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IF YOU DECLARE BANKRUPTCY WHAT HAPPENS? A COMPREHENSIVE OVERVIEW

If you declare bankruptcy what happens
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
if you declare bankruptcy what happens

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
if you declare bankruptcy what happens

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:

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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
if you declare bankruptcy what happens

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:

  1. 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.
  2. 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).
  3. Credit Inquiries: Lenders may conduct credit inquiries to assess your creditworthiness, which can further lower your credit score.

After Bankruptcy:

  1. 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).
  2. 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.
  3. 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:

  1. Monitor your credit report: Conduct a thorough review of your credit report to verify its accuracy and pinpoint any potential areas for improvement.
  2. 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.
  3. 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.
  4. 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.
  5. 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
if you declare bankruptcy what happens

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:

  1. 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
  2. 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.
  3. Prioritize Debt Repayment: Focus on starting within your budget spending so that you can pay your bills every month on time in full.
  4. Rebuild Credit: Use the tips I listed above to rebuild your credit.
  5. 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.
  6. 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

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.

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

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

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

That is why we can develop a restructuring process as unique as the financial problems and pain you are facing. If any of this sounds familiar to you and you are serious about finding a solution, contact the Ira Smith Trustee & Receiver Inc. team today.

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

The 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.

If you declare bankruptcy what happens
if you declare bankruptcy what happens
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HUGE IMPACT OF A SOCIAL MEDIA DEFAMATION CASE RULING ON CANADIAN BANKRUPTCY AND INSOLVENCY: A BREAKDOWN

A woman holding a finger up to her mouth to shush people with the dictionary definition of the word defamation behind her and social media images swirling around her to represent that you need to be careful not to defame anyone online or else you will face a defamation case.
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.

Defamation in the digital age: online defamation and social media

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.

A woman holding a finger up to her mouth to shush people with the dictionary definition of the word defamation behind her and social media images swirling around her to represent that you need to be careful not to defame anyone online or else you will face a defamation case.
defamation case

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 distress 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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:

  1. The plaintiff, who initiates the claim, is responsible for demonstrating that the defendant made a defamatory statement about them.
  2. The plaintiff must also provide evidence that the statement was disseminated to a third party rather than solely being known to the plaintiff.
  3. 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.
  4. 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.

A woman holding a finger up to her mouth to shush people with the dictionary definition of the word defamation behind her and social media images swirling around her to represent that you need to be careful not to defame anyone online or else you will face a defamation case.
defamation case

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.

A woman holding a finger up to her mouth to shush people with the dictionary definition of the word defamation behind her and social media images swirling around her to represent that you need to be careful not to defame anyone online or else you will face a defamation case.
defamation case

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.

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

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

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

That is why we can develop a restructuring process as unique as the financial problems and pain you are facing. If any of this sounds familiar to you and you are serious about finding a solution, contact the Ira Smith Trustee & Receiver Inc. team today.

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

The 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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DEBT MANAGEMENT PROGRAM VS. BANKRUPTCY: OUR CHEAT SHEET HELPS YOU TO CHOOSE THE RIGHT OPTION FOR YOUR FINANCIAL SITUATION

A split picture. On one side is a woman sitting at a neat and clean desk symolizing that all of her debts are under control. On the other half of the split screen is a worried man standing in front of a messy desk with bills spilling all over the place to symbolize a person with debts out of control and needing a debt management plan or to file for bankruptcy.

Debt Management Program: Introduction

Are you drowning in credit card debt, tax debt or any other debt and feeling overwhelmed by mounting interest charges? Are you behind in some or all of your debt payments? Is there a collection agency hounding you? It’s a common struggle, especially with the recent increases in interest rates. But fear not, there are debt relief options available to help you regain control of your finances. Two popular choices are a debt management program and bankruptcy, but there are key differences to consider.

In this Brandon’s Blog post, we will explore the differences between these two options and guide you on how to choose the right one for your unique financial situation. Read on to discover the path to financial freedom.

Understanding a Debt Management Program

A debt management program offers a way to pay off high-interest credit card balances without resorting to bankruptcy. However, it’s important to note that a debt management program may not be the best solution for everyone. It is most effective when your debt amount is manageable and you have assets you want to protect.

If you find yourself in this situation, a debt management plan can help you lower your overall payment to a more affordable amount, without the need for legal filings or interventions. This means you can keep your valuable possessions, such as homes, cars, and other assets. Additionally, debt relief allows for a more gradual approach, giving you the flexibility to regain your financial footing over time.

Is a debt management program right for you?

When you find yourself overwhelmed by debt, exploring debt management program options may provide a much-needed solution. However, determining whether a debt management plan is ideal for your situation requires careful consideration.

Debt Amount Consideration

A debt management program tends to be most effective when your debt amount is manageable. While the specific threshold varies depending on individual circumstances, having a debt level that you can realistically work to pay off over time is typically more conducive to successful debt management program outcomes.

You also need to separate secured debt from unsecured debt. Secured debt is what its name sounds like. The debt is secured against one or more of your assets, such as an auto loan. If you need the asset and its value is greater than the amount of debt against it, the secured lender will not be motivated to amend the amount you owe.

One of the key advantages of a debt management program is that it generally does not necessitate any legal filings or interventions. This streamlines the process and makes it more accessible to individuals seeking relief from their financial burdens. By avoiding legal procedures, a debt management program can offer a more straightforward and efficient path to debt resolution.

Use of Credit and Affordability

A debt management program allows you to continue using credit while you work towards repaying your debts. This can be particularly beneficial for maintaining essential expenses and managing unexpected costs during the debt management program process. Additionally, a debt repayment program often offers an affordable and gradual approach to debt repayment, making it suitable for individuals looking to regain financial stability without experiencing overwhelming financial strain or having the negative impact on your credit score that happens with bankruptcy.

Overall, the decision to pursue a debt management program should be based on a comprehensive evaluation of your financial situation and goals. By considering factors such as the amount of debt you owe, the convenience of the process, and the affordability of the options available, you can determine whether a debt management program aligns with your needs and priorities.A split picture. On one side is a woman sitting at a neat and clean desk symolizing that all of her debts are under control. On the other half of the split screen is a worried man standing in front of a messy desk with bills spilling all over the place to symbolize a person with debts out of control and needing a debt management plan or to file for bankruptcy.

Debt Management Program: Considering Bankruptcy

A bankruptcy filing, on the other hand, provides a more immediate solution for those facing crushing debt loads. It can be the right choice when you owe significant amounts of credit card debt, unsecured personal loans, or other unsecured debts that far exceed your means. The bankruptcy process offers unparalleled debt elimination, but it comes with serious trade-offs.

Your credit score may be negatively impacted for a period of seven to ten years, making it a less favourable option if you have good or marginal credit and owe only a few thousand dollars. However, if your credit is already severely impaired, filing bankruptcy may be a quicker and more efficient way to resolve your debt burdens.

Is bankruptcy right for you?

Bankruptcy is a difficult financial decision that many individuals may consider when they find themselves overwhelmed by debt and unable to manage their financial obligations. While bankruptcy is a serious process under the Bankruptcy and Insolvency Act (Canada) with long-term consequences, it can also provide a fresh start for those in dire financial circumstances.

Relief from Crushing Debt Load

One of the primary reasons individuals opt for bankruptcy is the overwhelming burden of debt they carry. When debts become unmanageable, it can lead to constant stress, sleepless nights, and strained relationships. Filing for bankruptcy can provide relief by allowing individuals to eliminate or restructure their debts to a more manageable level.

By working with a Licensed Insolvency Trustee (LIT), individuals can develop a repayment plan or proceed with liquidating assets to pay off debts. This process can help individuals regain control of their finances and start anew with a more sustainable financial future.

Solution for Badly Damaged Credit

For individuals with severely damaged credit, bankruptcy can offer a way to address their financial challenges and start rebuilding their credit history. While bankruptcy harms credit scores initially, it also provides an opportunity for a fresh start.

By discharging debts through bankruptcy, individuals can eliminate the burden of overdue payments and past defaults that have been dragging down their credit rating. With a clean slate, individuals can gradually rebuild their credit by managing new credit responsibly and demonstrating improved financial habits.

Unlike other debt management program options, bankruptcy offers a relatively quick resolution to financial problems. Depending on the type of bankruptcy filed, individuals can receive a discharge of their debts within less than 1 year to a few years, depending on the circumstances. This allows them to move forward without the weight of excessive debts.

Keep in mind that your discharge of debt does not take place until you are discharged from your bankruptcy. A few kinds of debt cannot be discharged through bankruptcy, but most people get their entire debt discharged.

Additionally, bankruptcy provides legal protections against creditors, wage garnishment, and foreclosure. Once an individual files for personal bankruptcy, an automatic stay goes into effect, preventing creditors from taking collection actions such as wage garnishment or repossession of assets.

This legal protection can provide individuals with much-needed relief and breathing room to address their financial situation. The downside of bankruptcy of course is that your non-exempt assets must be turned over to the Trustee to be sold.

The only Debt Management Program Approved By The Canadian Government

There is only one debt management program approved by the Canadian Government and it is an excellent option for those with a steady income. This government-approved form of debt relief is called a consumer proposal. It is the only government-approved debt settlement plan available in Canada and is an alternative to a liquidation bankruptcy. It is not as drastic as personal bankruptcy but has most of the bankruptcy protection elements making it more potent than in a debt management program.

A consumer proposal is a legal process also under the BIA designed to help individuals settle their debts with creditors in a manageable way. It provides a structured framework for debt repayment while offering protection from creditors’ collection actions. Let’s delve deeper into the key aspects of a consumer proposal.

When an individual is struggling with overwhelming debt and is unable to keep up with payments, a consumer proposal can be a viable solution. This process involves working with a LIT to create a formal proposal to creditors outlining a revised payment plan. The proposal typically includes an offer to repay a portion of the total debt over a set period, based on the individual’s financial situation.

Once the consumer proposal is submitted to the creditors, they have the opportunity to review and vote on the proposal. If the majority of creditors accept the terms of the proposal, it becomes a legally binding agreement, and the individual is bound to fulfill the revised payment plan.

Allows Debtor to Make a Formal Proposal to Creditors

One of the key benefits of a consumer proposal is that it allows debtors to take an active role in addressing their financial difficulties. Instead of facing aggressive collection actions from creditors or considering bankruptcy as the only option, individuals can work with a LIT to craft a proposal that is fair and feasible for both parties.

By making a formal proposal to creditors through a consumer proposal, debtors have the opportunity to demonstrate their commitment to repaying their debts in a structured manner. This not only helps in resolving financial issues but also allows individuals to regain a sense of control over their financial future.

Provides Protection from Creditors’ Collection Actions

Like bankruptcy, one of the significant advantages of opting for a consumer proposal is the protection it offers from creditors’ collection actions. Once the proposal is filed, an automatic stay of proceedings is initiated, which prevents creditors from pursuing legal actions, such as wage garnishments or asset seizures, against the debtor.

This protection provides individuals with relief from the constant stress and pressure of dealing with aggressive collection attempts. It allows them to focus on adhering to the terms of the consumer proposal and working towards becoming debt-free without the fear of immediate consequences from creditors.

In conclusion, a consumer proposal is a valuable tool for individuals facing overwhelming debt and seeking a structured way to settle their obligations with creditors. By understanding the legal process, the opportunity it provides to make a formal proposal, and the protection it offers from debt collectors’ collection efforts and legal actions, individuals can make informed decisions to improve their financial situation and work towards a debt-free future.A split picture. On one side is a woman sitting at a neat and clean desk symolizing that all of her debts are under control. On the other half of the split screen is a worried man standing in front of a messy desk with bills spilling all over the place to symbolize a person with debts out of control and needing a debt management plan or to file for bankruptcy.

Meeting with a nonprofit credit counsellor to assess your financial situation

Consider credit counseling sessions with a certified nonprofit credit counsellor for expert recommendations. If you’re unsure about the best course of action to take regarding your debt, seeking advice from a certified nonprofit credit counselor can provide invaluable insights. These professionals working at a nonprofit credit counseling agency can assess your financial situation, provide personalized recommendations, and guide you toward effective debt management strategies.

WARNING: Stay away from for-profit debt settlement companies. A nonprofit credit counselor or a bankruptcy trustee can provide you with the same advice at no charge.

Choose between a debt management program or bankruptcy based on your specific circumstances

When deciding between a debt management program and bankruptcy, several factors should be taken into account. First, carefully assess your full financial situation and long-term goals. Consider the amount of debt you owe, your ability to make payments, and the impact on your credit score.

