Tag: Consumer Proposal

How Much Does A Consumer Proposal Cost: We Show You Our Rules To Make It FREE

Post author By Brandon Smith
Post date April 5, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus 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 and click play on the podcast.

How much does a consumer proposal cost: Only pay a Trustee for consumer proposal services

This Brandon Blog answers the question “how much does a consumer proposal cost?”. There is one thing that I want to get out of the way first, that directly impacts the cost of a consumer proposal. The only party authorized by law to administer a consumer proposal in Canada are licensed insolvency trustees (formerly called bankruptcy trustees).

There are many firms that advertise that they will settle your debts without you having to see a licensed insolvency trustee (formerly called a trustee in bankruptcy). They sell you on the sizzle of staying away from a licensed trustee implying that visiting a reputable bankruptcy trustee will immediately mean that bankruptcy will be your only option.

These firms promise a lot but deliver little or nothing. In return, you need to pay the high fees. Then, when they have charged you everything they can, they walk you down the street to a licensed insolvency trustee (Trustee) to administer a consumer proposal for you. So they end up taking you to the exact professional they first told you to avoid when they cannot charge you any more fees. Why can’t they charge you any more fees? Because by then, you have wised up to their game!

So do yourself a favour. The easiest way to know how much does a consumer proposal cost is to make an initial Trustee visit for a no-cost initial consultation to learn all your debt relief options and forget about the non-licensed debt management company.

How much does a consumer proposal cost: Getting rid of debt

When you are buried in debt, things like saving for the future can seem impossible. This is because you are trying to climb up a hill with a heavy backpack on your back, making it hard to take a step forward. You may even be tempted to stop trying when you hear everyone else talking about how they are able to save so much, but you wonder why you can’t.

If you’re looking at a pile of unpaid bills and thinking, “I just can’t afford to make those payments” or “I can’t believe I’m falling so far behind,” you’re not alone. But you’re not hopeless. It is possible to get out from under crushing debt and start getting ahead. The first step is to stop making the situation worse with missed payments and late fees. To do this, you need to make a plan.

Managing your debt is a lot like dieting – it looks easy and straightforward on the commercials, but when you get down to doing it, it’s a whole different story. There are hundreds of books and websites out there, each with different tips and techniques that you can follow to help you get a handle on your debt. Here are a few things to consider:

As I have written in several blogs before, a self-help remedy is always the best. First look at all your monthly income sources and all your expenses for a typical month. Create a budget showing what it all is so that you can figure out how much more you are spending each month than you earn. Now, look critically at all your behaviours during a typical month that leads to that spending. What can you cut out?

Also, look at your total monthly income. Do you have the time for and ability to either get a second part-time job or create a side hustle for yourself in order to earn more income? Based on all this reflection, what is the best budget you can come up with to try to spend no more than you earn, after-tax? This will let you see if you can work yourself out of your financial challenges by having excess money each month to pay off your debts or not.

If yes, terrific. Put your plan into play and pay down your debts. Curb your credit card spending so that you only charge what you can pay off by the due date. If not, then perhaps you need to visit a Trustee.

How much does a consumer proposal cost: Get a personalized debt free plan

When people talk about getting out of debt, it can sometimes be hard to know where to start. If you’re stressed about your financial situation, the last thing you want is to be confused by too many options and not know what to do. Thankfully, there’s a way to get a personalized debt-free plan that will help you figure out what to do and how to get out of debt. We can help you develop a debt relief plan that will put you on the path to a debt-free life.

If you have overdue consumer financial debts, you are receiving telephone calls from financial debt collectors. Although personal bankruptcy gives a fresh start for those that are drowning in debt, in my view, it is the last resort for those that have maxed out their credit cards. If you require an financial clean slate, a consumer proposal is an excellent way to relieve yourself of the stress and anxiety of too much debt. It is the only federal government-approved method for debt settlement.

In an initial no-cost consultation with a Trustee, all possible debt relief options will be discussed. At the end of the consultation, you will have a clear understanding of what personalized debt-free plan is best for you. Let us know dive deeper into how much does a consumer proposal cost.

