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BANKRUPTCY OR CONSUMER PROPOSAL?: A LAWYER AND ACCOUNTANT’S COMPREHENSIVE GUIDE TO MASTERING INSOLVENCY LAW

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Bankruptcy or Consumer Proposal: Introduction

When your client has an amount of debt they cannot repay, they often consider measures such as bankruptcy or consumer proposal. To choose the most appropriate option for their unique situation, it’s important to have a good understanding of the details of each option. Let’s compare and contrast these options to help you help your client make the right choice that best fits their situation.

Bankruptcy or Consumer Proposal: Importance of understanding the differences between the two options

When faced with financial challenges, understanding the difference between a consumer proposal and bankruptcy can be crucial in determining the best path forward for your financial well-being. Let’s delve into the key disparities. Learn about the differences between a consumer proposal and bankruptcy so that you can further help your clients start to make an informed decision on the best debt relief solution for them before they see a licensed insolvency trustee.

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Overview Explanation of Bankruptcy or Consumer Proposal

Bankruptcy: A Solution for Unmanageable Debt

If your client is experiencing economic challenges, bankruptcy might be a sensible option to deal with their debt problems. It is a legal treatment focused on offering help to people, corporations, or entities facing economic hardship.

Bankruptcy allows debtors to get rid of certain unsecured financial obligations, such as credit card balances and unsecured lines of credit or loans. It offers debt relief and a fresh start, but undischarged bankrupts must comply with particular rules and procedures. These include potentially a meeting with creditors and for certain taking part in two credit counselling sessions.

Consulting a licensed insolvency trustee can aid in exploring options and making an informed decision when dealing with money problems, leading to a better financial future. Bankruptcy may be a sensible option, however, it’s vital to carefully consider all other restructuring options before filing bankruptcy. A licensed insolvency trustee can offer advice on the most appropriate strategy for your client’s particular scenario.

Consumer Proposal: A Negotiated Settlement

A consumer proposal is a much more flexible approach to debt repayment than bankruptcy is. In a consumer proposal, the licensed insolvency trustee acting as the Administrator, assists the debtor in their financial restructuring by negotiating with creditors to repay a portion of their debts over an extended period.

Although only a portion of the total debt is being repaid (as a rule of thumb, say 25%), once all payments are successfully made and the debtor attends the two mandatory financial counselling sessions, they receive their Certificate of Full Completion. Once that certificate is issued, their entire debt is discharged.

In a consumer proposal, unlike bankruptcy, the debtor does not hand over their non-exempt assets. Like in bankruptcy, the debts eligible for inclusion in a consumer proposal include credit card debt, unsecured personal loans, and tax debt. Proposals must be filed through a licensed insolvency trustee and are legally binding once accepted by the creditors.

Consumer Proposal Allows You to Keep More Assets

The important difference between a consumer proposal and bankruptcy is that although you need to account for the value of the equity in your assets, in a consumer proposal, you don’t lose them. This is a form of asset protection. A consumer proposal is a debt settlement financial restructuring where you negotiate with your creditors to repay a portion of your debt over some time not greater than 60 months. Upon successfully paying that portion in the promised time frame, all of your debts are erased. If you can do so without having to sell any of your assets, you get to keep them.

Bankruptcy or Consumer Proposal: How Does a Consumer Proposal Work?

Finding a way out of debt feels overwhelming. A licensed insolvency trustee can help your client understand the options available. This education empowers your client to make the right choice. A consumer proposal is a legally binding structured legal agreement between your client and their creditors. The benefit to your client is to ultimately remove the burden of their debt and let them get back to a stress-free life and a bright financial future. The main points of a consumer proposal are:

Binding Agreement with Creditors

A consumer proposal is a formal agreement that lays out how you’ll pay back a portion of your unsecured debt through a formal agreement under the Bankruptcy and Insolvency Act (Canada). Once you complete the proposal, your client will be free from all of their unsecured debts.

This agreement is a solution that works for both your client and their unsecured creditors. A licensed insolvency trustee, guides your client through the negotiation process, helping them come up with a plan to gradually pay off their unsecured debts over time. You qualify for a consumer proposal as long as your unsecured debt is $250,000 or less (not including any mortgage against your principal residence).

Administered by Licensed Insolvency Trustee

Only a licensed insolvency trustee can oversee the entire process. These professionals are the only ones with the professional accreditation to perform insolvency assignments in Canada. They are licenced, authorized and supervised by the federal government Office of the Superintendent of Bankruptcy (OSB) to handle insolvency matters. I guide your client through the process, ensuring compliance with all legal requirements. I also provide expert advice to you and your client.

Protection from Debt Collectors and Wage Garnishments

Like bankruptcy, a consumer proposal gives your client a stay of proceedings against constant harassment by debt collectors including wage garnishments. This is real legal protection against creditors. Once the proposal is filed, debt collectors must by law stop their collection calls and legal actions. This provides your client with a break from the unending pressure associated with collection efforts. This gives your client the breathing room to regain control of their income and expenses.

A consumer proposal allows for a path toward financial recovery giving your client a sense of security and relief from the stress of their debt. This empowers your clients to confront their financial challenges using a real plan of action to eliminate their unsecured debt over time.

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bankruptcy or consumer proposal

Bankruptcy or Consumer Proposal: How Does Bankruptcy Work?

Bankruptcy is perceived by people to be the darkest of all dark clouds. People associate bankruptcy not only with financial difficulties and loss but also as a symbol of being a total failure in life. The reality is that bankruptcy is a legal process designed to help honest but unfortunate people relieve themselves of the crushing debt load that is suffocating them. It offers them the chance to get a fresh start.

  • Structured legal process to relieve debts: When drowning in debt, bankruptcy acts as a lifeline. It allows people to go through a process approved by the Canadian government to eliminate their debt and provide a path for a fresh start.
  • Licensed insolvency trustee controls the assets: During bankruptcy, the licensed insolvency trustee is appointed to administer the bankruptcy process. The Trustee manages and sells the non-exempt assets, investigates the financial affairs of the bankrupt, conducts the two mandatory financial counselling sessions with the undischarged bankrupt and makes sure that all necessary administrative steps are taken. This includes the undischarged bankrupt fulfilling all of their bankruptcy duties.
  • Discharged from debt in 9-21 months: The main outcome of bankruptcy is the bankrupt’s discharge from his or her debts. Depending on the specific circumstances as to whether or not the undischarged bankrupt is liable to make regular payments for surplus income to the Trustee, bankrupts typically expect to obtain their discharge within a period between 9 and 21 months.

Embracing bankruptcy as a tool for financial freedom, rather than a symbol of failure, helps the person get on with their life. It is a chance to redefine one’s life and learn valuable financial lessons.

By referring your client to a licensed insolvency trustee people can decide on a proposal vs bankruptcy much easier navigate the bankruptcy process and emerge better and stronger on the other side.

Bankruptcy: Different Payments, Bigger Credit Impact

On the flip side, bankruptcy payments are often based on your income and can vary accordingly. This means that your monthly bankruptcy payments may fluctuate depending on your financial situation, making it more unpredictable compared to the fixed payments of a consumer proposal.

While bankruptcy can offer you a fresh start by clearing your debts, it typically has a more significant impact on your credit score and can remain on your record for a longer period, affecting your financial status for an extended time.

Choosing the Right Path

Deciding between a consumer proposal and bankruptcy is a personal decision that should be made based on your circumstances. Seeking professional advice from a licensed insolvency trustee can assist you in navigating the complexities of each option and making an informed choice that aligns with your financial goals.

Remember, the aim is to select a debt relief solution from the various options available that best fits your needs and helps you on your journey to financial stability.

an image of a man and woman with a maze behind them and a question mark between them to signify their difficult decision of whether to file for a liquidation bankruptcy or to try to restructure their debts with a consumer proposal.
bankruptcy or consumer proposal

Bankruptcy: Different Payments, Impact on Credit

In bankruptcy, any monthly surplus income payments the undischarged bankrupt must make are calculated by a formula prescribed by the OSB based on the person’s income. The undischarged bankrupt must provide a monthly report of monthly income and expenses to the Trustee. As the monthly income varies, the surplus income monthly payments can change, either up or down.

While bankruptcy gives the person a fresh start, it has a worse impact on the person’s credit score and credit report since it remains on your record for a longer period.

Choosing the Best Path for You

Choosing between a bankruptcy or consumer proposal is a personal decision that should consider your circumstances and needs. Seeking advice from a licensed insolvency trustee helps the person choose between and navigate either option.

