Tag: Bankruptcy

PAYDAY LOANS: ONTARIO CRACKS DOWN ON THE CASH STORE

Post author By Brandon Smith
Post date May 4, 2014

Payday loans. We’ve been making you aware of the dangers of using them in our previous blogs – Legitimate Companies Don’t Guarantee Loans If You Have Bad Credit Or No Credit, Payday Loans Are Not The Answer To Your Financial Problems, Beware of Payday Loan Companies Targeting you with Mobile Apps! and Online Bad Credit Loans Attack the Already Vulnerable. The Ontario Ministry of Consumer Services refused to issue a lender’s license to The Cash Store under the Payday Loans Act, 2008, S.O. 2008, Ch. 9 which was upheld by the Court. The result is that The Cash Store is not currently permitted to sell any payday loan products or line of credit products in Ontario. The Ontario Government found that The Cash Store was attacking the already vulnerable, in ways we have explained in our previous blogs (which you can read by clicking on the links above). Watch the video below to find out more. There is no quick fix for serious debt problems and digging a deeper hole for yourself with a high interest payday loan is only going to make matters worse. Stop the downward debt spiral and seek out a professional trustee. At Ira Smith Trustee & Receiver Inc. helping clients deal with serious debt issues is our business. There are a variety of options available to you including bankruptcy alternatives – credit counselling, debt consolidation, and consumer proposals – and bankruptcy. Let us help you end the downward debt spiral so that Starting Over, Starting Now you can live a debt free life. Here is the video of a news report which was done prior to the Court upholding the Ontario Government’s decision to ban The Cash Store from making payday loans or other loans –

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BAD CREDIT LOANS ONLINE ATTACK THE ALREADY VULNERABLE

Post author By Brandon Smith
Post date May 1, 2014

One of the primary reasons why borrowers who are offered bad credit loans online (or in a retail location) must pay such high down payments and high interest rates is because they are considered a high-risk borrower. We’ve been making you aware of the dangers of payday loan companies and bad credit loans online in our previous blogs – Legitimate Companies Don’t Guarantee Loans If You Have Bad Credit Or No Credit, Payday Loans Are Not The Answer To Your Financial Problems and Beware of Payday Loan Companies Targeting you with Mobile Apps!

Instead of applying for these high-risk and expensive bad credit loans online or in person, it is better to repair and rebuild your credit. Read on, and find how the people who run these online bad credit loan scams who advertise “legit short term loans for bad credit“, “bad credit loans online” or “guaranteed consolidation loan Ontario” attack the already vulnerable. Payday loan operators provide relatively small, short-term loans or payday advances. People tend to borrow $1,500 or less for a maximum of 62 days and the money is advanced in exchange for a post-dated cheque or some other form of pre-authorized payment.

In her article in the Financial Post on April 8, 2014, Melissa Leong interviewed someone who resorted to these bad credit loans online scams:

“The interest kills you, says Lucy, who asked that her name not be disclosed. The 51-year-old Toronto resident receives disability support payments and has gotten payday loans online and in the stores to help her endure unexpected events. She took out a $1,000 payday loan this year to cover cancer medicine and orthodontic work for her son. She had to pay back $1,200.”

Don’t set yourself up for failure using these high cost bad credit loans online or at one of the payday loan locations, your credit score will suffer. The best advice I can offer is to make an appointment to see a professional trustee as soon as possible, before disaster strikes. Before bankruptcy becomes your only option, there are bankruptcy alternatives including credit counselling, debt consolidation, and consumer proposals. Contact us today. We are a licensed trustee and the team at Ira Smith Trustee & Receiver Inc. will work with you to ensure that Starting Over, Starting Now you can regain financial health.

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PAYDAY LOAN COMPANIES TARGETING YOU WITH MOBILE APPS!