If you have assets you want to protect and prefer a more affordable and gradual approach, a debt management program might be the better option. On the other hand, if you are facing wage garnishment, or foreclosure, or need a quicker resolution, bankruptcy may be the right debt solution choice for you.

A consumer proposal or bankruptcy can be a viable option for individuals facing insurmountable debt, damaged credit, and the threat of financial instability. While it is a significant decision with long-lasting consequences, bankruptcy offers a path to financial relief, a fresh start, and legal protections against creditor actions.

It is essential for individuals considering bankruptcy to seek the advice of a financial advisor or bankruptcy professional to fully understand their options and make an informed decision about their financial future.

Debt Management Program: The bottom line

When it comes to managing debt, making informed decisions is crucial. Here are some key takeaways to help you navigate this challenging situation:

  • Carefully assess your financial situation and long-term goals.
  • Before taking any steps toward resolving your debt problems, it’s essential to have a clear understanding of the current financial position of your assets and all your outstanding debts.
  • Take stock of your monthly income and living expenses, so that you can create an accurate monthly budget to see where your money is being spent. Don’t forget to deduct from your monthly income your actual income taxes deducted from your monthly pay.

Debt Management Program: Conclusion

Assess your finances and goals, seek advice from a nonprofit credit counselor, and decide between a debt management program, consumer proposal or bankruptcy based on your specific circumstances. You can also have a no-cost consultation with a LIT to get personalized advice and find out how a consumer proposal or bankruptcy would work in your specific situation.

Dealing with overwhelming debt is no easy task, but there is hope. By understanding the differences between a debt management program, consumer proposal and bankruptcy, you can choose the right option for your financial situation. A debt management program offers a manageable and gradual approach, protecting your assets while you work towards becoming debt-free.

Bankruptcy, on the other hand, provides a quicker resolution and is best suited for those with significant debt loads and impaired credit. Remember to carefully evaluate your circumstances and consult with an expert if needed. With the right choice and determination, you can pave the way to a brighter financial future. Don’t let debt hold you back any longer – take control today and improve your financial health and your life.

I hope you enjoyed this debt management program Brandon’s Blog. Individuals and business owners must take proactive measures to address financial difficulties, consumer debt and company debt and promptly seek assistance when necessary. It is crucial to recognize that financial stress is a prevalent concern and seeking help is a demonstration of fortitude, rather than vulnerability. Should you encounter challenges in managing your finances and find yourself burdened by stress, do not delay in pursuing aid.

Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses with debt problems that are in financial distress. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns and more associated with your company debt are obviously on your mind.

The Ira Smith Team understands these financial health concerns. More significantly, we know the requirements of the business owner or the individual who has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.It is not your fault you can’t fix this problem on your own and it does not mean that you are a bad person. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore.

The Ira Smith Team uses innovative and cutting-edge methodologies, to adeptly navigate you through the intricacies of your financial challenges ensuring a resolution to your debt-related predicaments without resorting to the rigours of the bankruptcy process. We can get you debt relief now! We have helped many entrepreneurs and their insolvent companies who thought that consulting with a Trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

The Ira Smith Trustee & Receiver Inc. team understands that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, to begin your debt-free life, Starting Over, Starting Now.A split picture. On one side is a woman sitting at a neat and clean desk symolizing that all of her debts are under control. On the other half of the split screen is a worried man standing in front of a messy desk with bills spilling all over the place to symbolize a person with debts out of control and needing a debt management plan or to file for bankruptcy.

 

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DEBTS SOLUTION: STRATEGIES TO DODGE CORRUPT DEBT RELIEF SCAMS

picture of man deep in debt going over a contract to hire a debts solution settlement company
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Debts Solution: Introduction

Facing soaring expenses in housing, groceries, and fuel, Canadians grapple with amplified financial strains. The mounting necessity for a debts solution burgeons as debt problems and insolvencies surge. Seeking expert guidance becomes pivotal, steering clear of pitfalls entwined in deceptive debt relief enticements posing as saviours.

In this Brandon’s Blog, I provide insights on mitigating exposure to these cunning ploys by discussing the common warning signs that are prevalent with a debt help scammer. Unearth methods to shield you from the clutches of debt relief scams. Acquire proficiency in detecting warning signals, discerning credible services, and fortifying yourself against deceitful machinations. Delve into tangible scenarios and preemptive strategies to navigate the labyrinthine terrain of a possible debts solution, safely and securely.

Debts Solution: Recognizing Debt Relief Scams

Navigating through debt’s labyrinth often induces immense stress and a sense of being inundated, prompting many individuals to seek solace in debt alleviation initiatives. Yet, exercising prudence and vigilance within this sphere holds paramount significance. Within this industry, deceptive stratagems loom from for-profit debt settlement companies, preying on the susceptible, and exacerbating their financial woes. Deciphering these deceitful maneuvers becomes pivotal; doing so empowers you to shield yourself and judiciously discern the avenues for debt alleviation at your disposal.

Debts Solution: Scammers often ask for upfront fees and make unrealistic promises

Identifying a potential debt relief company scam often hinges on a prominent signal: the insistence on upfront fees by the entity or individual. Authentic debt relief programs typically levy charges solely after achieving a triumphant negotiation or formulation of a repayment strategy. Conversely, imposters brazenly demand payment in advance, vanishing into thin air without rendering any tangible aid.

Moreover, these malevolent actors might peddle unattainable assurances regarding debt eradication or swift resolution of financial problems. It’s imperative to grasp that an overnight miraculous debt dissolution remains an illusory prospect. Legitimate debt mitigation ventures engage in protracted negotiations with creditors, aiming for diminished interest rates or modified payment schemes. This, however, demands time and harmonious collaboration among all involved stakeholders.

When scrutinizing a debt relief initiative, exercise caution toward those espousing immediate or fanciful outcomes. Reputable entities furnish pragmatic prognoses, collaborating with you to sculpt a sustainable blueprint for enduring financial balance and security while providing you with lasting strategies to continually improve your financial situation.

Debts Solution: Beware of anyone who advises you to stop communicating with and paying your creditors

A conspicuous red flag signalling potential deceit in a debt relief scheme emerges when the program advocates severing communication and payments with your creditors. While succumbing to the allure of dodging creditor calls and missives may seem appealing, sidestepping dialogue can exacerbate your predicament.

Genuine debt mitigation programs engage in dialogue with your creditors, endeavouring to forge fresh payment terms or negotiate reduced settlements. They champion transparent communication and harmonious collaboration among all stakeholders. Conversely, swindlers might counsel total cessation of contact with creditors, precipitating escalated interest, penalties, and even legal ramifications.

Should a debt relief program advocate complete cessation of creditor payments, it unequivocally betrays your best interests. Upholding your financial commitments to the best of your capacity remains crucial while charting a course toward resolution via a reputable, trustworthy debts solution avenue.

Debts Solution: Debt relief scams may operate via social networks, text, or email

In the digital age, debt relief frauds have actually discovered their way onto various online platforms. Debt settlement firm fraudsters might connect to you with social media sites, text, or email, encouraging quick and very easy services to your financial obligation troubles.

If you obtain unwanted messages from unidentified sources offering debt settlement solutions, use caution. Reputable debt relief programs typically do not participate in hostile or unsolicited advertising and marketing tactics. It is necessary to do your research study and thoroughly vet any type of company before giving them personal information or agreeing to work with them.

When researching debt settlement choices online, be sure to verify the firm’s credentials and try to find reviews and testimonies from other customers. In addition, inspect if the firm is associated with any reliable industry organizations or if they have any accreditations that demonstrate their competence and trustworthiness.

picture of man deep in debt going over a contract to hire a debts solution settlement company
debts solution

Debts Solution: Seeking Professional Help

Seeking adept guidance from recognized experts in managing your finances and addressing debt problems is a prudent choice. Licensed insolvency trustees emerge as specialists adept in aiding individuals and companies to restructure their way through financial quagmires. Their realm encompasses proffering no-cost initial consultations, delving into your fiscal panorama, dispensing counsel, and facilitating the exploration of diverse avenues in debt management.

The following are 3 legitimate options to consider in solving debt problems. In fact, the debts solution scammers, after sucking as much money out of you as they can, then introduce you to a licensed insolvency trustee to execute one of the below options. Why not avoid the middleman debts solution scammer? All of the “services” they provide, for which they charge you thousands of dollars, you can get from a licensed insolvency trustee during the initial no-cost consultation.

Here are 3 legitimate debt relief options for anyone looking for a debts solution:

Debts Solution: Debt Management Plan


A structured repayment scheme, a debt management plan, proves instrumental in efficaciously steering individuals through their debt labyrinth. Collaborating with a licensed insolvency trustee ensures in tailoring a blueprint attuned to your distinct fiscal landscape. Herein, regular remittances through a payment schedule are made to the trustee to find dispersion among your creditors under their auspices.

The virtues of a debt management plan abound. Primarily, it amalgamates your debts into a singular monthly payment, streamlining financial oversight. Coupled with this, it commonly encompasses a diminished interest rate, harbouring potential savings in the long haul. Furthermore, active participation in such a plan potentially serves as a conduit for the reconstruction of your credit score, contingent upon consistent and punctual payments.

 

Debts Solution: Consumer Proposal

Should your financial circumstances veer toward a more severe terrain, contemplating the avenue of a consumer proposal emerges as a viable debts solution recourse. It constitutes a binding accord, ensconced in legality, forged between you and your creditors, shepherded by a licensed insolvency trustee. It is the only approved debt settlement government program. In a consumer proposal, your trustee takes over all communication with creditors, freeing you of this burden.

Within this framework, you proffer a proposal to reimburse a segment of your unsecured debts over a stipulated timeframe, commonly spanning five years. This offer is grounded in your reasonable capacity and only requires you to pay a portion of the total indebtedness. Upon acceptance by your creditors, monthly disbursements to the trustee ensue, who, in turn, channels these funds to your creditors. After completing your total set of monthly payments, your entire debt is wiped out.

The merits of opting for a consumer proposal are many. Firstly, it furnishes immediate shielding against collection calls, wage garnishments and legal action reprisals instigated by your creditors. Simultaneously, it facilitates a reduction in your cumulative debt burden, given that the repayment amounts to less than the owed sum. Additionally, resorting to a consumer proposal carries less weight than declaring bankruptcy, exerting a comparably milder impact on your credit standing.

Debts Solution: Bankruptcy as a Last Resort

As a final debts solution recourse, bankruptcy emerges as a potential remedy for individuals ensnared in insurmountable debt with no viable alternatives. This legal recourse orchestrates a fresh start by absolving a significant portion of debts, facilitating a reboot of one’s financial trajectory and life.

However, navigating the terrain of bankruptcy demands judicious consideration, given its weighty repercussions. The enduring impact on your creditworthiness, spanning multiple years, can pose hurdles in securing future credit. Furthermore, the liquidation of certain assets to reimburse creditors and potential constraints on professional accreditation warrant conscientious contemplation in discussion with a licensed insolvency trustee.

Prudent counsel from a licensed insolvency trustee assumes paramount significance before delving into bankruptcy. Our expertise enables a comprehensive no-cost evaluation of your circumstances, guiding you toward the most fitting pathway forward.

Credit counseling is an important aspect of any service provided by a licensed insolvency trustee.

Debts Solution: Protecting Yourself from Fake Loan Scams


Many times debts solution scammers combine a mandatory loan program with their debt relief package. Here are some tips on how to avoid being a victim of these loan program scams.

Be cautious of deals that require payment upfront or appear too good to be real

A substantial indicator of a spurious finance scam materializes when the lender needs payment before finalizing the loan. That is what a bogus debt relief company does or arranges for you. Reputable companies who lend money typically deduct any type of fees or expenditures from the loan itself, avoiding any kind of in-advance payment. Furthermore, lenders that appear excessively beneficial are commonly deceptive. Fraudsters often attract people with implausibly low-interest rates or guarantees of assured loan authorizations, departing from the reasonable standards of the lending world.

Phony lending rip-offs assure loans even with a negative credit history yet never provide the loan

If you have a negative credit rating, scammers may attempt to take advantage of your scenario by encouraging loans without credit history checks or with assured authorizations. Nonetheless, genuine lending institutions always analyze the creditworthiness of a borrower before approving a loan. If a lender is not interested in your credit rating and claims to supply financing to any individual despite their credit rating, it is likely a fake funding fraud. Remember, no lender can ensure funding without appropriate analysis.