Remember, the aim is to select a debt relief solution that best fits your client’s needs among the various options available.

Bankruptcy or Consumer Proposal: Debts Discharged and Not Discharged

When it comes to managing debts, it is important to know which debts can be cleared through an insolvency process and which ones cannot be discharged. Here is a listing of the different types of debts and whether they can be discharged:

Debts that cannot be discharged:

  • Fraud or Malfeasance: It is important to know that debts from fraudulent activities or court fines from being found guilty of wrongdoing cannot be cleared through either a bankruptcy or consumer proposal. This ensures accountability for any unlawful financial actions.
  • Child Support and Spousal Support: Another category of debts that can’t be discharged includes obligations for child support and spousal support. The Canadian insolvency system believes from a societal perspective, these kinds of responsibilities are legally binding and must be met, no matter what other debts the person may have.

Debts that may be discharged after a certain time:

  • Student loan debt has specific regulations for discharge: After completing your education, there may be possibilities for discharging this debt. Student loan debt can only be discharged if you go bankrupt 7 years after the last time you were either a full-time or part-time student.
  • Debts that are discharged upon the discharge of the bankrupt person: Most unsecured debts.

    an image of a man and woman with a maze behind them and a question mark between them to signify their difficult decision of whether to file for a liquidation bankruptcy or to try to restructure their debts with a consumer proposal.
    bankruptcy or consumer proposal

Impact on Your Credit Score: Bankruptcy or Consumer Proposal

When it comes to your credit score, it’s important to understand how a bankruptcy or consumer proposal can affect it. Bankruptcy has a more negative impact on your credit score compared to a consumer proposal. A consumer proposal is generally less harmful to your credit rating.

Duration of Impact

Another key difference between the two options is how long they stay on your financial record. A consumer proposal is typically noted on your credit report for three years after completing it. A first-time bankruptcy remains on your credit history for six years after receiving your bankruptcy discharge. This difference is important to know. It does affect many choices people make among the various debt relief options.

Ultimately, the choice between a bankruptcy or consumer proposal depends on your client’s unique financial circumstances. It’s always a good idea to seek professional guidance from a licensed insolvency trustee when making this decision.

Bankruptcy or Consumer Proposal: Social Stigma and Decision-Making

When it comes to making financial decisions, especially ones as impactful as considering bankruptcy, there are various factors to take into account. One significant aspect that often plays a role in decision-making is the social stigma associated with personal bankruptcy.

Bankruptcy is commonly viewed in a negative light in our society. People may perceive it as a sign of personal failure or irresponsibility. This stigma can make individuals hesitant to consider bankruptcy as a viable option, even when they are struggling with overwhelming debt.

However, it is essential to look beyond the social perceptions and focus on the practical aspects of the situation. Before choosing the path of bankruptcy, it is crucial to assess one’s ability to repay the debt. Understanding your financial capabilities and limitations is key to making an informed decision.

Mathematical analysis can be a helpful tool in this decision-making process. By conducting a thorough financial evaluation, including income, expenses, and debt obligations, individuals can gain a clear understanding of their financial standing. This analysis provides valuable insights into whether filing for bankruptcy is the most viable solution or if there are alternative options available.

Ultimately, the decision to pursue bankruptcy should not be solely influenced by social stigma. Instead, it should be based on a realistic assessment of one’s financial circumstances and the potential benefits and consequences of bankruptcy. By approaching the decision-making process with a rational and informed mindset, individuals can make choices that align with their financial well-being.

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Bankruptcy or Consumer Proposal: Getting Professional Help for Making the Right Decision

Exploring debt settlement or insolvency options creates tough choices that a person would rather not make. However, hiding their head in the sand and avoiding the reality of their financial situation ultimately is not a realistic option. One thing that bothers every person we speak to is who will find out about personal bankruptcy and how it will affect how others view the person.

As stated above, bankruptcy often carries a negative reputation in our society. May see it as a sign of personal failure. This stigma makes it tough for people to choose bankruptcy as a solution for dealing with overwhelming debt.

It is important to remember that your financial well-being, that of your family and your ability to get a fresh start is what matters most. Before you make any debt settlement decision, take a step backward and honestly consider your true financial situation. Understanding what you can realistically manage on your own without legal intervention is crucial in making the right choice.

Doing the math and looking at the realistic and true side of things will guide you in making an informed decision and doing the right thing that will be best for your financial future. A consumer proposal is the best bankruptcy alternative when a formal insolvency process is required.

Bankruptcy or Consumer Proposal: Conclusion

In summary, a licensed insolvency trustee plays a crucial role in assisting individuals and businesses facing insolvency. From conducting financial assessments to facilitating legal proceedings and providing ongoing support, LITs serve as trusted advisors and advocates, in conjunction with a person’s or corporation’s lawyer and accountant, for those navigating challenging financial terrain. By understanding the role and significance of an LIT, debtors can make informed decisions and embark on the path toward financial stability and recovery.

By assisting clients in navigating insolvency matters proficiently, lawyers and accountants can empower them to take proactive steps towards a brighter financial future. This includes providing insights on debt restructuring, bankruptcy options, and other relevant strategies that can improve financial sustainability and stability. Ultimately, the goal of leveraging a foundational understanding of Canadian insolvency laws is to facilitate positive outcomes for clients, equipping them with the knowledge and resources needed to overcome financial obstacles and achieve long-term success. This also allows them to remain your client!

I hope you enjoyed this bankruptcy or consumer proposal 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 overwhelming debt 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.

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CERB CLARITY: A COMPREHENSIVE GUIDE TO ELIGIBILITY AND REPAYMENT

A person wearing a traditional Canadian red and white plaid shirt, surrounded by stacks of paper and envelopes from the Canada Revenue Agency. They look terrified and overwhelmed as they try to figure out how to repay the money they owe. The scene is set against a gray, ominous background with looming shadows representing the fear and stress the person is feeling. The person's facial expression and body language should convey a sense of desperation and hopelessness.

Overview of the Canada Emergency Response Benefit

In the unprecedented times of the pandemic, one of Canada’s COVID-19 Economic Response Plan by PM Justin Trudeau and the Federal Government was the rolling out of the Canada Emergency Response Benefit (CERB) to provide financial aid to those affected by the COVID-19 pandemic. However, the eligibility requirements and repayment process have left many Canadians confused and frustrated.

In this Brandon’s Blog, we will dive deep into the intricacies of CERB eligibility and repayment, providing you with a comprehensive guide to navigate through the confusion. Let’s unravel the mysteries surrounding this together!

Explanation of what CERB was

The CERB has been a source of confusion for many Canadians, particularly when it comes to eligibility and repayment. Despite efforts to clarify the rules, there is still a lack of understanding among the public.

The first step towards clarity is understanding whether you were eligible for this benefit program. The program was designed to support individuals who lost their jobs or experienced a significant reduction in income due to the pandemic. However, the program was rolled out so fast that even those charged with administering the program did not fully understand the eligibility requirements.

With so many government civil servants not understanding the program, no wonder that ordinary Canadians were and are still uncertain about their eligibility status. In this section, we will break down the eligibility criteria, providing you with a clear understanding of who qualified for it and who did not.

Understanding Eligibility Requirements for CERB

Many Canadians are still facing uncertainty and confusion regarding their eligibility for the CERB application process. The ever-changing criteria and requirements had left individuals unsure about whether they qualified for this crucial financial assistance. Let’s delve into the key points causing confusion among applicants. The eligibility requirements were:

  1. Employment Status: To be eligible for CERB, you must have stopped working or experienced a significant reduction in your employment or self-employment income due to COVID-19. This includes individuals who have been laid off, furloughed, or had their business operations suspended.
  2. Income Threshold: The income requirement was that it must have been at least $5,000 in the previous 12 months or 2019. This income can come from employment, self-employment, or certain benefits related to maternity or parental leave.
  3. Residency Requirement: You must be a resident of Canada and have a valid Social Insurance Number (SIN) to qualify. Non-residents, temporary workers, and international students were not eligible.
  4. Exhaustion of Other Benefits: If you were already receiving other benefits, such as Employment Insurance (EI), you were not eligible for CERB. However, if you had exhausted your EI benefits, you could have been eligible.

Purpose of providing financial assistance during the COVID-19 crisis

The benefit was rolled out quickly by PM Justin Trudeau and his Federal Government and there was a lot of confusion about who was eligible for it. It was created to help those in Canada who the COVID-19 pandemic directly impacted. The program provided financial assistance to employees and self-employed workers. The benefit was worth a maximum of $2,000. Eligibility periods were every 4 weeks for up to four months.