Post author By Brandon Smith
Post date April 29, 2014

We’ve been making you aware of the dangers of payday loan companies in our previous blogs – Legitimate Companies Don’t Guarantee Loans If You Have Bad Credit Or No Credit and Payday Loans Are Not The Answer To Your Financial Problems. Payday loan companies will go to any lengths to take your money and now their latest tactic is to target you with mobile apps and easy online access. Technology is making it easier for these unscrupulous operators to take advantage of you. And, if you have been taken advantage of by a payday loan company you are not alone. According to Statistics Canada:

Almost 3% of Canadian families said in 2005 they had obtained a payday loan in the preceding three years.
On average, Canadians borrow about $300 for a two week term.
There are about 1,350 payday loan storefronts in Canada.
The industry is worth an estimated $2 billion a year.
Payday loan borrowers tend to be young families.
Payday loan borrowers typically have poor credit or a previous bankruptcy.

Unfortunately, there are no updated figures from Statistics Canada. However, the Canadian Payday Loan Association in its study titled Payday Loan Users Study Ontario dated April 2013, reported that in 2012, significantly more respondents (65%) would choose payday loan companies over other options if they needed $300 when compared to 2007 (55%). This shows two things: 1. as we previously blogged, many Canadians are living paycheque to paycheque; and 2. this high cost borrowing source is gaining more acceptance and usage among those with credit problems.

Payday loan companies offer you instant cash even if you have bad credit or no credit, with instant approval. With a mobile app you don’t even have to go into a payday loan storefront. You can borrow money from your phone or computer by obtaining online bad credit loans. BUT, these companies aren’t getting you out of debt; they are creating more debt. Although the rules do vary from province to province regarding borrowing, you should expect to pay 25% interest when you borrow from a payday loan company, even if you repay the loan in a few days.

There is no quick fix for serious debt problems and digging a deeper hole for yourself with a high interest payday loan is only going to make matters worse. Stop the downward debt spiral and seek out a professional trustee. At Ira Smith Trustee & Receiver Inc. helping clients deal with serious debt issues is our business. There are a variety of options available to you including bankruptcy alternatives – credit counselling, debt consolidation, and consumer proposals – and bankruptcy. Let us help you end the downward debt spiral so that Starting Over, Starting Now you can live a debt free life.

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SECURED CREDIT CARD

Post author By Brandon Smith
Post date April 24, 2014

A secured credit card functions in the same manner as a regular credit card. The only exception being that the card is secured by the amount of deposited funds that remain safeguarded in the institution where the individual acquires the card. The card looks like a regular credit card and acts like a traditional credit card. Purchases are limited by the amount of funds backing the card. The majority of institutions require a minimum secure balance of $500. However, individuals or businesses may deposit more if desired.

Who Uses a Secured Credit Card?

The card might be used by anyone with a past or current history of bad credit. When first starting out, many young people or students have no line of credit. The card might serve as a means of establishing a credit history. Someone recently moving to Canada, having recently undergone bankruptcy or having difficulty obtaining a conventional credit card may also look into acquiring a secured card.

Newlyweds starting a life together often look for ways of establishing credit. Anyone having endured a divorce or the death of a spouse may also need to start over and rebuilding credit. Entrepreneurs having difficulty getting financial backing or searching for a means of creating a financial history might also be interested in securing a card.

Benefits of a Secured Credit Card

Getting approved for a secured card is practically guaranteed. Having a card eliminates the need to withdraw and carry cash. However, in case someone needs cash for an emergency, the card enables users to get cash advances. Numerous other conveniences of having a credit card include using the card for making reservations, purchases or services rendered.

A secured credit card offers an ideal way to establish or improve credit scores, which are typically required when needing to apply for loans. By making monthly payments for goods or services, in the same way that one would if having a traditional credit card, you can learn how to create and stick to a budget.

Many secured credit cards don’t carry the same fees that are required by traditional cards so using them is not only convenient but less expensive.

Ensuring Good Credit

After applying for and acquiring the credit card, maintaining good credit means:

i. Paying off the balance monthly

ii. Paying more than the minimal monthly amount required

iii. Making payments on time

Get a Secured Credit Card Today

Regardless of your current financial situation we can help. To find out more about secured credit cards, and even to apply for a secured credit card, click on this link for the application form. If you are experiencing financial problems, contact Ira Smith Trustee & Receiver Inc. We are a licensed trustee and will listen to your issues and provide compassionate, professional assistance to assist you to avoid bankruptcy.

We will explore alternatives to bankruptcy, such as debt consolidation, credit counselling and consumer proposals. Starting Over, Starting Now, we will assist you to regain your financial health.