How much does a consumer proposal cost: A negotiated debt settlement

You can easily look back on some of my earlier blogs to refresh yourself on all the details of what a consumer proposal is and how it works, including my Brandon Blog CONSUMER PROPOSAL FAQ: ANSWERS TO 10 TANTALIZING CONSUMER PROPOSAL QUESTIONS. To save you time, the important points to remember are that in the consumer proposal process:

You can settle your unsecured debts totalling a level of debt of $250,000 or less, not including any mortgages or lines of credit secured by way of a mortgage or other charge against your personal residence.
The settlement of debts will be at a total dollar settlement value much less than the total outstanding debt you owe.
The amount you will have to pay in a consumer proposal is based on what your creditors can expect from your bankruptcy. The bankruptcy statute in Canada states that your offer in the consumer proposal must be better than what your unsecured creditors would receive in your bankruptcy. Although there is no guarantee as to what the final amount will be, as a general rule of thumb, you can consider a consumer proposal totalling 25% of the total amount you owe as a good rule of thumb.
You can take a period of time up to 5 years to make monthly consumer proposal payments to the Trustee, who acts as the Administrator of your proposal, to pay the entire consumer proposal fund. The Trustee then makes the required creditor distributions to your unsecured creditors on a pro-rata basis.
A Trustee is the only debt professional in Canada who is licensed and supervised by the Canadian government, through the Office of the Superintendent of Bankruptcy Canada. A Trustee is the only professional that can offer consumer proposals services.
how much does a consumer proposal cost

The Cost of a Consumer Proposal in Ontario

In Canada, the term consumer proposal refers to a formal, legally binding arrangement between a debtor and creditors, involving a lump sum payment spread over equal monthly payments to the Trustee but taking no more than 60 months.

This money is then used by the Trustee to make the necessary creditor distributions in return for a consumer proposal discharge. The creditors agree to accept a portion of the outstanding debt in full settlement. A consumer proposal is a viable option for those who are having trouble paying their debts because they are disabled, unemployed, or have suffered a loss of income.

How much does a consumer proposal cost is on everyone’s mind when they contemplate filing one. When we think of cost, our minds first go to “how much will the licensed trustee charge me for all this?”. The reality is that the amount the insolvent debtor will have to pay to the Trustee who is called the Administrator in a consumer proposal to create the proposal fund is a direct result of what the unsecured creditors could expect to receive in the debtor’s bankruptcy filing. The statute says that the offer to the unsecured creditors has to be better than what they could expect to receive in the debtor’s bankruptcy.

Let’s look at a real example so I can better illustrate this. Assume we have an insolvent debtor who would be a first-time bankrupt. Assume that their personal situation in their filing for bankruptcy is as follows:

Surplus income payments of NIL.
Assets realization of $20,000 and non-exempt assets therefore not sold by the Trustee.
Total liabilities of $173,000.

So in this bankruptcy process, the total fund that would provide for the payments to creditors would be $20,000 in the bankruptcy. The fee and disbursements allowed for the Trustee in this bankruptcy example are governed by the bankruptcy statute. The fee is therefore called a tariff fee. For purposes of figuring out what kind of consumer proposal would be required, the tariff fee of the Trustee in this bankruptcy is irrelevant.

Assuming the person in this example did not commit any sort of bankruptcy offence, there is nothing more to discuss as to what each creditor could expect out of the bankruptcy. They would receive their pro-rata share of the distribution.

In order for a consumer proposal to be a better alternative for the unsecured creditors, I suggest that a consumer proposal filing offering a total payment of $25,000 payable in regular monthly payments over a maximum five-year period would be appropriate.

This is the cost of this consumer proposal in Ontario, $25,000. As this example shows, how much does a consumer proposal cost has zero relationship to what my Firm would earn as the Administrator.

