and fees can help in managing credit card debt effectively.
By improving financial literacy, individuals can avoid falling into the trap of only making minimum payments.

Canadians need to prioritize financial health and seek out resources and support to manage debt effectively. By taking proactive steps to address their financial situation, individuals can work towards achieving greater financial stability and security in the future.

Tips for improving financial literacy

Educate yourself on financial terms and concepts to make better money decisions.
Create a budget and track your expenses to understand where your money is going.
Seek guidance from financial experts or attend financial literacy workshops to enhance your knowledge.
Avoid unnecessary debt and practice responsible borrowing and spending habits.
Stay informed about changes in the financial market and adapt your financial strategies accordingly.

By enhancing your financial literacy and making informed financial decisions, you can take control of your credit card debt and secure a more stable financial future. Remember, knowledge is power when it comes to managing your finances effectively.

How to pay off credit card: Strategies for managing how to pay off credit card debt

I have witnessed the challenges that many Canadians face when it comes to how to pay off credit card debt. It’s essential to address this issue effectively to ensure financial stability and security for the future.

One of the key strategies to manage credit card debt is to avoid making only the minimum monthly payments. While it may seem convenient in the short term, it can lead to accumulating debt and financial instability over time. Instead, I recommend paying more than the minimum amount whenever possible to reduce the overall balance.

Furthermore, creating a budget and tracking expenses can help individuals gain a better understanding of their financial situation. By identifying areas where spending can be reduced or eliminated, it becomes easier to allocate more funds toward paying off credit card debt.

Seeking support and resources for debt management is also crucial. Whether it’s through financial counselling services, debt consolidation programs, or online resources, there are various options available to help individuals navigate their debt repayment journey effectively.

Another effective strategy is to prioritize debt repayment by focusing on high-interest credit card balances first. By tackling these debts aggressively, individuals can save money on interest payments and make significant progress towards becoming debt-free.

Lastly, maintaining open communication with creditors can be beneficial. Exploring options such as negotiating lower interest rates or setting up a structured repayment plan can make it more manageable to pay off credit card debt on time.

How to pay off credit card: Navigating the path to financial freedom

For practical tips on how to pay off credit card debt, I invite you to read my January 2021 blog “PAYING DOWN DEBT: MY 7 ESSENTIAL YET EASY HACKS TO BE DEBT FREE“. Here are a few more tips to follow to help keep debt under control.

Establishing healthy *spending habit**s and avoiding excessive debt*

Developing sound spending habits and avoiding excessive debt is crucial for maintaining financial stability and ensuring long-term security. This necessitates exercising discipline and making responsible decisions when it comes to managing one’s finances. Prioritizing essential needs over-indulgent desires and crafting a comprehensive budget that aligns with one’s income and expenses are essential steps in this process.

It is imperative to resist the allure of impulsive purchases and diligently establish a savings plan as a safeguard. Additionally, vigilantly monitoring credit card usage and diligently repaying debts on time can effectively prevent the accumulation of burdensome debt, along with its associated interest and fees. By setting achievable financial objectives and adhering to prudent spending practices, individuals can successfully evade the perils of indebtedness and forge a solid foundation for a financially secure future.

Making timely payments and avoiding credit card balances

Ensuring prompt payment and refraining from accumulating credit card balances are essential for upholding a favourable financial standing. As responsible individuals, comprehending the repercussions of delayed payments and excessive credit card balances on our credit score and overall financial well-being is imperative. By making punctual payments, we not only evade penalties and interest charges but also substantiate our dependability and creditworthiness to lenders.

Consequently, this can yield improved credit terms and future opportunities. Equally significant is the avoidance of burdensome credit card balances, as they can detrimentally impact our credit score and trigger a perilous cycle of indebtedness. Through the practice of prudent expenditure and timely payments, we can accomplish financial stability and establish a robust groundwork for our prospective financial aspirations.

Building a strong credit history and improving credit rating

Establishing a robust credit history and enhancing creditworthiness is paramount for individuals striving for financial stability and future financial prospects. An impeccable credit history showcases prudent financial practices, thereby paving the way for diminished interest rates on loans, increased credit limits, and heightened chances of loan approvals.

To construct a formidable credit history, it is imperative to ensure punctual payments, maintain minimal credit card balances, and refrain from excessive account openings. Furthermore, consistently monitoring credit reports and rectifying any inaccuracies or disparities can significantly bolster credit ratings. By adopting proactive measures and adhering to responsible financial management, individuals can forge a solid credit history and elevate their creditworthiness, thereby securing a more promising financial future.

How to pay off credit card FAQs

What is the best method to pay off credit card debt?

Determining the optimal method for credit card debt repayment is contingent upon individual preferences and financial circumstances. The debt avalanche strategy prioritizes the repayment of debts with the highest interest rates first, whereas the debt snowball approach involves tackling the smallest debts initially. It is recommended to select the method that aligns with your personal goals and is most feasible for you to accomplish promptly.

How can I lower my interest rates on credit card debt?

One effective strategy for reducing interest rates on credit card debt involves consolidating your debt through a lower-interest-rate personal loan. By leveraging this approach, you can potentially minimize interest expenses, accelerate debt repayment, and enhance your financial standing.

What steps can I take to pay off credit card debt quickly?