Tags alternatives to bankruptcy, avoid bankruptcy, bad credit, Bankruptcy, consumer proposals, credit card, credit counselling, credit history, credit scores, debt consolidation, financial health, financial history, licensed trustee, rebuilding credit, secured credit card, secured credit card offers, starting over starting now

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ALTERNATIVE LENDING INDUSTRY GROWS DUE TO A VACUUM OF FUNDING SOURCES

Post author By Brandon Smith
Post date April 22, 2014

Unfortunately there is a growing alternative lending industry that preys upon small businesses in need. Small businesses that need loans may be refused by traditional lenders who consider them too risky. Although they do provide loans, the alternative lending industry uses loan brokers which can double the cost of an already expensive loan.

According to Bloomberg Businessweek, a business borrowing $50,000 over six months in the alternative lending industry could repay $65,500, with more than half the effective interest going to the broker. The commission of 17% far outstrips the 1% or 2% brokers earn on loans backed by the Small Business Administration.

Small businesses are getting loans through alternative lenders, but many they can’t afford them. Marc Glazer, CEO of Business Financial Services, an alternative lender based in Coral Springs, Florida estimates that the alternative lending industry provided roughly $3 billion to small businesses last year. The industry has just a few players in Canada so far, but it is expanding rapidly in countries such as the United States, China and Britain.

Demand from the alternative lending industry is increasing as the number of borrowers trying to bypass the banks increases. In addition there are an increasing number of investors who see these loans as an alternative investment. Google Inc. invested in two online lending platforms – $125 million USD in Lending Club and another $17 million USD in On Deck Capital.

In Canada, Zillidy and FinanceIt have seen extraordinary growth in the Canadian alternative lending industry. FinanceIt co-founder and CEO Michael Garrity says the company has grown by about 25% month-over-month since it started in January, 2011, with more than 2,500 merchants signed on to date. At Zillidy, Mr. Steven Uster says loan volumes have grown by about 600% each month since the business was launched in November, with loans averaging about $12,000 each. In many cases, Mr. Uster says the borrowers are people with money, but they lack liquidity. “What we found is that wealth doesn’t always equate to cash, you may be wealthy, but you may not have liquidity”.

Small businesses are looking for alternatives beyond the traditional banks. Are small businesses in need of a loan easy prey for high priced loans? The alternative lending industry isn’t the long-term answer. If your business is experiencing liquidity issues, talk to a trustee.

Ira Smith Trustee & Receiver Inc. is a full service insolvency and financial restructuring practice serving companies and individuals throughout the Greater Toronto Area (GTA) facing financial crisis or bankruptcy that need a plan for Starting Over, Starting Now. We can provide Restructuring & Turnarounds, Review & Monitoring, Receivership & Bankruptcy, Corporate Bankruptcy, and advice to creditors considering launching a Bankruptcy Application. Contact us today.

Tags alternative investment, alternative lending, alternative lending industry, and Bankruptcy Application, Bankruptcy, banks, Consumer Proposal, Corporate Bankruptcy, insolvency, loan, loan brokers, online lending, Receivership & Bankruptcy, Restructuring & Turnarounds, Review & Monitoring, small business

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RECEIVERSHIP IN BANKRUPTCY – WHAT DOES THAT MEAN?

Post author By Brandon Smith
Post date April 17, 2014

For those looking at insolvency, you may have heard the phrase –receivership in bankruptcy – and wondered what it meant. This phrase is both inaccurate, and in the area of the Canadian insolvency process, yet still possible. Are you confused yet? What is the source of the confusion? Most likely, people confuse the job of a licensed insolvency trustee with the job of a receiver. This is because one of the functions of a licensed trustee is to take possession of the assets of the bankrupt person or company, sell those assets, receive the money and then distribute the money to the creditors as prescribed in the Bankruptcy and Insolvency Act (Canada) (BIA).

In this situation, the trustee is receiving funds, but in no way is regarded as a receiver in any legal way. What does a licensed bankruptcy trustee do? In Toronto, and all of Canada, a bankruptcy trustee is licensed by the Federal government and works on behalf of all the unsecured creditors; this is the case even though the individual or company is the one who chose the licensed trustee prior to assigning itself into bankruptcy. Creditors have rights and are entitled to get their portion of the money owed to them when it is possible from the licensed trustee administering the bankruptcy. But in corporate insolvency, there is no term called receivership in bankruptcy.