The issue that troubles me is that the benefit was mostly paid to people who otherwise would not have been able to afford rent or food during their eligibility periods. The CERB benefit money was spent immediately and a long time ago. So if Canada Revenue Agency (CRA) and Service Canada have now determined that some people should not have gotten that benefit, what are those people supposed to do if CRA demands the money back?

A person wearing a traditional Canadian red and white plaid shirt, surrounded by stacks of paper and envelopes from the Canada Revenue Agency. They look terrified and overwhelmed as they try to figure out how to repay the money they owe. The scene is set against a gray, ominous background with looming shadows representing the fear and stress the person is feeling. The person's facial expression and body language should convey a sense of desperation and hopelessness.

Criteria for Eligibility Not Clearly Communicated

The criteria for qualifying for CERB have been subject to changes and updates by the Federal Government since the program’s inception until it closed. While the intention behind those adjustments may have been to accommodate a broader range of individuals in need, the frequent modifications have created additional confusion. Applicants struggled to keep up with the evolving requirements, making it challenging for them to determine if they were eligible for the benefit.

Moreover, the language used to communicate the eligibility criteria was complex and difficult for the average person to comprehend. The technical jargon and legal terms used in official documents and announcements further exacerbated the confusion, leaving many applicants feeling overwhelmed and uncertain about their eligibility status.

The shifting landscape of eligibility requirements added another layer of complexity for Canadians seeking financial support. As the government responded to changing economic conditions and societal needs, the criteria for qualifying were adjusted to reflect these shifts. While these changes were intended to ensure that those most affected by the pandemic received assistance, they also resulted in confusion among applicants.

For instance, updates to the eligibility criteria regarding income thresholds and employment status left many individuals questioning whether they still qualified for CERB. The evolving nature of these requirements meant that what may have been true one week could be outdated the next, creating challenges for applicants trying to navigate the system.

The confusion surrounding eligibility continues to be a significant issue impacting many Canadians who needed financial assistance during those uncertain times. The reason it continues is because CRA is now demanding repayment from many Canadians alleging that they never qualified for it in the first place.

Clear and transparent communication of the criteria, consistent updates on changes, and accessible language are essential to help individuals understand their eligibility status and navigate the application process effectively.

Understanding CERB Repayment and its Real-Life Challenges

While CERB provided much-needed financial relief to millions of Canadians, it is crucial to understand that the money received through the program was not a grant but a taxable benefit. This means that it needed to be included in each recipient’s income tax return for the taxation year it was received. Failure to do so results in serious consequences. Let’s delve into the repayment process as that was also not properly communicated.

  1. Repayment Deadline: The original deadline for repaying CERB was December 31, 2022. It was essential to plan your finances accordingly to meet this deadline and avoid any penalties or interest charges. As mentioned above, the problem was that everyone used the funds for rent and food. They did not have the money to repay.
  2. Repayment Options: The CRA provides various repayment options to make the process easier for Canadians. You can repay the amount in full, in installments, or through your income tax return. It is crucial to choose the option that best suits your financial situation. However, at this stage, if not repaid immediately upon CRA advising of ineligibility, penalty and interest will be added to the amount paid. This is causing much hardship to many Canadians today.
  3. Avoiding Misunderstandings: Many Canadians have found themselves in a situation where they received the benefit without realizing they were ineligible. CRA is now demanding repayment to rectify the situation.A person wearing a traditional Canadian red and white plaid shirt, surrounded by stacks of paper and envelopes from the Canada Revenue Agency. They look terrified and overwhelmed as they try to figure out how to repay the money they owe. The scene is set against a gray, ominous background with looming shadows representing the fear and stress the person is feeling. The person's facial expression and body language should convey a sense of desperation and hopelessness.

Answers to the CERB Repayment FAQs

Q: What are some common issues people are facing when it comes to repaying the CERB?

A: Some common issues people face when repaying the CERB include confusion about eligibility criteria, difficulties navigating the repayment process, challenges in understanding tax implications, and concerns about financial strain due to the repayment amount. Additionally, delays in receiving communication from the government regarding repayment arrangements and lack of clarity on repayment deadlines are causing stress and uncertainty among recipients.

Q: How is the government addressing the repayment problems faced by Canadians who received the CERB?

A: The Canadian government has implemented various measures to address the repayment issues faced by Canadians who received the CERB. This includes allowing individuals to set up payment plans, extending the deadline for repayment, and providing flexibility in terms of repayment options. Additionally, the government has introduced measures to waive interest charges on outstanding balances for a certain period and has simplified the process for individuals who may have difficulty repaying the benefit. These efforts aim to alleviate the financial burden faced by Canadians and ensure a smoother repayment process.

Q: Can I appeal a decision regarding the CERB Repayment?

A: Yes, you can appeal a decision regarding the Canada Emergency Response Benefit Repayment by contacting the Canada Revenue Agency and providing any relevant documentation or information to support your appeal. It is recommended to review the specific reasons for the repayment request and provide a clear explanation or evidence to support your case during the appeal process. You will need documents to prove your position and may require professional advice from a tax accountant or tax lawyer.

Q: Are there any options available for individuals who are struggling to repay the CERB due to financial difficulties?

A: Individuals who are struggling to repay the benefit due to financial difficulties can contact the CRA to discuss repayment options. The CRA may be able to work out a payment plan or provide assistance based on individual circumstances. It is important to communicate with the CRA as soon as possible to avoid any penalties or further financial burden.

Q: What are the consequences for individuals who are unable to repay the CERB on time?

A: Individuals who are unable to repay the CERB on time may face consequences such as having to pay penalties or interest on the overdue amount, having their tax refunds withheld by the government, or being subject to legal action to recover the debt. It is important to communicate with the Canada Revenue Agency if you are unable to make payments on time to explore potential options for repayment.

Q: What are the acceptable methods for repaying the Canada Emergency Response Benefit?

A: As of now, the CRA has not announced specific repayment methods. However, individuals who have received the benefit but are not eligible or have received more than they were entitled to will be required to repay it. The CRA may provide further guidance on repayment methods in the future, but for now, individuals can contact the CRA to discuss repayment options.

It is just like paying any other amount to CRA. You can do so online, at your bank or by mailing a cheque to CRA. Make sure you include the payment advice stub with your payment and write your social insurance number and how the payment should be directed on the back of your cheque or in the appropriate boxes if paying online.

Q: Can I access financial counselling services for assistance with CERB repayment?

A: Yes, you can access professional advice in the form of financial counselling services for assistance with repayment. Many non-profit organizations and financial institutions offer free counselling services to help individuals navigate their finances and manage any debt repayment, including assistance with repaying CERB funds. It is recommended to reach out to these organizations for personalized guidance on your specific situation.

Q: Can I file either a consumer proposal or bankruptcy to eliminate the CERB repayment debt demanded by the CRA?

A: You can include the CERB repayment debt in a consumer proposal or bankruptcy, but it is advisable to seek professional advice from a licensed insolvency trustee in Canada to understand the specific implications and requirements of each option to your unique financial situation. Each individual’s financial situation is unique, so it’s crucial to receive personalized guidance on the best course of action to address the this repayment debt, your other debts and the effect on your assets.

We have helped several individuals eliminate their CERB repayment debt through both successful consumer proposals and bankruptcy.

CERB Conclusion

The Federal Government has taken steps to address confusion surrounding this program by updating guidelines, improving communication, and providing resources for repayment assistance. However, the CERB part of PM Justin Trudeau’s Canada’s COVID-19 Economic Response Plan seems to be extending the confusion and angst that existed during the COVID-19 crisis itself.

Navigating the complexities of eligibility and repayment is overwhelming, but with the right information, you can ensure a smooth process. By understanding the eligibility criteria and repayment options, you can avoid confusion and potential financial hardships in the future. Remember, it is always better to be proactive and seek clarification if you have any doubts regarding your CERB eligibility or repayment status. Together, we can navigate the confusion and emerge stronger on the other side. Stay informed, stay compliant, and stay financially secure.

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 person wearing a traditional Canadian red and white plaid shirt, surrounded by stacks of paper and envelopes from the Canada Revenue Agency. They look terrified and overwhelmed as they try to figure out how to repay the money they owe. The scene is set against a gray, ominous background with looming shadows representing the fear and stress the person is feeling. The person's facial expression and body language should convey a sense of desperation and hopelessness.