Stay clear of offering individual or financial details to unidentified sources

Protecting your personal and financial info is vital in the electronic age. Fraudsters may pose as loan providers and demand sensitive info, such as your social insurance number, bank account details, or driver’s certificate information. Never offer such information to unknown sources or through unknown sites or channels. Genuine lenders will have protected systems in position to secure your data, and they will not ask for unnecessary individual or financial information.

picture of man deep in debt going over a contract to hire a debts solution settlement company
debts solution

Debts Solution: Conclusion

Getting specialist support from a licensed insolvency trustee is essential in working through the details of your financial debt and money obstacles. Licensed insolvency trustees stand as important wellsprings, supplying invaluable advice, support, and strength for you to navigate the puzzle of economic problems. Whether designing a debt management plan approach or considering a consumer proposal, embarking on these paths alongside a seasoned specialist will let you recover your authority over your entire life. It minimizes the difficult anxiety you have carried and moulds a course towards a much more positive financial destiny.

I hope you enjoyed this debts solution Brandon’s Blog. If you’re struggling with managing your overwhelming debt, don’t worry – there are some things you can do to take control of the situation. It is not your fault you can’t fix this problem on your own and it does not mean that you are a bad person.

First, it’s important to create a realistic budget and track your expenses. From there, you can prioritize your debt repayment and make consistent payments to chip away at what you owe. It’s also a good idea to seek professional financial advice to help guide you through the process. Just remember, managing debt is a gradual process that requires commitment and determination, but you can do it! So don’t hesitate to reach out for help from financial professionals.

Individuals and business owners must take proactive measures to address financial difficulties and promptly seek assistance when necessary. It is crucial to recognize that financial stress is a prevalent concern and seeking help is a demonstration of fortitude, rather than vulnerability. Should you encounter challenges in managing your finances and find yourself burdened by stress, do not delay in pursuing aid.

Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses with debt problems that are in financial distress. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind.

The Ira Smith Team understands these financial health concerns. More significantly, we know the requirements of the business owner or the individual who has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team uses innovative and cutting-edge methodologies, to adeptly navigate you through the intricacies of your financial challenges, ensuring a resolution to your debt-related predicaments without resorting to the rigours of the bankruptcy process. We can get you debt relief now!

We have helped many entrepreneurs and their insolvent companies who thought that consulting with a Trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

The Ira Smith Trustee & Receiver Inc. team understands that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

picture of man deep in debt going over a contract to hire a debts solution settlement company
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FINANCIAL STRESS TEST: 10 UNDENIABLE WARNING SIGNS YOUR COMPANY IS HEADING TO BANKRUPTCY

An image showing a traffic light with red and green lights with financial charts and dollar signs in the background to depict a company showing danger signals and nearing financial bankruptcy
financial stress test

Financial stress test: Introduction

Poor financial management is a substantial element that causes a firm to be burdened with excessive financial debt. To avoid financial stress, one of the critical areas for companies is to develop a proper balance between their debt and equity financing, in addition to creating a distinct plan for managing their debt. Overlooking these obligations may lead to a situation where a company ends up being overloaded by debt and interest payments and ends up perilously close to insolvency and maybe even bankruptcy.

Investing in private or public companies always brings dangers, yet it can be particularly devastating when a company you’ve bought declares bankruptcy. In this financial stress test Brandon’s Blog, we discuss the topic of business financial stress and exactly how to identify early signs that a company you own or have invested in is heading in the direction of bankruptcy. By comprehending the 10 essential indications or danger signals, you will certainly be able to make enlightened choices and protect your economic future. We believe that recognizing these signs is critical for any manager, owner or investor and we discuss them below.

Financial stress test danger signal 1: Debt can be a killer

Too much debt can be a major business killer. It typically results in their insolvency and failure. When a firm struggles with low sales and revenues, the worry of debt becomes a lot more challenging to overcome. As investors, it is important to carefully keep an eye on the financial obligation level of a business to make sure that it can fulfill its economic obligations.

Among the indications that a company is heading towards bankruptcy is frustrating financial obligations. High degrees of debt, the first financial stress test, can be a significant root cause of financial tension for a company. When a business has gathered a considerable amount of debt that it cannot pay off, it can discover it is challenging to fulfill its economic obligations, which is the leading cause of bankruptcy. This can bring about a downward spiral where the business continues to borrow to pay off other financial debts, intensifying the problem. As an investor, it’s important to keep an eye on a firm’s financial obligation levels and assess its capability to handle and reduce its financial debt burden.

In addition to taking a look at a business’s financial statements, it is very important to remain updated on the latest information and advancements that might impact a firm’s debt circumstance. Modifications in rates of interest, credit report ratings, or industry-specific regulations can have a considerable effect on a firm’s capability to handle its financial obligations and its ability to continue to operate.

Comparisons can be made between different companies and their financial obligations. It truly is a tool with 2 sides. When debt is used practically and responsibly, it has the prospective to drive business growth and expand horizons. Nonetheless, if financial debt reaches unmanageable proportions, it can swiftly turn into a fatal strike. Organizations strained by frustrating financial debt frequently find themselves captured in a damaging pattern, unable to generate sufficient funds to satisfy their financial debt duties.

An image showing a traffic light with red and green lights with financial charts and dollar signs in the background to depict a company showing danger signals and nearing financial bankruptcy
financial stress test

Financial stress test danger signal 2: Declining revenue

The second financial stress test is a decrease in sales can act as a substantial indicator, shedding light on the multifaceted challenges a corporation grapples with. It may insinuate that the demand for the enterprise’s offerings is experiencing erosion in the marketplace, or that rival contenders are annexing a larger slice of the market pie.

Discerning the underlying rationales behind the slump in sales assumes paramount importance, as it offers insights into the realms necessitating enhancements or recalibrations in corporate strategies. Furthermore, it facilitates the assessment of whether the market has wearied of the company’s product or service offerings.

Various methodologies exist for surveilling sales trends and scrutinizing a corporation’s performance. One prevalent approach involves scrutinizing the company’s financial records, encompassing the income statement and balance sheet. These documents provide a granular breakdown of the corporation’s sales figures, profits, and expenditures. By juxtaposing these numerical facets across temporal dimensions, both management and investors can pinpoint any deviations or recurring themes in the company’s sales acumen.

Sustained drops in revenue can be construed as momentous signifiers of financial adversity and disquiet. A dip in revenue may signify a flagging appetite for the company’s offerings or an encroachment on market territory by competitors. This deterioration exerts a direct influence on the corporation’s earnings and liquidity, thereby engendering mounting impediments in meeting monetary obligations and defraying expenses.

Lenders ought to lend a vigilant ear to this clarion, as it portends the company’s arduous struggle in generating commensurate income, with potential repercussions spanning financial hardship or, in extreme cases, insolvency if left unaddressed.

Financial stress test danger signal 3: Negative cash flow

When conducting a comprehensive evaluation of a firm’s financial well-being, sustainability, and overall fiscal robustness, one pivotal factor that investors should diligently scrutinize pertains to its capital. Cash flow, the third financial stress test, denotes the intricate ebb and flow of financial resources within a company, encapsulating both the inflow and outflow of monetary assets over a specified duration.

Capital stands as the linchpin of any prosperous enterprise, furnishing the wherewithal to discharge financial obligations, sustain day-to-day operations, and seize growth opportunities. A robust cash flow empowers a company to honour its debt commitments, bankroll its routine functions, and allocate resources for the expansion of its business. Conversely, an inadequacy in cash flow can give rise to formidable fiscal predicaments, potentially imperilling the company’s equilibrium and longevity.

If a company consistently experiences a surplus of monetary outflows over inflows, it may serve as an ominous harbinger of financial distress. One of the paramount indicators signalling that a company is grappling with financial strain and edging toward insolvency is an adverse cash flow. When a company persistently witnesses an outflow of cash exceeding its inflow, it undeniably indicates that financial woes are looming.

An unfavourable cash flow signifies that the company is not generating sufficient revenue to offset its expenditures, thereby engendering the perilous inability to meet financial obligations and fulfill fiscal commitments. Prudent investors must exercise vigilance when they discern this forewarning and regard it as a crimson banner, safeguarding their investments and rendering well-informed judgments concerning the financial destiny of the company.

Comprehending the significance of cash flow

Examining a corporation’s capital history and contrasting it with its prevailing levels of financial indebtedness bestows a valuable perspective on its financial well-being. If a company shoulders a substantial debt burden that eclipses its capital reservoir, it may signal heightened risk and potentially foreshadow impending financial tribulations.

Debt servicing: Enterprises endowed with a robust cash flow possess the capacity to expeditiously honour their debt obligations, thus evading the pitfalls of loan defaults. A bountiful cash flow not only equips them to promptly meet interest and principal repayments but also instills faith in lenders and stakeholders alike.

Operational expenditures: Cash flow plays a pivotal role in underwriting a company’s day-to-day operational outlays, encompassing personnel salaries, lease outlays, utility expenses, and inventory procurements. Ineffectual cash flow management can precipitate quandaries in sustaining routine business functions, thereby opening the door to potential disruptions.

Prospects for growth: A buoyant cash flow furnishes a corporation with the requisite financial means to seize burgeoning prospects, be it diversifying its product portfolio, venturing into novel market segments, or acquiring rival entities. Enterprises grappling with meagre cash flow may forfeit these openings and fall short of harnessing their full growth potential.

Analyzing cash flow: Key metrics and ratios

Pro Tip: It’s also crucial to compare a company’s cash flow metrics with those of its industry peers and competitors. This helps provide context and identify potential outliers or areas of concern.

Since we have developed the significance of capital in a business’s monetary wellness, let’s explore the important indicators and proportions that investors typically rely upon to evaluate a business’s financial security and efficiency.

Cash flow to debt ratio: This proportion contrasts a business’s operating capital to its overall debt, providing an understanding of its capacity to service its financial obligation obligations. A greater proportion suggests a favourable circumstance, showing that the company creates enough cash to cover its financial debt settlements.

Running cash flow (RCF): This metric exposes the cash created from a company’s core procedures. A positive RCF indicates that the business’s operations are producing enough cash to cover its costs and purchase future growth. An unfavourable RCF might recommend operational inefficiencies or declining sales.

Free capital (FCF): FCF represents the cash left after subtracting capital investment from running capital. It shows the surplus cash offered for debt settlement, shareholder distributions, or reinvestment in business. A healthy FCF is necessary for long-lasting economic stability.

While these metrics offer a beginning point for capital analysis, it is very important to perform an extensive testimonial of a company’s financial declarations, including its earnings statement and balance sheet. Comparing the trends in cash flow over multiple periods can reveal patterns and provide a more accurate assessment of the company’s financial stability.

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Financial stress test danger signal 4: Inadequate liquidity

Inadequate liquidity stands as the pivotal fourth financial stress test, suggesting that a corporation is treading the precarious path towards insolvency. When a company grapples with a paucity of access to liquid resources, such as cash or readily tradable securities, it can substantially fetter its capacity to discharge fiscal obligations and retire outstanding debts. Constricted liquidity begets complexities for a company in navigating unanticipated financial setbacks or leveraging investment opportunities to generate revenue.

In the dearth of a commensurate cash flow, a company might resort to exorbitantly high-priced borrowings or precipitous divestment of valuable assets, thereby exacerbating its fiscal predicaments. Investors ought to meticulously monitor a company’s liquidity standings, for it can serve as a telltale sign of an impending bankruptcy risk.

Financial stress test danger signal 5: Impact of competition on a company’s financial health

When one undertakes the evaluation of an enterprise, it becomes paramount to consider the relative extent of its market dominance in comparison to its competition. If said market portion exhibits a downtrend, it could potentially signal operational hurdles, a struggle to maintain competitiveness, or perhaps even an ongoing struggle for supremacy. Moreover, prudent investors ought to delve into the company’s array of competitive strengths and weaknesses in this fifth financial stress test.

This endeavour necessitates a comprehensive examination of aspects such as the distinctiveness of their products, the standing of their brand, their operational efficiency, and the fidelity of their customer base. A holistic understanding of these facets stands as a fount of invaluable insights concerning the organization’s ability to maintain a lead within the competitive milieu.

Furthermore, seismic shifts in consumer proclivities might also wield a profound influence on the fiscal well-being of an enterprise. As the predilections of consumers undergo metamorphosis, organizations must adroitly recalibrate their stratagems to conform to these evolving exigencies. Failure to do so could culminate in market erosion and revenue diminution.

For example, a company that neglects to embrace the currents of e-commerce and the tenets of digital marketing might find itself outflanked by competitors who adroitly harness the potential of the online sphere. Investors ought to scrutinize the responsiveness of an enterprise to the vicissitudes in consumer comportment and evaluate its preparedness to exploit nascent prospects.