For an individual, a licensed trustee can also help the person look at bankruptcy alternatives, such as debt consolidation, credit counselling and consumer proposals to deal with creditors and avoid bankruptcy. Consumer proposals reduce and reorganize an individual’s debt and if accepted, the successful consumer proposal helps the person recover from their debt and not do as much damage to their credit score. What is a receivership?

Receivership is a process that is available to lenders or other secured creditors only (as opposed to bankruptcy which is a remedy for unsecured creditors) to seize the assets of the company subject to the lender’s security through the appointment of a receiver. The receiver, who also must be a licensed trustee, will determine if the highest recovery can be gained from running the company or shutting it down, all while devising and implementing a plan to sell the assets. This is done in order to recover the greatest amount of money possible under the circumstances for the lender who appointed the receiver.

So how can there be a receivership in bankruptcy? As described in this blog, receivership is a remedy for secured creditors, while BIA proceedings, other than receivership, are a remedy to benefit the unsecured creditors. In some cases, it is necessary to have a bankruptcy administration, at the same time there is a receivership. The reasons why are much too complex for the purposes of this blog, but now you know, that although the phrase is inaccurate, it is still possible.

Receivership in bankruptcy summary

Before receivership or bankruptcy becomes your only option, there are alternatives including credit counselling, debt consolidation, and consumer proposals. Contact us today. The team at Ira Smith Trustee & Receiver Inc. will work with you to ensure that Starting Over, Starting Now you can regain financial health.

Tags avoid bankruptcy, Bankruptcy, bankruptcy alternatives, Bankruptcy and Insolvency Act, Canadian bankruptcy, Consumer Proposal, consumer proposals, credit counselling, Debt, debt consolidation, insolvency, licensed bankruptcy trustee, licensed trustee, receivership, receivership in bankruptcy, trustee

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NEED $2000 FAST – COULD YOU COME UP WITH IT?

Post author By Brandon Smith
Post date April 15, 2014

7494423390 be1d3e7344 bankruptcy

Need $2000 fast? Could you come up with it? We all know that we should have a rainy day fund, but how many of us actually do? In Ontario 60% of the population is living paycheque to paycheque so what do you think would happen if you need $2000 fast in 30 days for an emergency situation? When the rainy day comes will you stay dry or get drenched? A new study by the National Bureau of Economic Research shows that:

28% of Americans would NOT be able to come up with $2000 in a pinch
22% said they probably would not be to able to come up with $2000
34.2% said they would have to ask family and friends for help
29.5% said they would have to resort to credit cards, a home equity line of credit, reverse mortgage or unsecured loan

In Canada Harris Decima did a similar survey and like in America, just over 25% Canadians said that they were not very or not at all confident that they could come up with it if they need $2000 fast in 30 days if faced with an unexpected financial emergency. 92% of all Canadians said they would consider some form of borrowing – lines of credit, credit cards, bank loans, and borrowing from friends and family.

It seems that we are financially fragile on both sides of the border. And what may surprise you is that this problem is not the exclusive domain of low income families. The study just published by the National Bureau of Economic Research reports that of households making between $100,000 and $150,000 annually, nearly one-quarter said they “certainly” or “probably” would be unable to come up with the money if they need $2000 fast.

The reality is that if you are earning $100,000 and $150,000 annually, need $2000 fast and would be unable to come up with the money, you are living in a house of cards. The best advice I can offer is to make an appointment to see a professional trustee as soon as possible, before disaster strikes. Before bankruptcy becomes your only option, there are bankruptcy alternatives including credit counselling, debt consolidation, and consumer proposals. Contact us today. The team at Ira Smith Trustee & Receiver Inc. will work with you to ensure that Starting Over, Starting Now you can regain financial health.

Tags Bankruptcy, bankruptcy alternatives, consumer proposals, credit counselling, debt consolidation, living paycheque to paycheque, professional trustee, trustee

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NEGOTIATING DEBT VS BANKRUPTCY

Post author By Brandon Smith
Post date April 8, 2014

Negotiating debt vs bankruptcy. Of course you would not pick bankruptcy as your first choice. If you are considering the options of negotiating debt vs bankruptcy, you must be mired in serious financial difficulty and have few options available to you.