 

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ONLINE SPORTS BETTING: DISCUSSION IN ONTARIO IS ABOUT WHETHER IT COULD LEAD TO ALARMING ADDICTION

Private gaming websites that have gone through the province of Ontario licensing process are allowed to start taking wagers as of April 4, 2022. This new online platform marketplace is being run by iGaming Ontario, a subsidiary of the Alcohol and Gaming Commission of Ontario. Right now, online sports betting sites are the heaviest in advertising spending.

The Canadian government made single-game betting legal in Canada last summer, but Ontario didn’t fully open until 12:01 a.m. April 4, 2022. The province of Ontario is expected to generate about $800 million in total revenue this year from the online gambling market. Ontario with a population of approximately 15 million, is equal in size to the state of Pennsylvania, the fifth-largest state in the United States by population.

Who is responsible for monitoring online casinos in Ontario?

The Alcohol and Gaming Commission of Ontario is responsible for monitoring the new online casino market run by online casino operators. They were already monitoring the land-based casinos such as Casino Windsor run by Caesars Windsor, Fallsview Casino Resort in Niagara Falls and Casino Rama. Now they are in the online casino game too. They have a mandate to ensure that Ontario’s alcohol, gaming, horse racing and cannabis retail sectors operate with honesty and integrity, in the public interest. The federal government allowed for single-game betting and now the Ontario provincial government has implemented its licensing system for online sports betting.

The question now is whether online sports betting and other wagering sites will lead to an increase in gambling addiction. In this Brandon’s Blog, I explore the issue and describe why people who become insolvent because of addiction must be treated differently than others who have run-up debt.

online sports betting
online sports betting

Welcome to the exciting world of iGaming in Ontario!

Welcome to the exciting world of Internet gambling in Ontario! Here you’ll find all the hottest games and biggest jackpots, the most popular casino games, all just a click away! So come on in and start winning today!

The government of Ontario has officially launched its new online gaming market, which includes online casinos and esports betting sites. This marks the first time a Canadian province has run a private market for online betting, and predictions are that it could be worth billions of dollars.

The new regime in the province has raised many eyebrows and people are anxious to see how it will play out. The province has stated that it would like to bring some of the illegal, grey-market players into the fold by promising lower taxes (for the operators) and enforcing responsible gambling standards and anti-money laundering practices. This would, of course, generate new revenue from taxes.

What is the Ontario gambling age?

Both online sports betting and online casino gaming are available online in Ontario to anyone of legal betting age which is19 years or older. It didn’t take long for someone to bet on Ontario’s online sports betting industry.

PointsBet announced 50 seconds after the start that its “first big bet” in the province was Monday night’s NCAA men’s basketball finals in which North Carolina beat Kansas and the Toronto Maple Leafs beat the Tampa Bay Lightning.

Initially, 16 gaming operators, including sports betting operators, for each to become a provincially licensed operator to open operations in the province. More companies have registered with the Alcohol and Gaming Commission of Ontario, but have yet to reach an agreement with iGaming Ontario.

One is online game operator FanDuel, which signed a multi-year deal with TV station TSN. FanDuel will integrate with TSN across platforms, including in-game broadcasting, digital marketing, mobile apps and co-branding opportunities.

The service means that people in Ontario can now place bets on a wide variety of casino games, and sporting events, including single-event sports, betting, betting, and other gambling through online websites, smartphone apps and online casino apps that operate in the province’s regulated markets. The many gamblers in the province who have been active in the so-called “grey market” for years will find this appealing.

online sports betting
online sports betting

Is the Woodbine Casino available online?

But not everyone is excited about its launch. Jim Lawson, chief executive of Woodbine Entertainment, worries that the growing online sports betting market could have a detrimental effect on the horse racing industry and Woodbine Casino.

Woodbine, Canada’s largest bookmaker, has been unable to integrate its homogeneous horse racing business into legal online sports betting. “We don’t seek exclusivity, we don’t seek protection,” Lawson said. “We just want to be a part of it…all we’re asking for is having the operator host our product.”

“We knew almost from the beginning that they (sports betting platforms) were all very interested in horse racing, and if they wanted it, they had to buy it from Woodbine. That’s the premise that we’ve been pushing. And putting our content on their platform is a good thing for racing because that’s going to give it a huge exposure.”

Lawson hopes horse racing will soon be included in this newly competitive market of gambling sites with its wide range of betting options to allow the horse racing gambler to bet online, but he admits that being forced to do so after the game’s release isn’t ideal.

“I think it hurts us because we’re not on the starting line with everyone else,” he said.

Do online sports betting lead to gambling addiction?

The Ontario government of course hopes that everyone will only be involved in responsible gaming, but we all know that not everyone will. The early stages of the COVID-19 pandemic saw a shift from offline gambling to online gambling, including online sports betting, for many people. Offline gamblers became online gamblers. While most people see gambling as nothing more than a form of entertainment and will not be a seriously impacted gambler, the epidemic has led to an increase in gambling addiction.

Gambling addiction is a problem that is on the rise for women in the United Kingdom since the onset of the coronavirus pandemic. This addiction can lead to mental health problems, cognitive problems, relationship problems, and in some cases, bankruptcy and crime.

Unlike alcohol and drug addiction, gambling addiction does not have obvious physical symptoms or physiological manifestations. However, gambling problems have a huge impact. According to the latest estimates from the World Health Organization, players worldwide lost a total of $400 billion per year since 2016.

The current diagnosis of gambling disorder is based on the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Treatment and management guidelines for gambling disorders are being developed by the National Institute for Health and Care Excellence. Cognitive behavioural therapy and self-help groups are currently the most effective treatments for gambling disorders. These methods can help change thinking patterns and behaviours associated with gambling.

The key to addressing gambling disorders is early detection and treatment. This is essential in order to keep everyday activities enjoyable and prevent the brain’s reward system from being distorted.

If an addiction has taken over someone’s life, causing them to borrow money they can never repay, or divert money from family needs to feed their online sports gambling addiction, bankruptcy may be an option for them to get out of debt. However, a licensed insolvency trustee must deal with the bankrupt person whose causes of insolvency include addiction in a specific manner different than bankruptcies not caused by addiction.

online sports betting
online sports betting

Can you file bankruptcy for online sports betting debts?

People in debt because of addiction are usually dealing with personal loans, lines of credit, credit card debt, and maybe even income tax debt. They don’t have the money to repay and don’t have to repay your debts in full.

Filing an assignment in bankruptcy for gambling debts is possible, but it is not going to be easy. Different concerns must first be taken into consideration by people with gambling dependencies and financial obligations resulting from gambling.

The key issues are:

  • Your assets.
  • What is your annual income?
  • Have you ever been bankrupt before?
  • Full disclosure of all your debts, not just money owed as a result of gambling.
  • Have you been avoiding paying taxes because of gambling money?
  • Do you qualify for financial restructuring to avoid bankruptcy by filing a consumer proposal or a Division I proposal?
  • If you’re struggling with a gambling addiction, there are many resources and programs available to help you get the treatment you need. Gamblers Anonymous is one of the most well-known programs, but there are also many therapists and counsellors who specialize in gambling addiction who can help you in the long term.
  • To get a bankruptcy discharge, it is crucial for the person to show both financial rehabilitation as well as showing that their treatment is successfully stopping them from continuing to gamble. This involves the bankrupt revealing they have regularly attended therapy sessions and have ceased their addictive behaviour. They must also prove they are now capable of managing their finances responsibly.

Online sports betting: There are many other issues that need to be addressed besides just getting gambling addiction debt help

If you are insolvent and decide to file for bankruptcy, you will face several challenges.

Your non-exempt assets or equity in non-exempt possessions will be transferred to your Trustee. For example, if you own your marital residence with your partner, your share of the asset will be given to the Trustee and your partner will have to buy your interest back.

In a bankruptcy, if your regular income exceeds the poverty line, you will have surplus income to pay to the Trustee. If you have never been bankrupt before and have surplus income, you will have to make a regular monthly payment for 21 months before you can seek bankruptcy discharge. If you have been previously bankrupt, the 21 months becomes 36 months.

When the Trustee reports that your financial problems are due to a gambling addiction, they may try to block your discharge in bankruptcy. You will need to show not only that you have fixed your finances, but also that you have gotten help for your addiction. The Trustee has an obligation to make sure you have it as part of your overall rehabilitation.

online sports betting
online sports betting

Online sports betting, gambling addiction and getting a bankruptcy discharge

If you have a large unpaid income tax balance with the Canada Revenue Agency, they will likely oppose your discharge from bankruptcy. Your Trustee needs to oppose your discharge from bankruptcy if your bankruptcy is due to gambling. The facts that make it impossible to get an absolute discharge from bankruptcy are under the Bankruptcy and Insolvency Act (Canada) (BIA).