In the process of scrutinizing the financial robustness of an enterprise, it becomes imperative for proprietors, administrators, and financiers alike to factor in the competitive ecosystem. It is a sine qua non to undertake a scrupulous and penetrating inquiry to fathom the challenges posed by rival entities and gauge the organization’s tenacity in the face of such challenges.

One of the cardinal modes through which competition influences the financial stability of an enterprise resides in the transformations that transpire within the marketplace landscape. The advent of formidable competitors possesses the potential to upend the dynamics of the market, casting a substantial shadow over long-established entities.

These competitors may proffer analogous wares or services at more enticing price points or introduce pioneering solutions that captivate the discerning gaze of consumers. In such instances, the organization may experience an erosion of its market pie, thereby impacting its financial performance adversely.

Competition assumes a pivotal role in ascertaining the fiscal vitality of an enterprise. In the contemporaneous warp-speed business milieu, entities confront ceaseless challenges emanating from their adversaries, which can deliver both boons and banes. It is of utmost import for investors to vigilantly track the competitive vista and assess its prospective repercussions on the enterprise they have bestowed their confidence.

Financial stress test danger signal 6: Problem in securing financing

When a company is not able to secure funding, it can be a concerning indication of economic distress. Lenders might watch the firm as not creditworthy, implying they do not believe in its capability to pay off borrowed funds. This can develop a cycle of financial stress, making it even more difficult for the firm to fulfill its monetary commitments and survive. Investors should be cautious when they see a firm battling to get financing, as it can be a very early indication of prospective bankruptcy. It is critical to completely analyze a firm’s credit reliability before making any kind of financial investment decision.

This sixth financial stress test is one of the essential warning signs that a company might be heading towards bankruptcy is trouble in safeguarding financing. When a firm is unable to secure financings or credit history, it shows that lending institutions and financial institutions might have doubts about its capability to repay its debts.

This can be a significant obstacle for a company as it restricts its choices for raising funding and dealing with economic obstacles. Problems with getting financing can likewise affect the company’s operations, making it more difficult to buy development opportunities or meet everyday costs. Investors must focus on this red flag as it might suggest deeper economic stress within the company.

Financial stress test danger signal 7: Workforce downsizing and layoffs

This seventh financial stress test is an indicator of a company grappling with financial anxiety that emerges in the implementation of terminations and downsizing initiatives. When a corporation finds itself ensnared in economic turmoil, it frequently turns to measures aimed at trimming expenses to reinvigorate its financial solvency. This may entail the reduction of personnel or the curtailment of operational procedures.

Workforce reductions within a company can serve as a telltale sign of its struggles in meeting financial obligations and its ardent quest to curtail expenditures. Such measures can exert a deleterious impact on the morale and efficiency of employees, and it behooves investors to take heed, as it may foreshadow more profound fiscal challenges.

In the event that a business grapples with financial adversity, one stratagem to ameliorate the financial impact is staff terminations and a constricting of operational scope. These maneuvers are typically resorted to as a measure of last resort to forestall bankruptcy and enhance liquidity. Nonetheless, the downsizing of the workforce can engender unfavourable repercussions on morale and productivity, concurrently signalling to investors and stakeholders that the company is grappling with economic tumult.

Consequently, if you happen upon a corporation contemplating substantial staff reductions or a contraction in its operational domain, it becomes imperative to monitor the situation as a cautionary signal and conduct a comprehensive assessment of its overarching financial stability.

An image showing a traffic light with red and green lights with financial charts and dollar signs in the background to depict a company showing danger signals and nearing financial bankruptcy
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Legal issues and lawsuits can be serious warning signs of financial stress within a company. When a company is involved in numerous legal battles, it not only incurs hefty legal fees but also faces the risk of significant financial settlements or judgments against it. These legal issues can drain a company’s resources and impact its profitability, leading to financial instability.

Additionally, the negative publicity associated with legal problems can damage a company’s reputation and erode customer trust. Investors should carefully monitor a company’s legal standing eighth financial stress test to assess the potential financial implications of ongoing legal battles before making any investment decisions.

Legal issues and lawsuits can serve as a warning sign of financial instability for a company. When a company is faced with numerous legal challenges, it can be an indication that its financial position is precarious. Legal battles can be expensive, and the costs associated with defending against lawsuits and paying settlements can take a toll on a company’s financial health.

Additionally, legal issues can divert management’s attention from crucial business operations, further exacerbating the financial stress. Therefore, investors should pay close attention to any company that is involved in a significant number of legal disputes, as it may suggest underlying financial difficulties leading to a negative financial impact.

Financial stress test danger signal 9: Loss of key clients or customers

A potential sign that a company might be veering toward the precipice of financial stress and bankruptcy materializes with the exit of pivotal clients or customers. When these linchpin stakeholders take their leave, the reverberations can be severe and calamitous, exacting a profound toll on the company’s finances. These clients are the linchpin of the company’s revenue streams, rendering their departure a grievous blow.

Multiple reasons may underpin their decision to depart, including the company’s inability to adapt to shifting customer expectations, the surge in competitive forces, or the repercussions of economic downturns. The attrition of these key clients signifies a waning appetite for the company’s offerings or the erosion of its business relationships. It is of paramount significance for investors to maintain unwavering vigilance and meticulously scrutinize any conspicuous losses in this sphere, as they may serve as potent harbingers of impending financial adversity on the horizon. For all these reasons, this is why it is our ninth financial stress test.

Financial stress test danger signal 10: Deteriorating stock performance

Our tenth financial stress test deals with public companies. One conspicuous red flag signalling a public company’s perilous journey of financial stress toward the brink of bankruptcy resides in the withering performance of its stocks. A consistent descent in the company’s stock values signifies a growing lack of investor faith in its fiscal vitality. The dwindling stock worth resonates as a resounding expression of apprehensions regarding the company’s capacity to yield profits and fulfill its financial commitments.

Investors maintain an eagle-eyed watch over stock performance as it crystallizes the company’s overarching steadiness and market sentiment. Hence, the vigilant tracking of a company’s stock performance, particularly for those in which one has invested, serves as a fount of invaluable insights into the financial strains at play and empowers judicious investment decisions.

A persistent depreciation in the company’s stock value embodies a potent indicator that investors harbour reservations about its fiscal well-being. This erosion of trust may emanate from worries concerning the company’s competence in revenue generation, financial obligation fulfillment, or operational perpetuation.

When investors bear witness to a protracted downturn in stock performance, they oftentimes construe it as a herald of impending fiscal turbulence or, in the direst of scenarios, bankruptcy. As potential investors grow increasingly reticent to pour capital into the company, they may grapple with impediments in securing essential financial resources.

Financial stress test: Conclusion

To protect your investments and make informed decisions, it’s extremely important for investors and owners to maintain a vigilant position and remain in harmony with the very early indications of financial stress and possible company insolvency. A detailed understanding and thorough surveillance of essential financial metrics and cautionary signs act as the barrier to safeguarding your investments.

An aggressive orientation and continual watchfulness in worrying about the financial health of your invested enterprises are essential for securing your financial future. Consequently, it’s imperative to maintain a watchful eye on variables such as declining income streams, placing financial obligation problems, feeble cash flows, and monitoring instability. Equipped by these perspicacious understandings, you will expertly browse the elaborate investment terrain and take on requisite procedures to secure your hard-earned wide range.

I hope you enjoyed this financial stress test Brandon’s Blog. If you or your company are struggling with managing overwhelming debt in this high-interest environment, don’t worry – there are some things you can do to take control of the situation.

Individuals and business owners must take proactive measures to address financial difficulties and promptly seek assistance when necessary. It is crucial to recognize that financial stress is a prevalent concern and seeking help is a demonstration of fortitude, rather than vulnerability. Should you encounter challenges in managing your finances and find yourself burdened by stress, do not delay in pursuing aid.

Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses with debt problems that are in financial distress. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind.

The Ira Smith Team understands these financial health concerns. More significantly, we know the requirements of the business owner or the individual who has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

It is not your fault you can’t fix this problem on your own and it does not mean that you are a bad person. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team uses innovative and cutting-edge methodologies, to adeptly navigate you through the intricacies of your financial challenges, ensuring a resolution to your debt-related predicaments without resorting to the rigours of the bankruptcy process. We can get you debt relief now!

We have helped many entrepreneurs and their insolvent companies who thought that consulting with a Trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

The Ira Smith Trustee & Receiver Inc. team understands that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

CLICK HERE TO GET A FREE COPY OF OUR EBOOK 10 UNDENIABLE WARNING SIGNS YOUR COMPANY IS HEADING TO BANKRUPTCY

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BILL PAYMENT DIFFICULTIES? OUR COMPLETE ROADMAP TO GET CANADIANS SAFELY THROUGH THEIR FINANCIAL DIFFICULTIES

bill payment

Bill payment introduction

Today’s Brandon’s Blog discusses practical ways to take care of financial challenges connected to bill payment in Canada. As the economic climate develops and interest rates keep rising, it’s vital to have a trusted expenditure technique to adhere to. Current research from TransUnion, a Canadian credit bureau, highlights the significance of financial management.

According to the Q1 2023 Customer Pulse study by TransUnion, virtually one-third of Canadian homes checked are facing more difficult times with money, with the rising cost of living being the primary contributing factor.

It can be frustrating to always try to catch up to rising prices, particularly when faced with unanticipated financial setbacks. Juggling all your payments, such as utilities, rent, food and credit cards, can trigger anxiety and stress. Nonetheless, with the ideal knowledge and devices, it’s possible to get rid of these obstacles and reclaim control over your finances and also enhance your general well-being.

Join me as I check out the different techniques you can embrace to effectively manage your bills. I will provide you with detailed advice on developing efficient approaches to bill payment so you can stay clear of late payment penalties.

Financial stability incorporates more than just paying your bills on time. It involves creating healthy financial practices, boosting budgeting skills, and producing a solid foundation for future financial success. This Brandon’s Blog will certainly also delve into these aspects, supplying recommendations on just how to achieve lasting economic stability.

Whether you are a consumer struggling to keep current with all your regular monthly costs or an entrepreneur facing expense management challenges, this information is for you.

So, if you are ready to take control of your expenses and gain back financial stability, stay tuned and don’t go anywhere.

Understanding the challenges of bill payment

The Canadian economy is constantly evolving, influenced by both domestic and global factors. As we navigate through unprecedented times, understanding the current economic landscape in Canada is critical for individuals, businesses, and policymakers alike. Key components of the current Canadian economy, such as GDP growth, inflation, employment rates, and trade all influence how well off we feel. Layer on top of that the impact of the COVID-19 pandemic on the Canadian economy, and the measures that the government took to address the crisis.

All of this combined affects our comprehensive understanding of the state of the Canadian economy, and how it may affect your personal or professional life. Suffice it to say that economists do not agree on the current state of Canada’s economic landscape and whether or not the Bank of Canada should keep raising interest rates.

Canadians are not the only ones affected by bill payment problems. Here is a small sample of issues that were reported in the media last week:

  • Twitter faces lawsuits over alleged non-payment for office services in four countries.
  • New South Wales energy bill relief for struggling families trying to make regular payments.
  • Australian Telcos must offer financial hardship assistance.
  • Low-income Tulsa households are now eligible for federal assistance with their water bills and sewer bills.
  • Millions of Aussies have been placing buy now, pay later (BNPL) payments ahead of their other monthly obligations, according to new research. Around two in five (43%) Australians used a BNPL account in the past six months, a Finder survey of 1,090 respondents revealed.

Bill payment problems can impact the financial security of individuals and their households. Failure to make on-time payments results in extra charges, which can cause serious emotional stress. In addition, missing out on payments will negatively influence your credit score.

For family members, bill payment issues can result in heightened tension as they try to manage their expenditures and make ends meet. This can cause relationship stress, as money worries are a usual reason for arguments.

To alleviate these concerns, households need to develop a spending plan to ensure that they can first understand what their income (net of tax obligations) is, as well as what their essential and non-essential expenses are. It is just after that can any individual appropriately understand exactly how to deal with bill payment concerns.bill payment

Identifying the root causes of bill payment issues

There can be many root causes of bill payment issues. Here are some usual ones:

Financial restrictions: Among the key factors for bill payment problems is financial problems. If an individual is facing financial restraints, they will struggle to have enough money to make all bill payments on time every month, resulting in postponed payments.

Lack of budgeting: Poor or no budgeting or financial planning can contribute to bill payment problems. If individuals don’t properly budget adequate funds for expenses or prioritize their expenditures correctly, they will struggle to pay their bills on time.

Unforeseen costs: Unanticipated costs, such as emergency vehicle repairs, can interrupt a person’s financial security and also make it meet all bill payment dates. These unanticipated situations can trigger short-term money strain.