You need the help of a professional, licensed trustee now! Don’t be seduced by the bogus claims of debt settlement companies who promise to negotiate with your creditors for pennies on the dollar and get you out of debt in no time flat. Although you are being bombarded with messages like this on radio, television and online, don’t fall prey to these scam artists.

Debt settlement companies have already been banned in the United States and now several Canadian provinces have introduced strict regulations in the debt settlement industry. A professional trustee will evaluate your individual situation fairly and in an even-handed manner, and present you with a solid financial plan for moving forward and getting out of debt, including all of the advantages and disadvantages of negotiating debt vs bankruptcy.

According to the Office of the Superintendent of Bankruptcy Canada, consumers continue to opt in large numbers for negotiating debt vs bankruptcy.

Negotiating debt – Consumer proposals rose by 4.8% in from January 31, 2012 to January 31, 2013.
Bankruptcy – Consumer bankruptcies decreased by 4.1% in the same 12 month period.

What are the alternatives to bankruptcy? There are 3 Formal Bankruptcy Alternatives:

Credit Counselling
Credit counselling is in reality debt counselling. Professionals provide assistance with a host of issues related to debt including budgeting, finding debt solutions, working with your creditors and rebuilding credit.
Debt Consolidation
Debt consolidation is a single loan that allows you to repay your debts to several or all of your creditors at once, leaving you with only one outstanding loan.
Consumer Proposals
Consumer proposals are formal offers made to your creditors under the Bankruptcy and Insolvency Act (BIA) to modify your payments. e.g. paying a lesser amount each month for a longer period of time and paying a total lesser amount than you owe. In a consumer proposal you are choosing not to go bankrupt so this is actually negotiating debt vs bankruptcy.

Ira Smith Trustee & Receiver Inc. is a professional, licensed trustee who can help you get back on the road to financial health Starting Over, Starting Now. A licensed trustee can properly advise you on negotiating debt vs bankruptcy. If you wish to do some self-study, please review our bankruptcy FAQS. But don’t delay. Contact us today.

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BANKRUPTCY TRUSTEE TORONTO: HELPING YOU STARTING OVER, STARTING NOW

Post author By Brandon Smith
Post date April 6, 2014

A bankruptcy trustee Toronto understands that insolvency and filing for bankruptcy can be a very distressing time in someone’s life. Many people feel like failures at this time and need to have someone to whom they can turn to help them understand their options. People filing for bankruptcy can choose a federally regulated bankruptcy trustee Toronto they feel the most comfortable with to assist them in the process.

When Bankruptcy Becomes Necessary

When a person becomes insolvent, they cannot pay back what they owe to their creditors; in fact, what they owe may far outweigh the assets that they have. At this point, an individual may consider declaring bankruptcy. There are several clues, such as the following, that indicate that one is nearing this point of no return and should consult with a bankruptcy trustee Toronto:

▪ Garnished wages from each paycheque

▪ Contact from one or more collection agencies

▪ Utilities or household services that have been stopped from lack of payment

▪ You can no longer make ends meet living paycheque to paycheque

Bankruptcy and Its Benefits

Although it should be noted that bankruptcy is not the perfect solution for everyone because it will be quite costly and destructive to one’s credit score, it does have several advantages. Of course, there will be no more harassment from creditors or collection agencies during and following the bankruptcy process, and the person involved will be able to feel a greater peace of mind. In addition, many times people are allowed to keep their homes and property during bankruptcy. Finally, employers cannot discriminate against individuals who file for bankruptcy.

What a Bankruptcy Trustee Toronto Does

Anyone filing for bankruptcy in the GTA can choose the bankruptcy trustee Toronto they feel the most comfortable with to assist them. A bankruptcy trustee Toronto has numerous tasks. In general, the trustee is an impartial intermediary who will make sure that every part of the process is performed correctly, that there is no fraud and that assets are liquidated appropriately. Before the actual bankruptcy filing, he or she will meet with the person to review the individual’s situation, consider all alternatives to bankruptcy, including credit counselling, debt consolidation and consumer proposals.