Section 172 of the BIA permits the Court to make an order of discharge which is either absolute, conditional, suspended, or even refused. The purpose of section 172.1 of the BIA is to prevent bankrupts who owe (1) $200,000 or more in personal income tax debt, and (2) at least 75 percent of all unsecured proven claims in the form of personal income tax debt, from receiving an automatic discharge from bankruptcy.

If a fact under s. 173 of the BIA is proven, the absolute discharge is not possible. The acknowledged fact that gambling addiction can bring on or contribute to bankruptcy is an s. 173 fact (BIA, s. 173(e)) that precludes an absolute discharge. This is why your Trustee would oppose your discharge from bankruptcy. The Court and Trustee require that any decision on your discharge maintain the integrity of the Canadian insolvency system. Your discharge will be contingent upon you paying a certain amount of money to your Trustee. A bankruptcy discharge suspension for a period of time after you pay the condition is also possible. If your behaviour was especially egregious, your discharge could be refused.

At the discharge hearing, you will need to demonstrate that you are taking active measures to end your addiction and are receiving counselling and therapy for gambling addiction. You will also need to show that your financial situation is improving.

Fantasy sports is one thing but an online sports betting addiction is real

I hope that you found this online sports betting Brandon’s Blog interesting. Among the countless problems that can arise if you have too much debt, you may also find yourself in a situation where you are seriously considering bankruptcy as a realistic option.

If you are concerned because you or your business are dealing with substantial debt challenges, whether you need online sports betting debt help or just plain old debt help and you assume bankruptcy is your only option, call me.

It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties with debt relief options as alternatives to bankruptcy. We can get you the relief you need and so deserve. Our professional advice will create for you a personalized debt-free plan for you or your company during our no-cost initial consultation.

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

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

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

Call us now for a no-cost consultation.

online sports betting
online sports betting

 

Categories
Brandon Blog Post

WILL AN INTEREST RATE HIKE IN CANADA BE NECESSARY AND WOULD IT BE EXCRUCIATING FOR CANADIANS?

As the COVID-19 pandemic continues, we hope that you, your family, and your friends are safe, healthy, and secure. Ira Smith Trustee & Receiver Inc. is fullynt operational, and both Ira and Brandon Smith are readily available for phone or video consultations.

Interest rate hike in Canada: Introduction

The Bank of Canada Governor, Tiff Macklem, announced on December 15, 2021, that the slack in the economy caused by the Coronavirus pandemic has substantially decreased. It is a clear indication that the central bank will begin an interest rate hike in Canada process in 2022. In addition, he said the central bank was concerned about the rate of inflation, which was at an 18-year high of 4.7% and well above its control range of 1-3%.

Here is a Brandon Blog about why at least one interest rate hike in Canada is likely in 2022 and what that means.

Interest rate hike in Canada: Canadian borrowers prepare as U.S. central bank warns of 3 rate increases in 2022

The U.S. central bank will now direct its attention to battling inflation. As it slows down its bond-buying, the Federal Reserve may raise rates as soon as April 2022. U.S. central bank forced to end stimulus due to job creation, expanding economy, and soaring inflation.

Fed says it will end its pandemic-era bond purchases in March, signalling it has met its inflation target. Federal Reserve rate increases are inevitable for Canadian borrowers. In the event that the Federal Reserve was to wind down stimulus faster and hike rates more rapidly, rising rates would have a greater impact on the Canadian economy. Governor Macklem will be free to act without fear of damaging Canadian exports if the Fed decides to increase interest rates.

Inflation is too hot right now. That’s the message from both the US and Canada central bankers.

interest rate hike in canada
interest rate hike in canada

Interest rate hike in Canada: Higher interest rates are coming. Omicron is unlikely to change that

At the beginning of the pandemic, the Bank of Canada reduced its benchmark interest rate to the current low level of 0.25 percent. Generally, a central bank will elevate its benchmark interest rate to cool down an overheated economy and control inflation. To stimulate a cold economy, it will decrease the rate of interest, which will encourage individuals as well as companies to borrow and spend.

To bring inflation under control, various economists predict that the Bank of Canada will need to raise interest rates in 2022. The argument is that monetary policy is the best way to deal with permanent, sustained inflation. According to them, a series of rate increases is needed to deal with it. As the federal government has suggested, recent inflation acceleration won’t be transitory.

In spite of the current outbreak of the Omicron variant, economic data from as recently as December shows the economy continues to outperform.

Interest rate hike in Canada: No need to hike benchmark interest rate just yet, Bank of Canada says

It is now difficult to find a senior economist that believes interest rates won’t rise to bring ongoing inflation under control by the end of 2022. Despite repeated attempts from the Canadian Government, the public isn’t convinced that Canadian inflation is minimal.

Canada’s central bank is the Bank of Canada, a crown corporation. Statistics Canada’s Consumer Price Index (CPI) is used to make Bank of Canada decisions. With the inflation-control target introduced in 1991, the ideal range for annual inflation is 1% – 3%, with the midpoint of 2% as the common target rate.

The Bank of Canada now says that the labour market slack has been absorbed significantly. It says the interest rate will remain at record lows until the economic slack is sustainably abated, which is currently forecast for the middle quarters of 2022.

Until Q2 or Q3 of 2022, the Bank of Canada expects its policy interest rate to remain at 0.25%. Until the second half of 2022, CPI inflation is also forecasted to remain above 2%. Currently, the Bank of Canada is keeping its policy interest rate unchanged. Eventually, economic levers currently being used, such as quantitative easing, will no longer be enough.

interest rate hike in canada
interest rate hike in canada

Interest rate hike in Canada: Rate hikes don’t fix bottlenecks and can hurt Canadians

Current inflationary pressures are due to supply chain disruptions, pandemic-related supply bottlenecks and energy prices. Hopefully, the economy will be more healed in the second half of 2022 before central bankers hike rates.

Considering the amount of outstanding debt, Governor Macklem should be careful not to raise borrowing costs too quickly or too much. If the Bank of Canada waits too long to begin an interest-rate increase, the rate hikes will have to be more dramatic, and Canadians aren’t ready for dramatic increases.

As the market rates are already preparing for a higher rate outcome, the average Canadian doesn’t need to prepare for the level of interest rates itself. Canadians will be affected by the pace of rate increases, in my opinion.

The current low-interest rates are designed to help borrowers weather the pandemic caused economic storm. In addition, since the outbreak of the pandemic, real estate prices have risen significantly, possibly creating a housing bubble in Canada. The Bank of Canada and the government are under pressure to lower stimulus because of asset bubbles in real estate and other assets.

Interest rate hike in Canada: How Will Higher Interest Rates Affect Me?

As a result of supply constraints resulting from Coronavirus-related events, low-interest rates will eventually end due to inflation. Meanwhile, there are concerns about another strain of this pandemic causing more economic damage. With no indication that the pandemic will ease any time soon, the Bank of Canada is inclined to gradually raise rates to avoid shockwaves reverberating throughout the entire economy.

Some Canadians may be affected by higher interest rates. In the long run, the Bank of Canada will have to make every effort to maintain a stable economy.

As Canadians struggle to get back to normal, they are concerned about the impact of a rate hike. A higher interest rate could lead to less consumer spending and job losses, according to some economists. Variable-rate mortgage debt holders will have higher interest costs. The same goes for those with fixed-rate debt, such as mortgage debt, whose term is set to expire. They are concerned about having to renew their mortgage debt at a higher interest rate. Business borrowings with a variable interest rate pegged to the financial institution’s prime rate will also cost more.

The one thing we know for sure is that many Canadians are concerned about the future and what changes in interest rates may mean for them. Nonetheless, the Bank of Canada will not raise interest rates overnight. It typically takes the central bank several months to set interest rates.

Whenever the Bank of Canada decides to raise rates, it will carefully consider how it will affect different groups of Canadians, such as those with mortgages and those without homes. In the case of mortgage holders, the Bank of Canada wants to ensure that they can afford their mortgages when interest rates rise.

In order to maintain the economic recovery, the Bank of Canada must manage the risks associated with rising interest rates.

interest rate hike in canada
interest rate hike in canada

Interest rate hike in Canada: Summary

I hope you found this interest rate hike in Canada Brandon Blog informative. Although nothing is guaranteed, managing your debt in a way that will allow you to be able to afford it, even if there is an interest rate hike in Canada, will lead to your financial success. It will also give you the best shot at having a financially stress-free life.