Inadequate income: Insufficient income makes it impossible for individuals to cover their regular monthly costs. If somebody’s earnings are inadequate to satisfy their financial responsibilities, they will have bill payment problems.

Incorrect invoicing or disagreements: In some cases, bill payment issues result from mistakes in the invoices or disagreements regarding what the cost of a particular item should have been. This is the easiest one to fix, assuming you have proof that you have been improperly billed. This also assumes that you have enough cash on hand to immediately pay off the right amount owing.

Lack of organization: Poor financial habits or disorganization can add to bill payment issues. If people fail to keep track of their expenses, due dates, and what is owed, they might overlook or neglect to make timely payments.

Communication issues: Lack of clear and timely communication between service providers and customers can lead to payment problems. Misconceptions, hold-ups in getting bills, or failure to inform customers concerning when payment is expected can add to bill payment troubles.

Change in personal conditions: Life events such as job loss, divorce, or moving can disrupt a person’s financial security and lead to bill payment problems. Modifications in personal circumstances can cause what is hoped to be only temporary bill payment problems.

Procrastination or carelessness: Often, bill payment problems happen due to laziness or carelessness. Individuals might delay bill payments or neglect them totally, bringing about late payment fees. At its worst, this can lead to service disruptions.

It is very important to keep in mind that the root causes of bill payment problems can vary depending on a variety of issues. Addressing these reasons frequently calls for proactive financial planning, budgeting, proper communication and regular ongoing review to make sure that your bills are paid on schedule.

Strategies for effectively managing your bills

Over the years, I have written many articles on various strategies for taking charge of your finances to avoid financial problems. Most recently, it was discussed in Brandon’s Blog “UNDERSTANDING AND OVERCOMING FINANCIAL STRESS: A COMPREHENSIVE GUIDE TO GET FROM WORRIED TO WELL-PREPARED”.

Here are some strategies for helping with bill payments. The following list is not mutually exclusive:

Importance of budgeting in bill payment

Handling bill payments efficiently demands making use of budgeting, an essential tool. Budgeting offers individuals an extensive understanding of their earnings and expenses, enabling them to allot funds appropriately. By creating a budget, people can prioritize their expense repayments, making sure that essential costs are paid on time.

This technique does not just help in avoiding late payments, fees, as well as added interest charges. It also facilitates the identification of non-essential expenditures that can be lowered or gotten rid of entirely. This, in turn, lets you make the most of your funds for what is essential and what isn’t. Welcoming this proactive approach to financial planning is important for recovering your financial security.

Prioritizing bills and negotiating payment plans

Handling your funds properly includes the important job of prioritizing expenses and even negotiating extended payment plans with certain creditors to allow for reduced payments over time to pay off an outstanding balance in full. It’s important to recognize which costs hold the highest possible priority to prevent undesirable repercussions like late fees or a negative effect on your credit rating. Setting up an alternative payment plan with certain creditors may just be what is needed to give you some breathing room.

Once you’ve established what are the most essential expenses, participating in conversations with creditors and getting certain payment plan extensions will relieve your financial stress and anxiety. Clear communication with creditors is essential to finding remedies that benefit both of you. Being transparent about your financial constraints and actively looking for resolutions are very important actions to take. By prioritizing bills and masterfully discussing payment plans, individuals can reclaim control over their finances and stay away from more dangerous financial pitfalls.

Increase your income with a side gig to help with bill payment

It is critical to discover extra income possibilities if you come up short each month in your bill payment. Technical innovations and the surge of side gigs make it very common for people to supplement their income with a side gig. Examples of these alternate income opportunities include freelancing, online tutoring, and running an e-commerce site.

When considering different additional income opportunities, it is very important to examine one’s skills and interests to recognize suitable opportunities. Expanding income streams not only supplies security but also fosters personal development. By welcoming different revenue sources, people can take control of their financial future and chart a much more interesting career path.

Increase your financial literacy through local community resources

When dealing with difficulties with paying your bills, don’t overlook what may be available in your local community resources. There may be free or very low-cost help for you. Community centres regularly run programs or workshops on monetary management, budgeting, and financial literacy. Joining these programs can outfit people with the necessary skills to handle their bills efficiently and regain their financial confidence.

Moreover, social services may give financial help to those in need. By utilizing these resources, Canadians can get the essential support to overcome their bill payment obstacles to get into a better financial state. It is essential to make use of these local resources to develop a solid foundation for financial well-being.

Use technology to get the best cost savings

In today’s digital world, the application of modern technology like apps to save money has ended up being important for people. Price comparison tools and budgeting apps are valuable resources that make it easier than ever to monitor expenditures and make educated choices. These devices not only help recognize the very best offers, but they also supply information on your spending behaviours, letting you save substantial amounts of money and streamline your purchasing and spending patterns.

By staying updated with the huge array of available apps and modern technologies, people can remain competitive with up-to-date information on prices and spending patterns. Incorporating these devices into day-to-day routines and financial monitoring practices people can maximize cost savings and optimize financial outcomes in today’s vibrant marketplace.bill payment

Bill payment: Additional resources and support for Canadians facing bill payment challenges

For those whose financial situation is direr and they need more than just implementing the above tips, I have written many of Brandon’s Blogs incorporating the topics such as:

  • Common traps to avoid such as payday loans, credit card debt, impulse spending and lack of financial education or financial literacy.
  • Debt consolidation
  • Debt settlement
  • Credit counselling
  • Consumer proposal
  • Bankruptcy

I won’t repeat them here but you do not have to go any further than last week’s Brandon’s Blog: “DEBT RELIEF OPTIONS: OUR COMPREHENSIVE GUIDE FOR IDENTIFYING RELIABLE DEBT ADVICE” to read all about it.

Overcoming bill payment challenges requires effective strategies and practical tips. It is crucial to manage bills efficiently to regain financial stability. By prioritizing expenses, creating a budget, and exploring payment assistance programs, Canadians can overcome their bill payment difficulties. It is also important to communicate with creditors and explore alternative payment options. Seeking professional advice and support from financial advisors or credit counselling agencies can provide valuable guidance during this process. With determination and proper financial management, Canadians can overcome their bill payment challenges and work towards a more stable financial future.

Encouragement and support for Canadians facing bill payment difficulties

When people encounter difficulties with bill payments, it is important to employ reliable methods and functional tips to deal with those circumstances. Proper management of expenses plays a crucial function in bringing back financial security. Canadians can manage their bills successfully by prioritizing expenses, developing a budget, and exploring other assistance programs available to them.

Furthermore, open interaction with creditors, as well as the exploration of different repayment alternatives, are essential steps to take. Seeking specialist advice as well as support from financial and debt experts can provide beneficial advice throughout. With persistence as well as correct financial planning, Canadians can overcome their bill payment obstacles and work in the direction of a much more safe and more secure financial future.

Bill payment conclusion

I hope you enjoyed this bill payment Brandon’s Blog. Problems with making ends meet are a growing concern in Canada, affecting individuals of all ages and income levels.

Creating a solid financial plan can be the key to unlocking a brighter and more prosperous future. By taking control of your finances, you can prioritize your expenses, set clear financial goals, and build a strong foundation for your dreams to come true. With the right mindset and approach, financial planning can empower you to regain control, eliminate this issue as a source of stress in your life and find peace of mind.

Individuals must take proactive measures to address financial difficulties and promptly seek assistance when necessary. It is crucial to recognize that financial stress is a prevalent concern and seeking help is a demonstration of fortitude, rather than vulnerability. Should you encounter challenges in managing your finances and find yourself burdened by stress, do not delay in pursuing aid.

Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses that are in financial distress. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind.

The Ira Smith Team understands these concerns. More significantly, we know the requirements of the business owner or the individual that has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

It is not your fault you can’t fix this problem on your own and it does not mean that you are a bad person. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team uses innovative and cutting-edge methodologies, to adeptly navigate you through the intricacies of your financial challenges, ensuring a resolution to your debt-related predicaments without resorting to the rigours of the bankruptcy process. We can get you debt relief now!

We have helped many entrepreneurs and their insolvent companies who thought that consulting with a Trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

The Ira Smith Trustee & Receiver Inc. team understands that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.bill payment

 

 

Categories
Brandon Blog Post

IMPORTANT LEGAL DECISION: HOW PRIORITY IS ASSIGNED BETWEEN CONSTRUCTION ACT LIEN AND LICENSED INSOLVENCY TRUSTEE FEE

construction act
construction act

Construction Act, R.S.O. 1990, c. C.30: Introduction

 

In May 2020, I wrote Brandon’s Blog CONSTRUCTION LIEN ACT: CAN YOU TRUST AN INSOLVENCY PROCEEDING?

In October 2021, I wrote CONSTRUCTION LIEN ACT OF ONTARIO: THE GRIPPING FIGHT BETWEEN LIEN FILING, A PRIOR MORTGAGE & RECEIVER FEES. In that blog, I wrote about what a construction lien is and a decision of the Court of Appeal for Ontario in a receivership context.

Now there is a decision released by the Alberta Court of King’s Bench of Alberta on February 15, 2023, regarding Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII). This decision relies on the Court’s inherent jurisdiction rather than following a specific rule set out in the Bankruptcy and Insolvency Act (Canada) (BIA). Based on the specific facts of this case, this decision sets the priority between a construction lien and the fee and disbursements of a licensed insolvency trustee (formerly called a bankruptcy trustee).

I have compiled a comprehensive guide to help you understand the case’s implications. Our guide provides information on the Ontario Construction Act, R.S.O. 1990, c. C.30 (Construction Act) the background of the case, the decision, and what it means for stakeholders in the construction industry if this decision is not overturned on appeal (should an appeal be launched) and if this line of thinking was adopted in Ontario.

Our understanding hopefully provides clarity for contractors, builders, lawyers, lenders and other construction industry players. Following the Alberta Court’s decision, it is necessary to understand how a Construction Act lien will rank against other claims and especially the licensed insolvency trustee fees. Our guide will help readers learn:

  • the importance of a construction lien
  • the background of the case;
  • what the Court’s decision was;
  • the implications of the case; and
  • how to protect their interests under similar circumstances.

We caution that we are not lawyers and especially not construction lawyers. Anyone involved in the construction industry needs to seek the advice of their legal counsel.

Our specialty is that of a licensed insolvency trustee. We will be jumping between the requirements of the Construction Act in Ontario and the Alberta Court decision. Since bankruptcy matters are federal law, while the Construction Act is provincial law, I feel that the comparison is apt.

What is the Ontario Construction Act?

The Construction Act is a piece of legislation in the province of Ontario. The act regulates the construction industry in Ontario and outlines the rules and requirements for construction contracts, requests for payment, the prompt payment regime and payment dispute resolution.

The Construction Act is divided into various parts, each dealing with different aspects of construction. Part II outlines the trust provisions and the interim dispute resolution provisions. Part III deals with the construction lien, which allows contractors and subcontractors to secure payment for work they have done. Part IV outlines the holdback provisions Part V of the act deals with the expiry, preservation and perfection of construction liens.

The current Construction Act came into being in September 2021. Before then Ontario had the Construction Lien Act. Overall, the Construction Act is an important piece of legislation for the construction industry in Ontario, providing a framework for fair and equitable treatment of all construction contracts, payment, and dispute resolution. As a business owner or contractor in the construction industry, it is essential to understand your rights and obligations under the Construction Act.

One very complicated area of this provincial law is the ranking of a Construction Act Lien against licensed insolvency trustee fees in the event of a company’s insolvency and bankruptcy. The recent decision from the Alberta Court sheds light on this topic and provides valuable insights for contractors, business owners and insolvency professionals.

construction act
construction act

What is a construction lien under the Construction Act?

A construction lien is a legal claim against a property that is created by a contractor, subcontractor, or supplier who has provided labour or materials for the improvement of that property. The purpose of a construction lien is to secure payment for the work or materials provided by the claimant.

In Ontario, construction liens are governed by the Construction Act, which outlines the process for creating, perfecting, and enforcing liens. A construction lien arises when a contractor, subcontractor, or supplier provides work or materials to improve a property but is not paid for that work or materials. The lien gives the claimant the right to take legal action to enforce the claim for payment.

Please note: While I cannot claim expertise in this particular field, I have served as a Court-appointed receiver for incomplete construction projects as a licensed insolvency trustee. As such, I have gained valuable experience dealing with a variety of construction lien issues within the context of receiverships.

Improvements to the Construction Lien Act of Ontario in making the Construction Act has focused primarily on implementing prompt payment provisions and establishing mechanisms for resolving disputes, such as the adjudication regime. Under provincial construction law, the prompt payment rules refer to the timely payment of an invoice following the issuance of a “proper invoice.”