How much does a consumer proposal cost: Consumer proposal costs in Ontario

As the Administrator of a consumer proposal, I am entitled to a tariff fee stipulated in the Rules to the Bankruptcy and Insolvency Act (Canada). There are also some administrative expenses and taxes to be paid. What the tariff allows, to be paid from the consumer proposal fund, is as follows:

$750 payable on filing a copy of the consumer proposal with the Official Receiver;
$750 payable on the approval or deemed approval of the consumer proposal by the court;
20% of the money distributed to creditors under the consumer proposal, payable on the distribution of the money;
the costs of counselling at $85 per session, payable after each session, to a maximum of two sessions;
the fee payable to the official receiver in the amount of $100, payable at the time of filing a copy of the consumer proposal;
the fee payable to the registrar in the amount of $50, but only if you have to go to Court; and
all applicable taxes for GST/HST.

The final amount payable not listed above is the levy payable to the federal government calculated at 5% of any distribution made to the creditors. This payment to the government is what pays for the administration of the Canadian bankruptcy system.

So taking the above example of the $25,000 consumer proposal, the consumer proposal calculation assuming everything went smoothly and there was no need to go to Court would go as follows:

Category	$
Payment under proposal	25,000.00
Counselling fees (2 x $85) for Administrator	170.00
The fee paid to the Official Receiver	100.00
Administrator’s fees	1,500.00
HST on above fees ($2,250)	292.50
The amount available for distribution	22,937.50
Administrator fee of 20% of the money distributed to creditors	4,587.50
Applicable HST	596.37
5% Levy payable	887.68
Total amount to be distributed to the unsecured creditors	16,865.95

So in this example, out of the total consumer proposal fund of $25,000:

- The amount paid for the consumer proposal is $25,000.
- This represents 14.5% of the total liabilities.
- The Administrator earned fees (net of HST) totalling $6,257.50.
- The Administrator earned fees are paid for by the unsecured creditors as it is deducted from the amount they would otherwise receive.

Therefore, how much does a consumer proposal cost the insolvent debtor? The cost to the debtor for the Administrator’s services is FREE!
how much does a consumer proposal cost

How much does a consumer proposal cost: Get a personalized debt free plan today

I hope you enjoyed this how much does a consumer proposal cost Brandon Blog post. Are you worried because you or your business are dealing with substantial debt challenges 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 while avoiding bankruptcy. We can get you the relief you need and so deserve.

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. We help many people and companies stay clear of 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, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus 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.

how much does a consumer proposal cost

Tags bankruptcy statute, Consumer Proposal, consumer proposal filing, consumer proposal payments, crushing debt, debt professional, debt relief options, debt settlement, Get a personalized debt free plan, getting rid of debt, how much does a consumer proposal cost, licensed insolvency trustee, monthly income, negotiated debt settlement, only pay a trustee for consumer proposal services, personal bankruptcy, settlement of debts, the cost of a consumer proposal in ontario, trustee in bankruptcy

Brandon Blog Post

DEBT COLLECTIONS NEWS: EXPECT MENACING DEBT COLLECTIONS ACTIVITY TO PICK UP AS THE ECONOMY REOPENS

Post author By Brandon Smith
Post date March 8, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus 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 debt collections Brandon Blog, please scroll to the very bottom and click play on the podcast.

Expect debt collections activity to pick up as economy reopens: experts

On March 2, 2021, The Canadian Press published an article by Salmaan Farooqui titled Expect debt collections activity to pick up as economy reopens: experts. The crux of the article is that credit specialists state Canadian consumers who owe money must prepare for debt collection agencies to increase their activities as the Canadian economy reopens.

During 2020, lenders and by extension, their collections agencies, had eased up on debt collections from Canadian households and companies. The reason for this drop in demands being made on outstanding debt was the COVID-19 pandemic. Lenders knew that all Canadians were hurting and there were even some loan deferral programs put into place.

But these credit experts are now seeing signs of debt collections picking up. Statistics Canada reported that the Canadian economy started to bounce back in January 2021. No doubt this pickup in the economic activity is making creditors consider if now is a good time to start taking action to try to collect on credit card and other delinquent debt.

As the article indicates, there is a fair bit of pent-up demand now for collection agency services. So if you are one of those expecting calls from debt collection agencies, here are some tips that they do not want you to know.

Debt collections: What is a debt collection agency?