Are you or your company in financial distress and a debt crisis? Are you embroiled in costly litigation or a crushing debt load and need a time out in order to restructure? Do you not have adequate funds to pay your financial obligations as they come due? Are you worried about what will happen to you? Do you need to search out what your debt relief options and realistic debt relief solutions for your family debt are? Is your company in financial hot water?

Call the Ira Smith Team today. We have decades and generations of experience assisting people looking for life-changing debt solutions through a debt settlement plan and AVOID the bankruptcy process.

As licensed insolvency professionals, we are the only people accredited, acknowledged and supervised by the federal government to provide insolvency advice and to implement approaches to help you remain out of personal bankruptcy while eliminating your debts. A consumer proposal is a Government of Canada-approved debt settlement plan to do that. It is an alternative to bankruptcy. We will help you decide on what is best for you between a consumer proposal vs bankruptcy.

Call the Ira Smith Team today so you can eliminate the stress, anxiety, and pain from your life that your financial problems have caused. With the one-of-a-kind roadmap, we develop just for you, we will immediately return you right into a healthy and balanced problem-free life.

You can have a no-cost analysis so we can help you fix your troubles.

Call the Ira Smith Team today. This will allow you to go back to a new healthy and balanced life, Starting Over Starting Now.

As the COVID-19 pandemic continues, we hope that you, your family, and your friends are safe, healthy, and secure. Ira Smith Trustee & Receiver Inc. is fully operational, and both Ira and Brandon Smith are readily available for phone or video consultations.

interest rate hike in canada
interest rate hike in canada
Categories
Brandon Blog Post

THE LUCRATIVE RESP BANKRUPTCY PLAN TO DEBT RELIEF

resp bankruptcy
resp bankruptcy

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic. Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

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

RESP bankruptcy introduction

Parents contribute to their child’s Registered Education Savings Plan (RESP) in order to save for their children’s post-secondary education. In contrast to Registered Retirement Savings Plans (RRSPs), RESP contributions, or the total amount of all contributions made by the parent(s), is a property that is available for seizure in bankruptcy of the owner of the RESP.

In this Brandon Blog, I explain why an RRSP, unlike an RESP, is mostly exempt from seizure in bankruptcy. RRSPs and a Registered Retirement Income Fund (RRIF) are exempt from seizure based on a balancing act between federal and provincial laws. The RESP bankruptcy is not exempt. Since I practice in Ontario, I will only comment on the situation there.

Will I lose my RRSP in bankruptcy?

An RRSP’s exemption from seizure in bankruptcy was determined solely by provincial law before 2008. The bankruptcy treatment of RRSPs was not outlined in federal insolvency law. The Bankruptcy and Insolvency Act (Canada) (BIA), being the federal bankruptcy law in Canada, other than the exception described in the next section, exempted assets contained in either an RRSP or an RRIF from seizure as of July 2008.

Inequality among RRSPs was the reason for changing the BIA. If your RRSP was held at a financial institution, it would not be exempt from seizure if you filed for bankruptcy. But if you held it:

  • at an insurance company; AND
  • the beneficiary designation of your plan was irrevocable as your spouse, child, parent, or grandchild in the event of your death

under the Ontario Insurance Act, the entire RRSP or RRIF was exempt from seizure.

The reason for amending the BIA was twofold:

  • all RRSPs and RRIFs should be treated the same, regardless of which institution holds them; and
  • retirement income should not be lost as a result of financial problems for Canadians who have gone bankrupt, since their fresh start is made possible by the bankruptcy system.

In other words, before July 2008, people who were going to file for bankruptcy and who had a sizeable RRSP with a chartered bank would transfer the RRSP to an insurance company and designate one or more beneficiaries accordingly. In Canada, bankruptcy courts heard many cases about transactions designed to save an RRSP from seizure in bankruptcy.

An insolvency trustee or bankruptcy trustee could replace the named beneficiary of an insurance policy or retirement investment, including RRSPs or RRIFs, with the Estate and then collapse the plan so as to obtain the funds if the beneficiary designation of the policy was revocable. Trustees cannot collapse investments if the beneficiary is irrevocable; such plans constitute exempt assets. A Trustee would have to use it as one of the reasons for opposing a bankrupt’s discharge. Since the person, aware of their insolvency, transferred the asset for no value, the creditors are unable to pursue them. This was is known as a settlement.

The leading case on this issue, which was eventually followed by other jurisdictions, including Ontario, is Royal Bank of Canada v. North American Life Assurance Co., 1992 CanLII 4696 (SK CA), also known as the Ramgotra case. Dr. Ramgotra was bankrupt. A lower court decision regarding what should be done with the RRSP funds, turned into an RRIF, prior to his bankruptcy but when he knew he was in financial trouble, was appealed by the Royal Bank of Canada, having received Court approval to appeal the case instead of the Trustee appealing. The Court of Appeal found that the property had an irrevocable interest in Mrs. Ramgotra despite the transfer of the RRSP being a settlement.

So effective July 2008, the Canadian government amended the BIA so that regardless of which of the financial institutions an RRSP was held, only the contributions made within 12 months of the date of bankruptcy were subject to being lost to the licensed insolvency trustee in bankruptcy.

resp bankruptcy
resp bankruptcy

Registered Education Savings Plans (RESP) and bankruptcy: RESP bankruptcy is not exempt

It is fairly simple to understand why RESP contribution funds are not exempt from seizure in bankruptcy. Since the parent can collapse the plan before maturity, the child does not receive a property interest in the RESP funds. There is therefore no trust or transfer of property to the child. In an RESP bankruptcy, the bankrupt parent’s Trustee can therefore collapse their RESP.

A Trustee must make satisfactory arrangements with the parent, or another relative, to have them pay the Trustee the equivalent amount of funds in the RESP at the date of bankruptcy. This way the Trustee will have recovered on the asset for the benefit of the bankruptcy estate and the bankrupt’s creditors. The bankrupt parent will have done what is necessary in order to avoid the RESP collapsing, losing the government contributions money and not having the plan value go forward for the child.

MP Dan Albas introduced his private member’s bill, An Act to amend the Bankruptcy and Insolvency Act (property of bankrupt registered education savings plans), on June 3, 2019. In this bill, the purpose was to amend section 67(1)(b.3) of the BIA, so that RESPs receive the same treatment as RRSPs and RRIFs. Like many other private member’s bills that die, this bill has not made any progress.

The thrust is obviously to make sure that other than for contributions made in the 12 months before the date of bankruptcy, a parent should not lose the RESP benefits for their child’s post-secondary school education because of their bankruptcy.

No matter how well-intentioned, one societal reason this Bill C-453 initiative will fail is that an elementary or high school student’s college tuition differs from that of a retiree whose earning years are behind him or her. So to date, there is no federal law that provides creditor protection for a Registered Education Savings Plan.

How to preserve an RESP bankruptcy

Your RESP’s liquidation cash value can be determined by contacting the financial institution holding the funds. The liquidation value does not include the government grant portion of the funds that are only available if the child attends a qualified educational institution.

You can instruct your Trustee to contact the financial institution holding the RESP funds to have the plan cashed out and remit the proceeds (net of government contributions) to the Trustee. This way the asset of the bankruptcy estate will go for the benefit of your creditors if you are not interested in keeping your RESP, which is unlikely in almost every case.

Preserving an RESP bankruptcy can be achieved in two ways. The first is to avoid bankruptcy. No, I don’t mean to tell you not to deal with your financial problems because like it or not, you are in an insolvency scenario. Just don’t use bankruptcy. If your debts not secured by your primary residence are $250,000 or less, you should consider a consumer proposal. You may use the large debtor proposal provisions of the BIA if the debts exceed this amount.

Second, the nonbankrupt spouse, or another relative, can buy the Trustee’s right, title, and interest in the RESP for an amount equal to its liquidation cash value. Thus, the purchaser becomes the owner of the RESP, and the child will continue to benefit from it. In acting in the best interests of unsecured creditors, the Trustee will have recovered the liquidation cash value.

resp bankruptcy
resp bankruptcy

RESP bankruptcy: A very recent divorce example

Having just dealt with this issue last week in one of our personal bankruptcy filings, I am writing about the RESP bankruptcy treatment today. I am the insolvency trustee in a bankruptcy filed by a divorced mother who is now on her own. The failure of her restaurant caused by the COVID-19 pandemic caused her to go bankrupt because of her high debt load.