Specifically, contractors must receive payment for their work within 28 days of their invoice being received by the owner. The owner has 14 days to object to the amount, quality, or invoice of the work outlined in the invoice. Additionally, the time limit for filing/preserving liens has been extended from 45 days to 60 days.

The primary objective of this revised policy is to enhance cash flow management within the construction hierarchy by expediting conflict resolution and avoiding either late payment or non-payment. The newly implemented adjudication provisions are designed to resolve construction disputes proficiently with qualified adjudicators and a code of conduct for their ethical conduct.

In the event of a failure to extend the timeline, the adjudication regime mandates that the decision must be rendered within 46 days of initiation. If a party fails to comply with the adjudicator’s decision, the aggrieved party is entitled to halt or terminate work under the contract.

Under industry standards, holdbacks necessitate that the landowner, the contractor, or the subcontractor withhold a sum of 10% from the overall expense of materials or services rendered. It is permissible to furnish a bond or security deposit in place of the holdback contingent upon the provisions outlined in the contractual agreement.

To perfect a construction lien under the Construction Act, the claimant must follow a specific process. First, the claimant must provide written notice of their intention to lien to the owner of the property, the general contractor, and any other parties with an interest in the property.

After providing notice, the claimant must register the lien with the Ontario Land Registry Office after the last day the claimant provided work or materials. The registration of the lien must include specific information, such as the amount claimed, a description of the property, and the names of the parties involved.

Once the lien is registered, the claimant must take legal action to enforce the lien within a specific timeframe, or the lien will expire. This legal action results in the filing of a lawsuit to enforce the lien or participating in mediation or arbitration to resolve the dispute. There are specific time frames to all these steps under the Construction Act which must be followed.

Overall, construction liens provide important protections for contractors, subcontractors, and suppliers by allowing them to secure payment for their work or materials. However, the process of creating and enforcing a lien is complex. It is important to seek legal advice to ensure that the lien is properly perfected and enforced.

Definition and criteria for awarding licensed insolency trustee fees in a Canadian bankruptcy

In accordance with the BIA, a licensed insolvency trustee (LIT) in Canada is authorized by the federal government to oversee bankruptcies and proposals. It is mandatory for individuals or companies that file for bankruptcy to designate a LIT to manage the process.

The fees of a LIT in small consumer personal bankruptcy files are determined by a tariff established by the Office of the Superintendent of Bankruptcy. This tariff is meant to fairly compensate LITs in these small files.

In all corporate bankruptcy and larger personal bankruptcy administrations, the LIT’s fee depends on the complexity of the case, as well as the value of assets and liabilities involved. The LIT must have its fee and disbursements approved by the Court in these larger files.

It is imperative to acknowledge that a particular hierarchy is established in the BIA that determines the order of priority in which a LIT’s fees are paid from the assets of the bankrupt estate. Prior to any ordinary unsecured creditors, LITs are compensated after trust claimants, secured creditors, and preferred unsecured creditors. Consequently, any remaining funds earmarked for LITs’ remuneration will curtail the amount accessible to cover the claims of ordinary unsecured creditors.

This is where the issues in the Alberta case arise. Before agreeing to accept an insolvency assignment, the LIT needs to understand how they are going to get paid. In a bankruptcy where there are secured creditors, those creditors may suffer a shortfall and therefore there will be no money available for the LIT fees and disbursements, even if they are fully approved.

In such cases, the LIT must first get a sizable cash retainer or the indemnity of a third party who can afford to pay the fees and costs upfront. This must be done by the LIT BEFORE accepting the file. It is most important for the LIT to pay attention to how it is going to get paid for administering bankruptcy. There are certain red flags that must be identified when assessing a potential bankruptcy administration, especially for an unfinished construction project.

construction act
construction act

Different types of licensed insolvency trustee fees in a Canadian bankruptcy

LIT fees pertain to the charges levied by a Trustee for the range of services provided in the administration of a bankruptcy estate. These fees are extracted from the estate’s assets and are contingent on the intricacy of the case, the amount of time and effort invested by the Trustee, and the overall value of the assets in question.

According to the BIA, LIT fees are determined based on specific criteria that govern the administration of bankruptcy proceedings. Both the fees and expenses incurred by the Trustee and their legal representative must be approved by the Court. As a result, the LIT must acquire the Court’s authorization for their expenses and charges.

The Court holds the power to decide the amount and fairness of the Trustee’s fees. The Court considers several factors such as the complexity of the case, the amount of time invested by the Trustee, the value of the assets involved, and the quality and level of services rendered by the Trustee. The Court also takes into account the evidence of any party opposing the approval of the LIT’s fees as submitted for approval.

The services rendered by a LIT are subject to regulatory oversight under the BIA, which has established a framework for fees that can be charged by LITs. These fees are bifurcated into two categories:

  • Administrative Fees: These fees are levied by LITs for the administrative work they perform during the bankruptcy process. They encompass a range of activities such as document preparation and filing, communication with creditors, and asset collection, realization and distribution.
  • Disbursement Fees: LITs charge disbursement fees for expenses incurred while managing the bankruptcy. These expenses can range from fees for appraisers, Court filing fees, and legal fees, and are typically reimbursed from the debtor’s estate.

Importance of paying attention to bankruptcy trustee fees

Bankruptcy cases entail a diverse range of fees that creditors and relevant parties must meticulously monitor. Trustee fees are a significant aspect of these fees, as they could significantly impact the funds available for creditor payments. Thus, understanding the mechanics of these fees and their implications on your bankruptcy interests is crucial.

This is especially pertinent for those affiliated with the construction industry or those who supply products and services to construction projects. In recent years, there has been some confusion and uncertainty surrounding how Construction Act liens rank against Trustee fees in bankruptcy cases.

Regrettably, in my view, the recent judgment from the Alberta Court of the Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII) decision has only served to exacerbate this ambiguity, rendering the matter even more perplexing.

The following is my take on the Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII) decision.

construction act
construction act

Background of the case

In February 2019, Golfside Ventures Ltd. and Hustle Holdings Ltd. joined forces through a Joint Venture Agreement to develop forty-four parcels of barren land in Redwater, Alberta, commonly known as the Lands. However, shortly after the agreement was made, Golfside was declared bankrupt, with the Lands remaining as its sole asset.

Prior to the bankruptcy, the Trustee conducted due diligence and determined, notwithstanding the registrations against the title, that there was sufficient equity in Golfside’s assets to cover the associated fees and expenses. The Trustee also obtained an agreement with a third-party company to postpone and subordinate any of its claims against Golfside.

Despite these measures, one of the mortgagees filed a Builders’ Lien against the Lands after the bankruptcy commenced, claiming approximately $5,500,000 in relation to the joint venture. The Trustee disallowed the lien claim, prompting the creditor to appeal.

The Trustee, in seeking guidance and direction from the Court, filed a motion for the granting of an Order creating a first charge on the assets of Golfside in favour of the Trustee’s fee and disbursements, including legal fees. This request was made to ensure that the Trustee’s reasonable professional fees and disbursements are secured in their payment. The Trustee is relying on the principles of fairness and the inherent jurisdiction of the Court in making this request.

The Respondents asserted that the Trustee should have been aware of the existence of a lien prior to their appointment. They argue that the rights of secured creditors, as outlined in the BIA, should govern this situation, with secured lien claims taking priority over the payment of fees and disbursements to a bankruptcy trustee.

So the issue before the Court was can, and if so, should, the Court exercise its inherent jurisdiction to grant a charge in favour of the Trustee against the Lands and the proceeds from the sale of the Lands to secure the Trustee’s costs?

Court’s ruling and reasoning

Section 39 of the BIA sets out Trustee remuneration. Secured claims rank in priority over a trustee’s fees and expenses. A trustee should arrange to protect itself before incurring fees, expenses, and legal costs to administer the estate.

The lien claimant as a secured creditor would have priority over the Trustee‘s fees and expenses in the case of bankruptcy. The BIA provides the priority scheme for distributing proceeds of a bankrupt’s estate. It is not clear if the Court’s inherent jurisdiction can be applied in this situation. If so, the claim for lien would have precedence over the Trustee’s fees and expenses.

The Trustee would be entitled to a portion of the amount remaining out of the realization of the property of the debtor after the claims of the secured creditors have been paid or satisfied (s 39(2) in this case). The claim for lien would have priority over the Trustees’ fees and expenses.

The Trustee submitted that the Court may exercise its inherent jurisdiction to grant the requested charge. The Respondents take the position that the BIA is very clear and that the Trustee who incurred fees and expenses did so at its own peril. The Trustee’s responsibility is to ensure that only valid claims to the assets under administration are recognized. Determining the validity and priority of claims has a real cost.

In a prior decision, the Court ultimately granted a Trustee a charge over funds in its possession to the extent necessary to permit recovery of 50% of its reasonable fees and disbursements.

The Trustee in this case applied to have priority over the creditor in its capacities as both a mortgagee and as a lien claimant. Because each amount of these two claims exceeded the value of the assets, the Trustee applied for priority over the creditor as mortgagee also.

The Respondent mortgagee and lien claimant stated that the Trustee’s request is plainly contrary to the priority rights afforded secured creditors under the BIA. The court ultimately granted the Trustee the charge over the funds in Its possession, relying upon the inherent jurisdiction of the Court.

Construction Act: Impact of the decision on businesses, contractors and owners

We must remember that this is an Alberta court case, so, unless this decision is overturned on appeal, it only affects insolvency proceedings in Alberta. However, it will be interesting to see if this same approach is ultimately followed in other provinces. There are two parts to the secured claims of the Respondent: (i) a mortgage registered against title prior to the bankruptcy; and (ii) an unregistered security interest at the date of bankruptcy.

The Respondent’s submissions were correct. The BIA is clear. The claims of trust claimants, secured creditors and a very small type of special claims come ahead of the right of the licensed insolvency trustee to obtain its taxed fee and costs from the realization of the assets in a bankruptcy administration.

As stated above, the Court chose to use its inherent jurisdiction to override the relevant provisions of the BIA to grant the charge ahead of all secured claims, registered and unregistered. Albeit the Trustee had disallowed the construction lien claim which was unregistered at the date of bankruptcy and that disallowance was under appeal.

Whether other provincial courts will follow this decision only time will tell. If they do, will it then be common for courts to rule that the fee and expenses of a licensed insolvency trustee in administering a bankruptcy can prime a registered mortgage against lands? What about personal property security?

The recent decision from the Alberta Court concerning the lien claimant vs the Trustee fees is significant for anyone involved in any industry including the construction industry. Businesses, contractors and owners deserve certainty when dealing with insolvent companies. Unfortunately, this decision does not provide any certainty as the Court allowed the Trustee to prime both an unregistered charge, albeit of unknown value and a registered mortgage charge.

It seems to me that this decision should be appealed. I currently do not know if it is being appealed. In my opinion, the Court did more than just use its inherent jurisdiction. It used that authority to essentially rewrite the portion of the BIA that says creditors with valid security are outside the bankruptcy process, should be allowed to enforce their security and the Trustee’s fee and costs comes after the claims of secured creditors. Parliament did not intend this.

Also, by making this decision, the Court made moot the right of the construction lien claimant to appeal the Trustee’s disallowance of its claim to the Court. If there will not be any funds available after the Trustee’s fee and costs and the claimant’s mortgage, then the resulting effect is that the construction lien claim, assuming there is a valid monetary claim, is rendered to the class of ordinary unsecured even without the Trustee’s disallowance.

construction act
construction act

Construction Act: Conclusion

I hope you enjoyed this Construction Act Brandon’s Blog. Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

The Ira Smith Team understands these concerns. More significantly, we know the requirements of the business owner or the individual that has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We have helped many entrepreneurs and their insolvent companies who thought that consulting with a trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

The Ira Smith Trustee & Receiver Inc. team understands that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

construction act
construction act
Categories
Brandon Blog Post

OUR MOST READ BLOGS IN 2022: THE INTRIGUING LIST

our most read blogs in 2022
our most read blogs in 2022
our most read blogs in 2022
our most read blogs in 2022


Our most read blogs in 2022: Did people still consume blog content in 2022?

It is challenging to accurately ascertain the number of individuals who engaged in blog reading in 2022, as such information is not publicly accessible. However, if the performance of our blog, Brandon’s Blog, is any indication, blog reading should remain a widespread form of online content consumption in 2023 and beyond.

This is because blogs provide an easy way for individuals and businesses to share their opinions, stories, and advice with their audiences. Additionally, blogs can be customized to meet individual needs and preferences, making them accessible and enjoyable to a wide range of readers.