The best answer is found in the question itself: A debt collection agency is an organization that collects debts. Now, ask yourself the follow-up question: What is a debt? It’s money that you owe to another person, company or organization.

In essence, debt collection agencies are hired by businesses and individuals to collect money that is owed to them. The agencies work for the creditors and not for consumers.

In Ontario, collections agencies or debt collectors are people or companies who:

obtains or arranges for settlement of debts owing to a person or company;
sells forms or letters claiming to be a debt collections system;
offers debt settlement services; or
buys up from lenders different types of debt that are in arrears and tries to collect on the debts.

Ontario debt collectors need to pass the eligibility requirements to register and operate a collection agency.

Debt collections: What debt collectors do

When a person or company is unable to pay what is owed, they are said to be in debt. When a creditor cannot collect the debt, the creditor may contact a debt collection agency for assistance.

A debt collector contacts the individual or business that owes the money and attempts to collect debts owed to the debt collector’s client. Debt collectors earn a commission of around 25% of the money collected. They are not allowed to harass or threaten people to get money.

In Canada, the law on debt collections and debt collectors is set by the individual provincial governments. In Ontario, the Collection and Debt Settlement Services Act, R.S.O. 1990, c. C.14 sets out all the requirements that collections agencies and each collection agent must abide by.

How Reputable Collectors Operate

We have all heard horror stories about collectors. Reputable collectors use their reputations to help recover funds. For example, if you are a lawyer specializing in debt collections, you use your reputation to persuade clients that you will recover the funds owed to them. If you are a supplier, you can use your reputation to persuade a debtor to pay. If you can prove your reputation, you have a better chance of collecting the monies owed to you.

Let’s say you’re a collector, and you’ve been retained to collect on a debt. The debtor has previously agreed to repay the debt but has not yet done so. What do you do next? Reputable debt collectors will first send a demand letter that also acts as a debt validation letter.

In the letter, they confirm the debt and give a certain period of time for the debtor to pay. If the debtor does not then contact the collector to try to enter into a debt settlement plan, then the collector starts calling the debtor to collect on the debt. But there’s a chance that these activities will not be enough to get the debtor to pay. In fact, the debtor might even become hostile. In that case, a lawsuit may be their next step.

What to Expect When You Have Debt in Collections

Canadian debt collectors are regulated by the province they operate in. They keep creditors from giving up on their credit delinquencies. In most cases, debt that gets to the debt collections stage is in the hands of a debt collector within a few months of the date the debt went into default. Debt collectors have the power to negotiate settlements for delinquent debt. Their success rate in collecting on debt is better than that of a creditor. The debt collector will make one or more attempts to collect on the debt, usually first by mail and then by phone.

If you have received a letter from a debt collector, or you are being sued for any outstanding debts, you are at a turning point in your financial life. You may have already begun to feel overwhelmed and don’t know where to turn. If you have been sued, the court may have already ordered you to pay. This can feel overwhelming, but there are options for you to consider.

With a debt in default, credit scores suffer. Debt collectors will report any unpaid debt to the credit bureaus, regardless of whether or not the debt is legitimate. It will negatively affect your credit score.

This is because the credit bureaus consider unpaid debt collections to be a negative financial obligation or credit risk. If you have a debt in default, you are probably worried about your credit score.

Debt collections: What Can a Collection Agency Do To Me in Canada?

A collection agency can demand payment for an outstanding debt. When the debt is handed over to a collection agency to try to recover the debt, that places a bad mark on your credit report. With you being in debt collections, you will have to pay some money if you want to settle the debt. The payment will depend on the situation, and there is a lot to consider when making a decision.

For example, you will need to consider how much money you owe and how much the collection agency will require you to pay. When you have outstanding debt, it is important that you make sure you either pay it in full if you can afford to, work out a payment plan to pay the full amount over time or, see if you can settle with the collection agency for a reduced amount you can afford to pay immediately. This will avoid the potential for the collection agency to turn the account over to a lawyer and take legal action against you.

Debt Collections: Can a Collection Agency Charge Interest in Canada?