Her ex-husband and she owned a registered education savings plan for their only child. As part of the no-cost session I provide to anyone contemplating insolvency, I discussed what might happen to an RESP bankruptcy if a bankruptcy is filed.

It was an upsetting experience for the mother. It was clear that she was upset at the prospect of losing half the liquidation proceeds if the plan collapsed. In addition, it was part of the divorce agreement that the jointly owned RESP would be continued for the benefit of the child. We had to create a plan to keep the RESP afloat in the event of RESP bankruptcy. I had no trouble coming up with the plan. What was tricky were the technical details.

This is what we came up with. First, we told her to contact the financial institution where the funds were held and obtain a written statement of the plan’s liquidation cash value. After receiving the written statement from the financial institution, we told her to pass it along to us. She did, and it turned out that the total liquidation value was approximately $26,000. She, therefore, had a half-interest valued at $13,000. We then got her permission to contact her ex-husband and explain the situation.

The ex-husband was informed that his ex-wife would be filing for bankruptcy by us. There would be an RESP bankruptcy. He knew that he had to maintain the RESP. When his ex-wife went bankrupt, we told him that if he purchased our right, title, and interest in the RESP, he would become the sole owner, and the fund would be preserved in an RESP bankruptcy and they could continue contributing to it. It was no problem for him, thankfully.

Because she had actually not yet filed for personal bankruptcy, we had not yet been designated as the licensed insolvency trustee. Our objective was to make sure there wouldn’t be a change of mind despite the divorce condition. Based on Canadian bankruptcy legislation, we scheduled the ex-husband to offer a $13,000 third-party cash guarantee to cover the costs of carrying out the personal bankruptcy.

Furthermore, we agreed that upon the bankruptcy, subject to the approval of the Inspectors, if any were appointed in this summary administration bankruptcy, we would then convert this third-party guarantee into the right, title, and interest as the licensed insolvency trustee of the RESP.

A bill of sale would be issued to him, and we would confirm jointly with the financial institution that he is now the sole owner of the RESP, and they would need to amend their records accordingly. This RESP bankruptcy would have been fully realized as we had gotten the full value of the mother’s half-interest in the RESP. It was a win-win situation for everyone involved.

resp bankruptcy
resp bankruptcy

RESP bankruptcy: What about you?

Hopefully, you see from this Brandon Blog, there are ways to deal with an RRSP both in bankruptcy and non-bankruptcy situations. I hope you found this RESP bankruptcy Brandon Blog informative. Are you in financial distress and a debt crisis? Are you worried about any RRSP or RESP contributions? Do you not have adequate funds to pay your financial obligations as they come due? Are you worried about what will happen to you in retirement? Do you need to find out what your debt relief options and realistic debt relief solutions for your family debt are?

Call the Ira Smith Team today. We have decades and generations of experience assisting people looking for life-changing debt solutions through a debt settlement plan and AVOID the bankruptcy process.

As licensed insolvency professionals, we are the only people accredited, acknowledged and supervised by the federal government to provide insolvency advice and to implement approaches to help you remain out of personal bankruptcy while eliminating your debts. A consumer proposal is a government-approved debt settlement plan to do that. It is an alternative to bankruptcy. We will help you decide on what is best for you between a consumer proposal vs bankruptcy.

Call the Ira Smith Team today so you can eliminate the stress, anxiety, and pain from your life that your financial problems have caused. With the one-of-a-kind roadmap, we develop just for you, we will immediately return you right into a healthy and balanced problem-free life.

You can have a no-cost analysis so we can help you fix your troubles.

Call the Ira Smith Team today. This will allow you to go back to a new healthy and balanced life, Starting Over Starting Now.

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic. Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

resp bankruptcy

Categories
Brandon Blog Post

COVID 19 RESOURCES CHECKLIST FOR CANADIANS UNABLE TO WORK

The Ira Smith Team is fully operational and both Ira and Brandon Smith are available for telephone consultations, conference calls, and virtual meetings. Stay healthy everyone.

Introduction

On March 18, 2020, Prime Minister Justin Trudeau introduced a new set of financial steps to support the Canadian economy during these challenging and unprecedented times. These steps, delivered as part of the Federal government of Canada’s Covid 19 resources package, will supply up to $27 billion in support to Canadian workers and businesses. This Brandon’s Blog focusses on the government’s programs for workers.

I caution that at the time of writing this blog, many details of the available support have not been fully stated and documented. So accordingly, certain information known today about the proposed plans may change.

NOTE: After writing this Brandon’s Blog, legislation passed by the Canadian Parliament has amended plans for the Emergency Care Benefit and the Emergency Support Benefit. So, the information in this blog should be read as the policy issues the Canadian government wishes to address. In the next Brandon’s Blog, I will provide an update.

Covid 19 resources for Canadian workers

The new programs announced for specifically due to the coronavirus pandemic are for people who need assistance because they are:

  1. dealing with unemployment;
  2. Ill with the coronavirus is quarantined and therefore cannot work; or
  3. well however cannot go to work since they are taking care of someone ill with the coronavirus.

The new government programs announced are the:

These programs belong to a new set of economic actions to help support the Canadian economy following a Canada-wide reaction to the coronavirus.

Emergency Care Benefit

Prime Minister Trudeau stated that the Emergency Care Benefit (ECB) is for those workers, who do not receive Employment Insurance (EI) and do not have access to paid sick leave. The brand-new ECB will include support for the self-employed, contractors, freelancers, part-time workers and gig economy workers, with income security if they cannot work due to the fact that they are in self-isolation or in quarantine or looking after a family member in that situation.

The Canadian Government introduced the ECB as part of Canada’s economic recovery plan to offer financial support every 2 weeks to those who meet the standards who have to stay at home. The ECB will cover Canadians who are sick, quarantined, have been instructed to self-isolate or are taking care of someone with coronavirus.

The ECB will offer up to $900 bi-weekly for Canadian workers who meet the criteria and are impacted by the implementation of processes to stop the spread of this pandemic. The normal 1 week EI waiting period will be waived.

Standards to get approved for the ECB is extremely specific. Applications for the ECB are to become readily available in April 2020, the government said. Applications can be made via your Canada Revenue Agency (CRA) account, your My Service Canada Account or by calling a toll-free number, which they have actually not yet established.

The ECB does not apply to people that are laid off, however, they are not sick, quarantined or looking after someone else as a result of the coronavirus. The ECB will also cover parents of children that need treatment or supervision because of school closures and are therefore not able to earn income from employment, irrespective of whether they qualify for EI or otherwise.

Thomas Davidoff, an economics professor at the University of British Columbia, claimed the ECB is a good beginning however governments ought to also be looking at other measures like implementing a rent freeze.

Emergency Support Benefit

A new Emergency Support Benefit (ESB) will be created for workers that lose their jobs and do not qualify for EI, including the self-employed. Currently, the qualification criteria for the ESB has not been disclosed. The ESB plan is to provide 14 weeks of support as an income replacement tool.

The ESB, part of the overall Covid 19 resources package is also being introduced for those that cannot apply for EI and are ill. The ESB will also be available to people that lose their job or see a reduction in hours as a result of the slump in the economy. The ESB will be delivered through the CRA to give up to $5 billion in support of Canadians who are not eligible for EI and are dealing with unemployment.

From the information on the Government of Canada’s website, the ESB is also set to come out in April. Tammy Schirle, an economics professor at Wilfrid Laurier University stated that while the ESB is a step in the right direction, the Prime Minister’s statement had very little real information on how the program will work.

Unfortunately, as I write this Brandon’s Blog, I cannot give you any more specifics. The Liberal government’s $82 billion help bundle to assist Canadians facing the coronavirus pandemic is delayed in the House of Commons. The opposition parties are balking at some measures in the suggested legislation that would offer Finance Minister Bill Morneau extraordinary powers never seen before in Canada.

It appears the only distinction between the ECB and the ESB is that the ECB is for individuals who are sick or caring for an ill person, while the ESB is for people that are well yet cannot work because they have been laid off and are also disqualified for EI.

EI Sickness Benefit

The Federal government of Canada has revealed that as part of the overall economic resources package:

  • the one-week waiting period for EI sickness benefits will be waived for brand-new claimants that are quarantined so they can be paid for the first week of their insurance claim;
  • there will be priority EI application handling for EI sickness claims for Canadians under quarantine; and
  • individuals applying for EI sick benefits because of quarantine will not have to provide medical certification to qualify.