After this initial assessment, if bankruptcy is the best option, the federally regulated bankruptcy trustee will explain the bankruptcy process to you, prepare and look over any paperwork before it is filed, if necessary will hold a meeting of creditors for the individual and will ensure that creditors are paid their pro rata share in accordance with the provisions of the Bankruptcy and Insolvency Act.

Some people fear that a bankruptcy trustee Toronto will make their lives miserable each step of the way. However, although the trustee may have some difficult and painful tasks to fulfill, they will ensure that each step of the process is performed thoroughly, accurately and with complete professionalism. Those people who are in a position to benefit from declaring bankruptcy will find the work of a trustee to be invaluable and allow you after your discharge from bankruptcy to rebuild your credit.

Bankruptcy Trustee Toronto

If you feel you are a candidate for bankruptcy, you can first do some self-study by reviewing our bankruptcy faqs. After reviewing the bankruptcy alternatives, if the best solution for you is bankruptcy, you should feel comfortable that your choice of trustee will treat you with the compassion and respect you deserve. Contact Ira Smith Trustee & Receiver Inc. and Starting Over Starting Now you’ll be on your way to living a debt free life.

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CONSUMER PROPOSALS: WHAT YOU NEED TO KNOW

Post author By Brandon Smith
Post date April 3, 2014

Before contemplating a bankruptcy, those who have too much debt should give strong consideration to consumer proposals, one of the alternatives to bankruptcy. As long as you owe less than $250,000, this is possible. This limitation excludes any mortgage you have for your home.

The advantage of consumer proposals

Consumer proposals gives individuals a chance to reorganize their finances and get back on their feet without having to go through a bankruptcy. By avoiding bankruptcy, a person’s credit rating is not seriously damaged. In addition, after all of the debts are dealt with, through consumer proposals, people have a strong feeling of accomplishment and self-worth.

Consulting with a bankruptcy trustee to find out more about consumer proposals

The first step in pursuing a consumer proposal is to meet with a bankruptcy trustee to evaluate your financial circumstances. The trustee will help draft a proposal for your creditors based upon your finances. If the proposal is accepted, you will then make your payments directly to the trustee. The exact form a proposal will take is dependent upon many variables.

In some circumstances, you may be paying only a partial amount of the debt you owe over time. In other circumstances, the debt will not be reduced, but reorganized in a way that gives you a chance to pay it all back. In consumer proposals, no further interest or fees can be charged. Sometimes it is just a longer period of time to pay back the debt. Either way, consumer proposals should be thought of as providing you with the equivalent of an interest-free loan. Whatever the final proposal is, it will help bring needed relief to your financial situation.

After filing a consumer proposal

From the time your consumer proposal is filed, you will no longer be making any payments directly to your creditors provided that the debt is unsecured. Any wage garnishment that is in place is suspended while the proposal is examined by your creditors. Lawsuits over debt recovery are also placed on hold. The proposal and the accompanying trustee’s report will provide details on your personal finances and will include an explanation of how your debts became such a problem that it has led to a need to reorganize the debt structure. Your creditors will have up to 45 days to decide to accept the offer or not. If one or more of your creditors is owed more than a fourth of the total debt, they have the right to request a meeting with you and the trustee. This request for a meeting must be done in the same 45 day time limit.

If you are in a situation where you are overwhelmed by debt with no hope of paying it back under the current circumstances, there is not much of a downside to pursuing a consumer proposal. The worst thing that can happen is that creditors do not agree to the proposal, and in this situation, bankruptcy is still an option. If it does work then you save yourself the grief of having a bankruptcy on your credit history.

If you wish to compare this information about consumer proposlas to a bankruptcy, start by reviewing our bankruptcy faqs. Contact Ira Smith Trustee & Receiver Inc. as soon as possible regarding your debt problems, to find out more about consumer proposals and Starting Over, Starting Now you’ll be on your way to living a debt free life.

Tags alternatives to bankruptcy, avoiding bankruptcy, Bankruptcy, bankruptcy faqs, bankruptcy trustee, Consumer Proposal, consumer proposals, credit history, credit rating, Debt, debt recovery, debts, interest-free loan, overwhelmed by debt, proposal, starting over starting now, too much debt, trustee, wage garnishment