The rate of interest that some debt collection agencies charge their customers is quite high. The reason is that the type of debt they are collecting, such as credit card debt, originally charged a high rate of interest on late or defaulted payments, or on the outstanding balance if you only made minimum payments.

A lot of Canadians do not know that a debt collection agency in Canada can charge interest on the outstanding financial obligation. A collection agency may be able to charge interest on the debts they are collecting. Nevertheless, this can be no greater than what was originally described in the agreement between the lender and customer.

So, while they can bill you interest just like a lender can, they cannot control how much the interest is and cannot tack on any extra charges, such as for their collection service.

Debt Collections: What Should You Do If You Are Being Pestered By a Collection Agency?

So, what should you do if they won’t leave you alone? Well, the most effective answer is to, certainly, answer them and agree to pay your financial obligations. This can be done by paying completely, setting up a payment plan, or reaching an agreement to pay a lesser amount immediately.

Each option will have its pros and cons, and its success relies upon your financial scenario as well as preferences. Typically speaking, it is best to pay the financial debt completely. However, I recognize that can be challenging, specifically if the amount of debt you owe is quite considerable. Any way that you are able to get this debt off of your credit report as well as off of your back is a good thing. Any one of the techniques I mentioned is much better than just allowing the financial debt to age and worsen.

The debt collection agencies will be calling

Information from Equifax Canada reveals that just 24 percent of debt-ridden Canadians who accessed deferral programs beginning in 2020 were able to utilize the breathing space to improve their credit situation.

So what we discussed so far is:

The Canadian economy seems to be starting its recovery and should show economic growth in 2021. For sure there are still people feeling pain in different sectors of the economy and we are not finished with the shutdown conditions in Toronto and elsewhere in Ontario.
How the debt collections business works in Ontario.
There are many Canadians who are debt-ridden.
If everyone in Canada pulled their credit report only 24% of the reports would show an improvement since the COVID-19 pandemic began.
The news according to the experts is that there will be growth in the debt collections industry. These businesses are going to return to make their phone calls to consumers trying to collect on old unpaid debts. They may even start legal action against some borrowers.

So what is next as the economy and consumer confidence pick up is that debt collections activities will pick up again too. What can the remaining 76% of Canadians who could not improve their situation since the COVID-19 virus hit do when the bill collectors call? There are various options for them, and the 24% that wish to still make improvements to their credit reports and credit scores. Here are some suggestions.

6 fantastic reasons to create and follow a household budget to track your household spending

As you know, I have written many blogs on the benefits of preparing, monitoring and following a budget for your household spending. The advantages of doing so include:

Here are 6 fantastic reasons you should have a household budget plan:

A spending plan offers you control over your cash: A budget plan is a list of all sources of your monthly income and all your expenses that you need to make those monthly payments on. It enables you to plan how you will use your cash. As opposed to money just flying out of your wallet, you make willful decisions on where you desire your cash to go. You’ll never have to wonder at the end of the month where your cash went.
A family budget keeps you concentrated on your financial objectives: Budgeting will permit you to fulfill your economic objectives – paying down debt should be the primary objective so that you don’t get nasty calls from the debt collectors. Then you can allocate savings for other purposes such as an emergency fund, a vacation, money for a retirement savings plan and purchasing a home. With a budget, you’ll recognize specifically what you can afford and you can choose where your cash is spent. For example, if your immediate objective is to save for that down payment on a condo or house, then you might need to abandon that vacation you intended to take. Your budget plan will inform you precisely what you can or can’t afford.
A household budget will make certain that you don’t spend what you don’t have: Credit cards provide such ease of use but that is also what makes them really easy to up your spending since it does not feel like there is any real money traded in the deal. Canadians can rack up serious charge card bills and land up deep in the red before they realize what’s happened. When you create and adhere to your budget plan you have to count every little amount you spend, even if it’s a credit card purchase. You will not wake up deep in the red, wondering just how you arrived at that place.
A spending plan will prepare you for the unanticipated: Every budget plan should have a rainy day fund for those unforeseen expenses. It’s suggested that you must budget for 3 months worth of costs for when there may be an unexpected layoff or various other unplanned major expenditures. Do not be alarmed; you don’t have to create that 3-month cash fund immediately. Grow your fund up gradually. If you haven’t started one yet, then even a small amount each month set aside is an improvement.
A family budget minimizes stress: Many Canadians panic on a monthly basis about where the money will come from to pay their expenses. A budget will offer you peace of mind. It shows you just how much you earn and also what your expenses are. If need be you can decrease unneeded expenses or try to get added work to live within a balanced budget plan. Say goodbye to panic at the end of the month.
A budget plan can help you get the retired life you’ve been dreaming of: Saving for your retirement is very crucial and your spending plan can help you save for your future. Set aside part of your revenue on a monthly basis for retirement savings. Begin early and also constantly stay with it. The money you save now will certainly determine the kind of retired life you can anticipate.