The EI Sickness Benefit will be for those who have acquired coronavirus or that have gone into self-isolation, or for those that are taking care of those in self-isolation. The new provisions include assistance for those who do not generally qualify for EI.

If a person believes they are eligible, they can call the new committed toll-free phone number 1-833-381-2725 (toll-free) or online. For those who cannot apply because of self-isolation, EI sickness benefits can be filed later on and also backdated. Unfortunately, that still will not reduce any financial trouble they may experience in the meantime.

The checklist

If you would like to download for no-cost our checklist to help you understand what program you may qualify for, please CLICK HERE to download the checklist.

The checklist will help you find out what benefits you may be entitled to in the following situations because you are:

  1. Laid off due to work closures but you are not sick or caring for someone who is.
  2. Unable to work due to self-quarantine.
  3. Laid off and ineligible for Employment Insurance (EI).
  4. Self-quarantined and ineligible for EI.
  5. Unable to work due to school closures.
  6. Sick due to having contracted the virus through your work.

So please feel free to download the document HERE. It is a useful guide that you can refer to quickly to figure out what category you fit into. Again, I caution that this information is as described to date by the Government of Canada. It has yet to be enacted into legislation. Accordingly, it is tentative and subject to change.

Summary

We are all part of our community and we must all work together to help stop the spread of this virus. Social distancing and self-quarantining are sacrifices that need to be done for sure. Families will not be able to get together face to face. The use of technology to hold virtual family gatherings will have to suffice. I hope this Covid 19 resources blog is informative for you.

Ira Smith Trustee & Receiver Inc. has always employed clean and safe habits in our professional practice and continues to do so.

If anyone needs our assistance and is unable to go out, either through self-quarantine measures or just general precautions, rest assured that Ira or Brandon can still help you. Telephone consultations and/or virtual meetings are available for anyone wanting to discuss their personal or corporate situation.

Are you now worried about how you are going to survive? Are you worried about how long your company will be able to pay employees who are not working and meet all of its other obligations? Those worries are normal.

The Ira Smith Team understands these fears. More notably, we know the requirements of the business owner or the person who has too much individual debt. Because you are dealing with these stressful financial issues, you are 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 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.

covid 19 resources
covid 19 resources

The Ira Smith Team is fully operational and both Ira and Brandon Smith are available for telephone consultations, conference calls, and virtual meetings. Stay healthy everyone.

If you would like to download for no-cost our checklist to help you understand what program you may qualify for, please CLICK HERE to download the checklist.

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Brandon Blog Post

CANADA FEDERAL BUDGET PLAN: RETIREE BANKRUPTCY PROTECTION REJECTED

Canada federal budget plan: Introduction

Like many Canadians, on March 19 I was watching to see if the Conservative Party would be successful or not in blocking Finance Minister Bill Morneau’s budget speech. In the end, the Liberals took the drop on Parliament by getting the budget introduced early, before the Finance Minister’s speech. That allowed the media in lockup to start broadcasting the details of the Canada federal budget plan before the Finance Minister gave his speech!

Canada federal budget plan: Retiree bankruptcy protection

I was also looking to see what the budget had in it about retiree bankruptcy protection. This matter has been in the news over the past two years. High profile insolvency cases such as Sears Canada and U.S. Steel Canada brought this matter to the forefront. I have written a few blogs on the topic of proposals to amend the Bankruptcy and Insolvency Act (Canada) (BIA) and the Companies’ Creditors Arrangement Act (Canada) (CCAA) to provide protection to retirees. This included private members’ bills introduced by Hamilton Mountain NDP MP Scott Duvall, Bloc Québécois MP Marilène Gill and Senator Art Eggleton, P.‍C.

As I have previously written, the issue for retirees (and current employees) relates to the employee health benefits plan and pension plan when a company enters into an insolvency administration. Insolvent companies have been allowed to put a moratorium on reimbursements to employees and retirees on valid health benefits claims. Also, the employee pension plan suffers a shortfall because the insolvent company has not made the required contributions. This automatically creates reduced pension benefits for retirees.

Pensions are delayed earnings. In either a bankruptcy or bankruptcy protection reorganization, there is generally nothing left for employees.

Given the recent high-profile insolvency cases, employees now recognize just how unsecure their pension plans and health benefits might be in the case of insolvency, reorganization or bankruptcy.

The Liberal Party already recognizes that this is a major problem. However, in this budget, they decided to ignore the issue.

Canada federal budget plan: What this budget is

Rather, this budget screams please re-elect the Liberal party. In the wake of the SNC Lavalin debacle, Prime Minister Justin Trudeau is trying to win votes by spending, spending and then more spending.

The Government of Canada market debt is projected to climb by $31 billion in the coming fiscal year, to strike a total amount of $754 billion. This brand-new funding demand comes along with $250 billion of existing debt that will be maturing and will require to be refinanced.

The Finance Minister estimates that Canada’s deficit will rise as a result of the $22.8 billion of new spending. The 2018-19 deficit projection is now set at $14.9 billion, slightly reduced from the Government’s estimate in Fall 2018. However, not surprisingly for an election budget, the Liberals found a way to spend those savings and then some. Their 2019-20 deficit projection is $19.8 billion.

Canada federal budget plan: What is in this budget

This budget has a bit of something for almost everyone. I am not an economist and this Brandon’s Blog is not meant to be an economic analysis of the budget. There are many sources for an in-depth analysis. However, some of the budget highlights are:

  • $1.25 billion over 3 years on a shared-equity home loan program for first-time home buyers.
  • RRSP withdrawal limit for new home buyers increases to $35,000 from $25,000.
  • To aid Canadians with uncommon medical conditions or diseases access to the medications they require, Budget 2019 proposes to invest up to $1 billion over two years into a National Pharmacare program, starting in 2022–23, with up to $500 million per year afterwards.
  • $3.25 billion to Indigenous Services for water quality, child welfare, education and other supports.
  • $2.2 billion for a one-time doubling of Gas Tax cash for cities’ infrastructure spending.
  • Personalized Canada Training Credit of $250 a year (up to $5,000 lifetime) for job retraining.
  • A credit of up to $5,000 for the acquisition of electric vehicles.
  • The rate of interest on Canada Student Loans decreased to prime and will be interest-free for 6 months after graduation.
  • Low-income working seniors can earn more without losing GIS benefits.
  • $595 million to sustain journalism will include 15% tax credit for electronic news subscriptions.
  • A promise of high-speed internet for all Canadians by 2030.

Canada federal budget plan: Vote for me

So as you can see, this budget is full of promises; a little something for everyone. The two glaring omissions seem to be nothing really for business and ignoring retiree bankruptcy protection. It appears that the Federal government went for the easy stuff – spending money, as opposed to harder things like amending the BIA and CCAA.

It is obviously an election budget. Details on how the new legislation and spending will work are scarce within Budget 2019. No doubt the devil will be in the details. The new proposed housing provisions will no doubt spur demand, which will keep the construction industry going which is a good thing. However, increased demand will probably mean higher prices in the major Canadian cities, especially in Toronto and Vancouver. So, it will take time to see if affordability gets worse or not for new home buyers.

Canada federal budget plan: I can’t spend more than I earn, how about you?

Our government has made no secret that it will be spending last year’s savings and then look to spend more than it takes in. The way they can do that is by just issuing more debt. This is certainly not unique to the Canadian government. All governments do it.

Unfortunately, normal working people can’t just take on more debt because we want to spend more. Eventually, I would run out of lenders willing to let me borrow more money, and my income would not be enough to make all my monthly payments, let alone repay the original loans! Rather, like you, I need to budget to make sure that my necessities are covered and that I have enough money for the other things I need to spend on. This includes my savings and emergency savings fund.

Have you lost the ability to borrow more money? Are you having trouble making your monthly payments? Is your business facing financial challenges that need to be addressed?

If so, call the Ira Smith Team today. We have years along with generations of experience helping people and companies in need of financial restructuring or a debt settlement plan. As a licensed insolvency trustee, we are the only professionals accredited as well as supervised by the Federal government to supply insolvency advice and services to help you avoid bankruptcy.

You can have a no-cost consultation to help you to fix your debt troubles. With you, we will discover your financial pain factors and offer you the strategy to finish them in your life. This will absolutely allow you to begin a clean slate, Starting Over Starting Now.

Call the Ira Smith Team today so you can start ending your stress and pain today. With the roadmap we create unique to you, we will quickly return you right into a healthy and balanced carefree life.

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