To pay off credit card debt quickly, it’s important to first review your budget and reconsider daily spending habits. Consider packing a lunch instead of buying one each day and reconsider subscriptions that automatically come out of your account each month. Paying off high-interest debt as soon as possible and paying close attention to bill payments to avoid late charges can also help speed up the debt repayment process. Additionally, organizing your debt and choosing a method like the debt avalanche or debt snowball method can help you pay off debt efficiently.

How to pay off credit card: Conclusion

I hope you enjoyed this how to pay off credit card 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.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team.

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 information provided in this Brandon’s Blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content of this Brandon’s Blog should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc. as well as any contributors to this Brandon’s Blog, do not assume any liability for any loss or damage resulting from reliance on the information provided herein.

Fraud and Misrepresentation: Introduction

Fraud and Misrepresentation: The Core Issues of the Case

The Legal Background of Bankruptcy and Fraud and Misrepresentation

The Bankruptcy and Insolvency Act

Financial Rehabilitation and Fresh Start Principle:

Limits of Financial Rehabilitation:

Section 178(1) Exceptions:

Specific Debt Exemptions:

Interpretation of Court Orders:

Decision on Exemptions:

Section 178(1) Explained

False Pretences or Fraudulent Misrepresentation:

Passing of Property or Provision of Services:

Link between Debt or Liability and Fraud:

Fraud and Misrepresentation: The Appeal To The Supreme Court

The Supreme Court’s Decision

The Supreme Court’s Detailed Analysis of Section 178(1) of the BIA

Differences Between Court-Imposed Penalties and Administrative Fines

Fraud and Misrepresentation: Real-Life Implications for Those Facing Bankruptcy

Fraud and Misrepresentation: The Broader Legal Implications of the Ruling

Fraud and Misrepresentation: Impact on Future Cases

Fraud and Misrepresentation: Conclusion

Liquidating Assets: Introduction

Liquidating Assets: The Bankruptcy and Insolvency Act of Canada

Overview of the Bankruptcy and Insolvency Act Relating To Liquidating Assets

Purpose of liquidating assets in bankruptcy

Liquidating Assets: Role of a Trustee in Liquidation

Duties and Responsibilities of a Trustee

Trustee’s role in asset valuation and sale

Significance of ATB Financial as a Major Secured Creditor Turned Unsecured Creditor

Liquidating Assets: Key Details and Contention Points

Liquidating Assets: Introduction to Dr. Nsair’s Bankruptcy Case

Liquidating Assets: The Registrar’s Decision and Legal Interpretations

Liquidating Assets: Court Ruling and Implications

Liquidating Assets: Lessons Learned

Liquidating Assets: FAQ

Liquidating Assets: Conclusion

Background of Aiden Pleterski: The Rise and Fall of the ‘Crypto King’

The Allegations against Aiden Pleterski

Accusations of Defrauding Investors

Revelations of Extravagant Spending and Running A Bit Of A Ponzi Scheme

Charges of Fraud and Money Laundering

The Lavish Lifestyle of Aiden Pleterski

Aiden Pleterski: Bankruptcy Discharge Options

Aiden Pleterski: Legal Battles and Ongoing Investigations

Bankruptcy Proceedings and Trustee Opposition to Discharge

Uncooperative Behaviour and Attempts to Conceal Assets

Challenges in Accessing Financial Accounts and Undisclosed Income Sources

Use of Scene points to pay for luxury hotels and flights – Travel to the U.K., Los Angeles, and Miami while bankrupt

Aiden Pleterski: Bankrupt’s Application For Discharge

Factors Considered By The Court In Discharge Applications

The Impact of a Discharge and will Aiden Pleterski ever get one?

Facts submitted by the Trustee against an absolute discharge

Aiden Pleterski Application For Bankruptcy Discharge: The Court’s Decision

Aiden Pleterski Conclusion

You’re Richer Than You Think: What Is Money Dysmorphia?

Definition of money dysmorphia

Who is affected by money dysmorphia?

You’re Richer Than You Think: Causes of money dysmorphia

Cultural and societal influences

Personal experiences and traumas

Mental health conditions

You’re Richer Than You Think: Impact of Social Media on Financial Well-Being

You’re Richer Than You Think: Who is most affected by money dysmorphia?

Young adults and millennials

Individuals with low self-esteem or a history of a history of trauma

Those with a history of financial difficulties

You’re Richer Than You Think: How money dysmorphia affects financial habits

Overspending and impulse buying

Hoarding and fear of spending

Constant comparison and dissatisfaction

You’re Richer Than You Think: Strategies to Overcome Money Dysmorphia

Build financial literacy

Seek professional help

Create a monthly budget

You’re Richer Than You Think: Conclusion

If You Declare Bankruptcy What Happens? Introduction to Financial Hardships

Impact of That Unforeseen Event Outside Of Your Control On Your Financial Situation

Struggles with Credit Card Payments and Bills

Considering Bankruptcy as a Viable Option

Significance of ATB Financial as a Major Secured Creditor *Turned Un**secured Creditor*

*Bankruptcy Proceeding**s and Trustee Opposition to Discharge*

Use of Scene points to pay for *luxury hotel**s and flights – Travel to the U.K., Los Angeles, and Miami while bankrupt*

Damage to reputation and *emotional distres**s caused*