Furthermore, blogs are easy to share, allowing readers to share their favourite content with friends and family. As such, the prevalence of blog reading will likely continue for the foreseeable future. In this Brandon’s Blog, I explain what I think makes for an effective blog post and then discuss our most read blogs in 2022.

Our most read blogs in 2022: Which type of blog has the most readership?

The demand for personal blogs and business blogs can vary widely depending on the topic and audience. Some popular blog topics for personal blogs are the ones that impact people’s daily lives including personal finance, parenting, health and wellness, travel, food and cooking, technology, and fashion blogs. Some people may also be interested in specific hobbies or activities, such as gardening, crafting, sports, or fitness blogs.

In general, blogs that are well-written, informative, and engaging tend to be in demand, regardless of the topic. Blogs that can offer valuable insights, useful tips, or new perspectives on a subject can be particularly appealing to readers. Additionally, blogs that are updated regularly with fresh content following a specific content strategy, can be more attractive to readers, as they provide a reason to return to the site on a regular basis.

It is important to bear in mind that there can be fluctuating levels of demand for blogs due to the dynamic nature of individuals’ interests and priorities. A blog that covers a topical issue or a current event may experience a surge of readers, while a blog that looks at a less prominent topic may not be a popular blog.

Consequently, bloggers can benefit from being mindful of the int ests of their readership and having the capacity to adjust their blogging practices accordingly. That is what we try to do with Brandon’s Blog. I would love you to email me at info@irasmithinc.com to let me know how you think I am doing and if there are any topics, in particular, you wish me to cover.

our most read blogs in 2022
our most read blogs in 2022

Our most read blogs in 2022: What would be the most successful blogging strategy in 2023?

There are many strategies I believe that bloggers can use to make their blogs more effective in 2023 and beyond. What I try to do for making sure that this remains a successful blog is:

Create high-quality content with a specific content strategy:

One of the most important strategies for successful blogging is to create content that is informative, engaging, and well-written. This can help to attract and retain a loyal readership.

Use SEO techniques:

Search engine optimization (SEO) can help improve your blog’s visibility in search engine results pages. This can be achieved by using relevant keywords in your blog titles and content and creating meta descriptions and alt tags for images.

Promote the blog:

To ensure your blog reaches its intended audience, it is essential to use marketing tools to promote it through available channels such as social media and email.

Interact with your readers:

Developing a dedicated group of followers is a major part of blogging success. Connect with your audience and motivate them to spread the word about your content.

Frequency:

Keep your readers engaged and coming back for more by providing new content and getting the word out!

Don’t be afraid to mix things up in your blogs:

Trying out different formats and styles like video, audio, or interactive content can be a great way to keep your readers engaged.

To remain a leader in the industry, I’m constantly researching the newest trends, court decisions, and top strategies in the world of insolvency. This way I can ensure Brandon’s Blog topics are always up-to-date and appealing to new audiences. All this hard work gives me the confidence that my efforts won’t go to waste!

our most read blogs in 2022
our most read blogs in 2022

Our most read blogs in 2022: I’m excited to share with you our 10 most-loved blog posts from 2022!

From #10 to #1, here are our top 10 most read blogs in 2022:

10. CREDIT CARD DEBT AFTER DEATH IN CANADA: WHO IS RESPONSIBLE?

This August 2019 blog answers the 8 most asked questions about credit card debt after death in Canada.

9. CANADIAN DEBT RELIEF PROGRAM SCAM REVIEW: MASSIVE HARM CAUSED TO DEBTOR

In this January 2022 Brandon’s Blog, I wrote about the unfortunate privilege we had of consulting on a compelling case of a Toronto man who had opted to utilize a debt relief program offered by a Canadian debt relief firm to tackle his debt problems. Unfortunately, despite taking advantage of this program, the individual in question remains debt-ridden and lost his home, all a result of perfectly following the advice of the debt consultant.

8. 4 PILLARS CLASS ACTION LAWSUIT SETTLEMENT: OUR DEFINITIVE GUIDE TO THE PEARCE V 4 PILLARS LAWSUIT SETTLEMENT

On October 29, 2019, an agreement was reached in the Pearce v 4 Pillars Consulting Group Inc. class action lawsuit, certified by the court in British Columbia. This blog, published in March 2022, provided an overview of the settlement between the two parties. This debt consultant company in question obviously preferred this settlement to resolve the issue rather than going to trial. This is especially in light of the findings of the BC Court up to the point of the settlement as to the infractions by the debt consultant company.

7. HOW LONG DOES PROBATE TAKE IN ONTARIO? 7 QUESTIONS NEWBIE ONTARIO ESTATE TRUSTEES ARE EMBARRASSED TO ASK

In our role as Estate Trustees in our companion business, Smith Estate Trustee Ontario, our team of professionals often encounters queries regarding the duration of probate in Ontario, as well as 6 other commonly asked questions. This May 2021 Brandon’s Blog provides answers to these FAQs.

6. 4 PILLARS LAWSUIT GETS GIGANTIC APPROVAL TO PROCEED FROM COURT OF APPEAL FOR BRITISH COLUMBIA

In this May 2021 blog, I discuss the 4 Pillars lawsuit, explaining why the Court of Appeal for British Columbia has approved it as a class action proceeding, despite the objections of the debt consulting firm.

5. CEBA LOAN BUSINESS CLOSED: THE #1 DRASTIC ULTIMATE CEBA LOAN FORGIVENESS PLAN

Early this year, the Canadian Federation of Independent Business revealed that due to the indefinite prolongment of the pandemic, many Canadian businesses have become apprehensive about their financial stability. Even with emergency government assistance, the future of these businesses remained uncertain.

Despite the CEBA loan program for Canadian businesses in this April 2022 installment of Brandon’s Blog, I examined the implications for entrepreneurs who are unable to repay a CEBA loan and their business was forced to close.

4. CEBA LOAN UPDATE: 3 INTRIGUING CREATIVE WAYS FOR ENTREPRENEURS TO CONQUER CEBA LOAN DEFAULT

This October 2021, Brandon’s Blog provided a comprehensive update on the CEBA loan program and addressed the often-asked question of what constitutes a loan default. Additionally, the blog outlined three innovative strategies for entrepreneurs to deal with any potential loan default.

3. EXECUTOR DUTIES ONTARIO: OUR COMPLETE GUIDE TO MAKE A 1ST TIME EXECUTOR LOOK LIKE A PRO

My Firm through our other business, Smith Estate Trustee Ontario, frequently undertakes the role of Court-appointed Executor/Estate Trustee. Unfortunately, many individuals are inadequately equipped to handle the delicate process of settling the estate of a deceased family member or friend, leading to stress and distress.

This October 2021 Brandon’s Blog provides support to you in your duties as an Estate Trustee in Ontario through a helpful Ontario Executor duties checklist to help you navigate the estate settlement process with confidence and expertise.

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

The 407 ETR reports that only a small proportion of toll evaders choose to pay up voluntarily. However, they have one surefire way to make sure they recoup what they’re owed; Ontario can deny license plates to those who don’t settle their 407 toll debt. People ought to be aware that this is a serious consequence and should be sure to pay their tolls.

If you’re having difficulty with a 407 plate denial, this March 2021 Brandon’s Blog provides a comprehensive overview of the Canadian insolvency process and how it can help you handle this issue if the 407 is one of your creditors.

1. WHAT HAPPENS TO MORTGAGE WHEN YOU DIE CANADA: AMAZING DEBT PHILOSOPHY EXPLAINED

This Brandon’s Blog published in October 2019 dives into the implications of what happens to a Canadian’s mortgage when they pass away.

our most read blogs in 2022
our most read blogs in 2022

Our most read blogs in 2022: Are there any indicators that my financial situation is in good shape?

Several signs may indicate financial health:

  1. You have a budget and stick to it: Having a budget can help you keep track of your income and expenses and make sure you are saving and spending wisely.
  2. Your emergency fund exists: It’s critical to maintain an emergency fund for any unanticipated costs or situations. A reliable guideline is to have enough cash stored away to cover your living expenses for at least three to six months.
  3. You have manageable debt: Having some debt is normal, but it’s important to make sure your debt is manageable and that you are making progress in paying it off.
  4. You save and invest: Building wealth involves saving and investing for the long term. If you can set aside money for the future and invest it wisely, it can be a sign of financial health.
  5. You can meet your financial obligations: Being able to pay your bills on time and meet your financial obligations, such as rent or mortgage payments, is a sign of financial stability.
  6. You have a financial plan: Having a plan for your financial future can help you achieve your financial goals and can be a sign of financial health. This might include setting savings goals, investing for retirement, or planning for a major purchase.

Our most read blogs in 2022: What will your 2023 finances look like?

I hope you enjoyed our most read blogs in 2022 Brandon’s Blog.

There are many financial blogs. Ours focuses mainly on issues of importance to those experiencing debt problems. Income and cash flow shortages are critical issues facing Canadians, be they employees, entrepreneurs or companies and businesses. Are you now worried about just how you or your business are going to survive? Those concerns are obviously on your mind. Coming out of the pandemic, we are now worried about its economic effects of inflation and a potential recession.

The Ira Smith Team understands these concerns. More significantly, we know the requirements of the business owner or the individual that has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We have helped many entrepreneurs and their insolvent companies who thought that consulting with a trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

We understand that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

our most read blogs in 2022
our most read blogs in 2022

 

Categories
Brandon Blog Post

DAMAGES FOR MENTAL DISTRESS CANADA: DAYLAN HEIDEL ORDERED TO PAY $160K TO REVENGE PORN VICTIM

damages for mental distress
damages for mental distress canada

Damages for mental distress in Canada: What are psychological injuries?

In Canada, there are a number of different options available to those who have suffered from psychological injuries. These include a civil lawsuit for damages for mental distress, which can help to cover the costs of treatment and other related expenses.

There are a variety of factors that will be considered when determining the available damages. These include the severity of the injuries, the impact on the victim’s life, and if this type of bodily harm was inflicted on purpose.

Earlier this year, a Saskatchewan court ordered a man to pay $160,000 in damages to a victim of revenge pornography abusive conduct. This is a significant decision that could have far-reaching implications for other victims of this heinous crime. The man’s lawyer said that his client will never be able to afford to pay off this claim and may have to file for personal bankruptcy in order to get released from this debt. This really piqued my interest.

In this Brandon’s Blog, I describe the decision of damages for mental distress in Canada awarded against the man, Daylan Heidel.

Damages for mental distress in Canada: Can you sue for emotional damage or mental suffering in Canada?

Mental impairments or mental distress describes the suffering caused by an accident, injury, or any kind of distressing experience. People who have experienced a traumatic event, including those who may have witnessed the event and also family members of the sufferers, can file a civil legal action claiming mental distress or psychological suffering. It affects all of these people’s quality of life and produces catastrophic injuries to a person’s psyche.

Usually, in our society, psychological distress, mental health issues or mental suffering are typically minimized or even considered inconsequential health conditions contrasted to physical harm. The truth is that medical evidence has shown that psychological injuries like emotional distress are just as real an injury as physical ones. Unlike a physical injury, it can last for a long period of time and could lead to long-term emotional damage. This is often ignored. The victim could have various symptoms from the traumatic experience. These include post-traumatic stress disorder or other symptoms, including sleep disorders, huge mood swings and loss of dignity long after the stressful event.

Nevertheless, you may be able to start a lawsuit against the party that is the source of your emotional distress. You might also be qualified for payment according to your legal rights. If you have the ability to collect on the award, that cash can go for spending on the treatment that you need.

Canadian courts are showing that they are willing to give awards for damages for mental distress in Canada.

damages for mental distress
damages for mental distress canada

Damages for mental distress in Canada: Mental distress damages awarded in the Saskatchewan court case

Daylan Heidel was scorned by his ex-lover. He thought that he would get even by uploading nude pics and videos of her to various internet sites. He didn’t just post her intimate images without her consent, but also published her name and personal details. The Judge awarded her $160,000 in general and aggravated damages for mental distress in Canada.

Heidel had already served some jail time a while back. He was convicted of distributing images of six women without their consent. One of them got a lawyer and sued Heidel for violating her privacy. A video of her has 1.5 million views. So every time somebody accesses that material, it’s another violation of her. She was able to sue for those continuing violations.

Since the federal government criminalized the non-consensual distribution of nude pics and videos in 2015, several provinces, including Saskatchewan, have amended privacy laws to make it easier for victims to take civil action and sue perpetrators for compensation. This is a form of sexual abuse. Although there have been only a few cases so far, this shows that the law is working and that victims now have a way to stand up for their rights, which can have a huge psychological benefit for the aggrieved party.