When budgeting alone is not enough and you need some debt settlement

In many previous Brandon Blogs, I have described the important role of the community-based non-profit credit counselling organization. I am not talking about for-profit debt counselling services that have inviting advertising and jingles. Those kinds of organizations you must stay away from. In fact, one is defending a class-action lawsuit in British Columbia. If the class-action lawsuit is successful, it and companies just like it will be put out of business.

These companies suck fees out of the debtor until they cannot pay anymore. Then they walk you down to their favourite licensed insolvency trustee to file a consumer proposal. Consumer proposals are the only federal government-approved debt settlement plan. Only a licensed insolvency trustee can administer consumer proposals.

You could have saved the fees that you really couldn’t afford to pay in the first place, just by going for a no-cost consultation first with the licensed insolvency trustee.

What I am talking about is the true non-profit debt counselling agency. They do not charge you fees. They can review your budget to make sure that it is realistic and give you additional help. They can also try to strike a deal with your creditors for you to either pay the full balance out over time without additional interest or penalties or, a reduced payout now.

Can you raise money on a payment plan that you can afford the monthly payments?

Should you consolidate your unsecured debts? Consolidation is the combining of unsecured debts into one low monthly payment with one creditor. These loans typically carry a lower interest rate than the original credit cards or other unsecured debts. You have to make sure that the terms of the consolidation loan are as good as or better than their current credit card terms.

When it comes to getting a consolidation loan, there are a few things you should know. First, a consolidation loan is a loan that you take out to pay off multiple other loans. Second, you may already have a consolidation loan if you have a home equity loan or a home equity line of credit. If you have an unsecured loan, you can consolidate it into a secured loan, where the creditor can take your home if you don’t pay back the loan.

Turning an unsecured loan into a secured loan is not something you should do if you are already contemplating filing a consumer proposal or an assignment in bankruptcy. However, working with your financial advisor, accountant or non-profit credit counselling services agency, you may find that the risk is worth it. That would be because your budget shows that you can afford the lower monthly payment repayment plan if you get the debt consolidation loan. It is also good if it actually helps you avoid an insolvency filing.

Aggressive debt collections techniques may force some into an insolvency filing

This would be the last step if any of the above options do not work for some of the 76% of Canadians with high debt levels who have not been able to improve their debt situation since the onset of COVID-19 cases. The purpose of this Brandon Blog is not to go into detail on the consumer proposal or bankruptcy processes. I have written many detailed blogs before on each of these insolvency processes. You can find them by using the search function at the top of this blog.

These two would be a great place for you to start:

Debt collections summary

Everyone is hoping that the negative effects of the coronavirus pandemic will soon be in our rearview mirror and Canada will experience continued growth. The article referred to at the beginning of this blog says that the experts feel that soon credit collectors will be increasingly active. You will start receiving those harassing phone calls again. They will be taking action from debt against you, which could even include legal action against you.

If you are concerned because you or your business are dealing with substantial debt challenges 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 while avoiding bankruptcy. We can get you the relief you need and so deserve.

We understand that people and businesses facing financial issues need a realistic lifeline. There is no “one solution fits all” method with theIra Smith Team. Not everyone has to file bankruptcy in Canada. The majority of our clients never do. We help many people and companies stay clear of 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, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus 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.

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Brandon Blog Post

FILE FOR BANKRUPTCY: CAN YOU FILE FOR BANKRUPTCY CANADA FROM THE LUXURIOUS CARIBBEAN?

Post author By Brandon Smith
Post date February 22, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus 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 bottom and click play on the podcast.

File for bankruptcy introduction

You have all probably read about or heard about the Ontario judge who presided over Toronto-area court cases from the Caribbean. With today’s technology, it is electronically possible to attend Zoom court from anywhere in the world. That got me thinking. Can a Canadian file for bankruptcy from the Caribbean or anywhere else in the world?

So I did the research. In my opinion, using what is right now permissible technology, I think it is possible for a licensed insolvency trustee to either accept a Canadian filing bankruptcy or make it happen from the luxurious Caribbean or anywhere else outside of Canada. In this Brandon Blog, I will explain the bankruptcy process and why I think a person or company can file for bankruptcy from outside Canada.

You owe money: Considering bankruptcy?

To file for bankruptcy is a difficult decision to make, especially considering the financial and personal consequences it has on you and your family. But sometimes, there is no other option. If you find yourself unable to pay your debts, filing for bankruptcy may be your best bet for a fresh financial start. But before you decide to file for bankruptcy, you must assess your situation and understand the consequences.

It’s easy to be overwhelmed when you’re facing the prospect of filing for bankruptcy. Bankruptcy is a complicated legal proceeding, and the law has established procedures that must be followed in a specific order. If you’re considering bankruptcy, it’s important that you understand how the process works and the critical role a licensed insolvency trustee (formerly called either a trustee in bankruptcy or a bankruptcy trustee (Trustee) plays in that process.

As a Trustee, I can tell you that bankruptcy is a serious undertaking. It can have a big impact on you financially and emotionally, and there are many important decisions you must make before, during, and after the process. The decisions you make now will have a big impact on your future. As a Trustee, I always first try to help people and companies look at the alternatives to bankruptcy in order to avoid bankruptcy, rather than file for bankruptcy. Personal bankruptcy or business bankruptcies are truly a last resort when there is no other choice.

How to file for bankruptcy Canada: Let the licensed insolvency trustee no-cost consultation happen first

You may be considering filing for bankruptcy in Canada because you have debts that you can no longer pay. If you are drowning in debt, you might feel like there is no way out. But bankruptcy isn’t the end of the world. In fact, it can help many people get a fresh start by eliminating debts they can no longer pay. But as I always say, an individual or company may not need to file for bankruptcy. You have to consider all of your options. But in this section, we will focus on the bankruptcy filing process.

It all starts with you going to see a Trustee for a free, no-obligation initial consultation. The Trustee will listen to the facts you describe and ask you some questions to gain a better and deeper understanding of your specific situation. The Trustee will then tell you about the various debt relief options he or she believes are available to you. The Trustee will then provide you with his or her recommendation as to what is best for your situation and why.

Many factors will play into the Trustee’s recommendations, especially around your debt issues, including:

The types of debts.
Your unsecured debt vs. secured debts.
Do you have any student debt and if so, when did you graduate from the program that you acquired the student loan debt for?
The total amount of your Canadian debts and any foreign debt you may have.
Is Canada Revenue Agency hounding you for tax debt?
How appropriate are all the various debt options for your situation?
What percentage of debts are related to your assets that you cannot afford to lose.
What is the nature and extent of all of your assets?
Which assets are exempt from seizure and which are non-exempt?
Do you have any joint (co-signed) debt and how will your insolvency filing affect the other person?
Is the pressure from debt you are feeling right now require an immediate filing or could you wait a bit to see how some things play out over the short-term future?
Do you need immediate protection from debt and the related creditors or debt collectors taking collection actions right now such as trying to enforce against your assets, sue you or garnish your wages under a judgement?
How is your burden of debt currently affecting you and your family?
Comparing your current debt situation pre-filing to what your debt after filing and after your discharge will look like under each of the available alternatives.
How does the Trustee’s debt assessment factor into the realistic alternatives available to you to avoid bankruptcy?
Does your debt level at this stage that of overwhelming debts or are you right now only feeling mild indigestion? Perhaps you could work out of your debt problems on your own with just one or two strategies the Trustee will share with you at the no-cost consultation stage.