A Court of King’s Bench for Saskatchewan Judge has found that Heidel’s actions were malicious, flagrant, and intentionally inflicted mental distress. This is a significant ruling, as civil suits for an award for damages for mental distress in Canada are still not common.

This is the largest sum awarded thus far for damages for mental distress in Canada arising from the distribution of intimate photos without the person’s consent. This decision is good news for supporters of victims of sexual violence. In our culture, we tend to put a price on things, and so this decision values the lives of sexual assault victims.

The defence lawyer for Heidel stated that his client may appeal the decision or file for bankruptcy, even though he accepts responsibility for his actions and regrets them deeply. The lawyers went on to say that this case should serve as a warning that sharing intimate images without consent can have severe consequences.

Heidel’s defence lawyer’s lack of appreciation for the nuances of Canadian bankruptcy law is evident. It is obvious that he is not an experienced lawyer for bankruptcy and insolvency matters.

Damages for mental distress in Canada and bankruptcy

The defence lawyer for Heidel believes that his client can file for bankruptcy and avoid liability for the court award. However, given the wording the Judge used, this is incorrect. As stated in numerous previous blogs on personal bankruptcy, it is the discharge from bankruptcy that eliminates the person’s debts.

However, according to section 178(1) of the Bankruptcy and Insolvency Act (Canada) (BIA), there is a class of debts that are not discharged when the bankrupt receives their absolute discharge from bankruptcy.

Specifically, part of section 178 (1) states:

“178 (1) An order of discharge does not release the bankrupt from

(a) any fine, penalty, restitution order or other order similar in nature to a fine, penalty or restitution order, imposed by a court in respect of an offence, or any debt arising out of a recognizance or bail;

(a.1) any award of damages by a court in civil proceedings in respect of

(i) bodily harm intentionally inflicted, or sexual assault, …”

The court found that the defendant’s actions constituted intentional infliction of mental distress. The plaintiff was able to demonstrate that the defendant’s conduct was extreme and outrageous, intentionally or recklessly causing the plaintiff emotional distress. The plaintiff also established that she incurred a visible and demonstrable injury as a result of the defendant’s actions. Courts in Canada have held that mental distress intentionally inflicted is bodily harm, a personal injury claim.

Further, the Judge having chosen the words “malicious, flagrant, and intentionally inflicted mental distress” in awarding the damages for mental distress in Canada in this sexual assault case, has recognized the defendant’s outrageous conduct and puts the award squarely within the scope of BIA section 178(1)(a.1)(i).

That means that Heidel will never be able to eliminate this debt with a discharge from bankruptcy if he ever chooses to file. This debt will follow him forever.

damages for mental distress
damages for mental distress canada

Damages for mental distress in Canada: Is there a need to review your situation?

I hope you enjoyed the damages for mental distress in Canada Brandon’s Blog.

Income and cash flow shortages are critical issues facing Canadians, be they employees, entrepreneurs or companies and businesses. Are you now worried about just how you or your business are going to survive? Those concerns are obviously on your mind. Coming out of the pandemic, we are now worried about its economic effects of inflation and a potential recession.

The Ira Smith Team understands these concerns. More significantly, we know the requirements of the business owner or the individual that has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We have helped many entrepreneurs and their insolvent companies who thought that consulting with a trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

We understand that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

damages for mental distress
damages for mental distress canada
Categories
Brandon Blog Post

FRAUDULENT MISREPRESENTATION: OUR AUTHORITATIVE GUIDE ON WHAT (REALLY) GOES INTO FRAUDULENT MISREPRESENTATION

fraudulent misrepresentation
fraudulent misrepresentation

An overview of fraudulent misrepresentation

Fraudulent misrepresentation can be incredibly damaging for the victim, both emotionally and financially. It occurs when someone makes a false statement about a material fact with the intention of inducing another person to rely on that statement, and the reliance causes damages.

Fraudulent misrepresentation is a civil wrong (tort) that can be the basis for a lawsuit. It can also be a crime, depending on the circumstances.
Anyone accused of fraudulent misrepresentation must speak to an experienced lawyer to discuss their case and the possible defences they may have.

Last week’s Brandon’s Blog, “MORTGAGE FRAUD IN CANADA: CANADIAN BANKRUPTCY CAN’T RELEASE YOU FROM A CORRUPT DEBT YOU CREATED“, I wrote about what mortgage fraud is and how it is perpetrated. I also described a recent decision of the Court of Appeal for Ontario on how anyone found guilty of mortgage fraud and had damages awarded against them will not be able to remove that debt by filing an assignment in bankruptcy.

I described how that kind of debt will not be discharged in bankruptcy because it is one of the exceptions outlined in section 178(1) of the Bankruptcy and Insolvency Act (Canada).

In this week’s Brandon’s Blog, I describe a recent decision of the Ontario Superior Court of Justice, Bank of Montreal v. 1886758 Ontario Inc., 2022 ONSC 4642. This case is about fraudulent misrepresentation, why that kind of debt will also not be released by the guilty individual’s discharge from bankruptcy and the court’s attitude to that issue.

What are the three types of misrepresentation?

Over the years, misrepresentation legal issues have been tried in court and the law has developed such that misrepresentation can be divided into 3 types; innocent, negligent and fraudulent. If there are no consequences for lying or omitting important information when entering into a contract, then agreements between parties to conduct business would become meaningless. The concept of misrepresentation is important in contract law.

The differences between the 3 types of false misrepresentation are as follows:

  1. Innocent misrepresentation: this is when someone makes a false claim or untrue statement but honestly believes that the false representation is true.
  2. Negligent misrepresentation: this is when someone makes a false claim without realizing that it is not true. They did not fulfill their duty of care when making statements to make sure they are or are not true.
  3. Fraudulent misrepresentation: this is when someone makes a false claim deliberately in order to deceive others.

    fraudulent misrepresentation
    fraudulent misrepresentation

When you make a false statement, you may face civil or criminal consequences. Common examples of making a false statement are:

  • in order to obtain or deny benefits arising from a contract, you may be guilty of fraud;
  • making a false statement under oath in court, you may be charged with perjury;
  • a false statement made that harms another person, you may be sued for defamation; and
  • in order to commit or help someone who committed a crime, may be obstruction of justice or criminal conspiracy

In civil case matters, the party who has suffered damages as a result of the misrepresentation will be awarded a monetary award by the court.

The court case: What’s the process for suing someone for fraudulent misrepresentation?

The process used by the Plaintiff, Bank of Montreal (“BMO”) was a legal claim by starting a claim for misrepresentation and recovery of the debt owing by way of a Statement of Claim for a default judgment and related relief against 1886758 Ontario Inc. operating as Rejuv Medical (“Rejuv Medical”) and its Director, who was a guarantor of the loans to Rejuv Medical, in a debt collection and fraud action by BMO.

The aggrieved party, BMO, filed its motion seeking:

  • An Order granting the Plaintiff default judgment as against the Defendants is issued in accordance with Plaintiff’s Statement of Claim. This includes a judgment in the aggregate sum of $442,723.36 as of June 29, 2021, plus accruing pre-and post-judgment interest from that date.
  • Claims for damages seeking an award for punitive damages in the amount of $150,000.
  • Substantial indemnification for all related costs, charges, expenses, and fees, including legal fees.
  • Sole possession of the assets of Rejuv Medical.
  • A declaration attesting that any amounts awarded by the court are debts resulting from obtaining property by false pretenses or fraudulent misrepresentation.

    fraudulent misrepresentation
    fraudulent misrepresentation

The evidence of fraudulent misrepresentation

BMO and Rejuv Medical entered into a letter agreement on November 16, 2020, under which BMO will provide three credit facilities:

  • The first loan was for $350,000 under the Canada Small Business Financing Act, with interest at BMO’s prime rate plus 3.00% per annum.
  • BMO provided a $120,000 operating loan to Rejuv Medical, payable on demand with interest at the bank’s prime rate plus 2.15% per annum. This loan is in addition to the existing business account and will help with short-term operating expenses.
  • The third facility was a $30,000 commercial credit card agreement with an interest rate of 21.00% per annum.

BMO will only advance loan proceeds to eligible businesses for prescribed purposes, in accordance with the Canada Small Business Financing Act and its regulations. Accordingly, a loan applicant must specify and confirm how it will satisfy one of these prescribed purposes.

The principal of Rejuv Medical and guarantor of the proposed BMO credit facilities signed a Declaration on its behalf. The Declaration stated that the Borrower understands that, under the Canada Small Business Financing Regulations, loans cannot be made for certain purposes and under certain circumstances. To assist in the determination of whether a loan to the Borrower would be permitted under these regulations, the Borrower provided information to show that the first facility loan did qualify.

BMO learned later that the representations made were false and that the invoice provided as proof of purchase of qualifying equipment was a fabricated document.

At the time BMO determined that there were material inaccurate and false representations made by Rejuv Medical and its Director the guarantor, Rejuv Medical defaulted on its obligations to BMO for the loans.

What are the potential damages that could be claimed for fraudulent misrepresentation in this case?

The motion judge stated that the Borrower and guarantor being noted in default and not defending the action are taken to be an admission that Rejuv Medical and its Director:

  • Never intended for the funds advanced to be used to purchase the equipment specified in the government loan program application process or the produced invoice.
  • Had no record of purchasing the equipment specified in the invoice, or any comparable property or asset.
  • Never intended to purchase the equipment in the manner represented, or at all.
  • Did not establish the small business with the intention of operating it for an extended period of time or making a profit.
  • Made false representations and declarations, knowing that they were false, without belief in their truth, or recklessly indifferent to whether the representations and declarations were true or false.
  • Making this fraudulent misrepresentation caused damages as BMO suffered losses and damages, including the amounts owing for the loans.

Concerning the debt collection aspect of this case, the evidence established that the loans in question have gone into default and have not been repaid. Thus there was a breach of contract.

Based on this evidence, it is clear that Rejuv Medical owes and is liable to pay BMO $442,723.36 as of June 29, 2021, plus accruing pre-and post-judgment interest. As a fraud case, in addition to the amount of the loans and accrued interest to be paid, the court also awarded BMO $150,000 in punitive damages.

fraudulent misrepresentation
fraudulent misrepresentation

What are the 5 elements of a fraudulent misrepresentation claim?

The court emphasized that the five elements of a fraudulent misrepresentation claim are:

  1. a defendant made a false statement;
  2. with full knowledge that the statement was false, or with complete indifference to its truthfulness, the statement was made;
  3. the intent to deceive;
  4. the false statement being material and inducing the Plaintiff to act; and
  5. the plaintiff has suffered damages.

BMO did not seek a direction that its claim would survive a bankruptcy discharge, as the debt would fall within s. 178 of the Bankruptcy and Insolvency Act (Canada) (“BIA”). BMO made it clear that in the event the Defendants declare bankruptcy, it intends to rely on section 178 of the BIA.

You will recall from last week’s Brandon’s Blog, that section 178(1) of the BIA is the listing of the types of debts that are not released by a personal bankruptcy discharge. So if the guarantor ever declares bankruptcy, BMO’s debt will survive his discharge.

Section 178(1)(e) of the BIA specifically states that any debts or liabilities resulting from obtaining property or services through false pretenses or fraudulent misrepresentation will not be discharged through bankruptcy.

If the guarantor files for bankruptcy, BMO will seek an amendment to its judgment in order to declare that the debt still needs to be paid, and based on section 178(1) of the BIA, the debt will survive a discharge from bankruptcy. From my Brandon’s Blog of last week, it is evident that should the time come, BMO will get that further declaration.

You are not alone in this – get help from a Licensed Insolvency Trustee

I hope you enjoyed this Brandon’s Blog on fraudulent misrepresentation and how bankruptcy will not help the guilty defendant. Are you or your company in need of financial restructuring? Have you suffered damages because of reliance on false or misleading statements in business contract terms? The financial restructuring process is complex. The Ira Smith Team understands how to do a complex restructuring. However, more importantly, we understand the needs of the entrepreneur or the person who has too much personal debt. You are worried because you are facing significant financial challenges.

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

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

We realize that people and businesses in financial difficulty need practical advice and a workable solution in an easy-to-understand financial plan. The Ira Smith Team knows that not everyone has to file for bankruptcy in Canada. Most of our clients never do, as we are familiar with alternatives to bankruptcy. We assist many people in finding the relief they need.

Call or email us. We can tailor a new debt restructuring procedure specifically for you, based on your unique economic situation and needs. If any of this sounds familiar to you and you’re serious about finding a solution, let us know.

Call us now for a no-cost initial consultation.

fraudulent misrepresentation
fraudulent misrepresentation

 

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