The Trustee considers all of this to see if you have an unmanageable debt to determine the best options available to you, including having you file for bankruptcy. You don’t want to do a consumer bankruptcy filing for yourself or have your company filing bankruptcy if it is not necessary to fix the debt problems.

How to file for bankruptcy – How the bankruptcy process starts

Alright, now for getting to answering the question I posed in the title and at the beginning of this Brandon Blog. Can a Canadian file for bankruptcy from the luxurious Caribbean? Can Canadian bankruptcy filings start from outside of Canada? To answer this question, we must look at what are the requirements of both the debtor, be it a person or company, and the Trustee, for a bankruptcy file to begin? All of my comments below, with appropriate amendments for context, will apply to:

an individual filing a debt settlement consumer proposal;
a person filing for personal bankruptcy;
either a person or a company filing a debt settlement financial restructuring proposal under Part III Division I of the Bankruptcy and Insolvency Act (Canada) (BIA); or
a company filing an assignment in bankruptcy.

Before the COVID-19 pandemic, the debtor and Trustee met in-person at the Trustee’s office in order for the Trustee to assess the debtor’s financial situation. If an insolvency process was required to help fix the debtor’s financial problems, then there was also an in-person meeting at the Trustee’s office to sign up the filing documents. Since the pandemic began, the Office of the Superintendent of Bankruptcy Canada (OSB) Messages to LITs concerning COVID-19 gave Trustees the authority to hold meetings by video conference. This is how the whole world has been operating for almost 1 year now. So this is how the insolvency process begins.

In addition to the initial consultation and signup. other meetings are also held via video meetings. Examples are a Meeting of Creditors and the two credit counselling sessions. Although the OSB’s guidance does say that Trustees can use methods other than in-person…..” for those areas where they have an approved resident or non-resident office…” keep in mind that a Trustee is licensed to act within an entire province! I won’t get into the semantics of the apparent conflict between the OSB’s guidance and its licensing approval process in this Brandon Blog.

Who can file for bankruptcy?

Any insolvent person can file for bankruptcy. Section 2 of the BIA defines an insolvent person as:

“insolvent person means a person who is not bankrupt and who resides, carries on business or has property in Canada, whose liabilities to creditors provable as claims under this Act amount to one thousand dollars, and

(a) who is for any reason unable to meet his obligations as they generally become due,
(b) who has ceased paying his current obligations in the ordinary course of business as they generally become due, or
(c) the aggregate of whose property is not, at a fair valuation, sufficient, or, if disposed of at a fairly conducted sale under legal process, would not be sufficient to enable payment of all his obligations, due and accruing due;”
So to file for bankruptcy, amongst other requirements, the person or company must reside, carry on business or have property in Canada.

The locality of the debtor

Once all the documents are signed up to file for bankruptcy, the Trustee has to file them with the OSB in the “locality of the debtor“. Section 2 of the BIA defines “locality of the debtor” as:

“locality of a debtor means the principal place

(a) where the debtor has carried on business during the year immediately preceding the date of the initial bankruptcy event,

(b) where the debtor has resided during the year immediately preceding the date of the initial bankruptcy event, or

(c) in cases not coming within paragraph (a) or (b), where the greater portion of the property of the debtor is situated;”

If the debtor has been living in the Caribbean for 4 months immediately preceding the date of the filing of the assignment in bankruptcy, do they qualify? The answer is yes. Court decisions have determined that the word “during” means “at some time” during the year preceding the date of bankruptcy. It does not mean continuously. So during these pandemic days where we meet with everyone online, it is possible for the Canadian person to be in the Caribbean, meet with the Trustee for the initial consultation, decide on an insolvency process, in this case, bankruptcy and then initiate the bankruptcy proceedings, all from the luxury of a Caribbean vacation spot.

Let’s not delve into how a debtor who needs to file for bankruptcy can afford to live in the Caribbean or whose villa it is. That is beyond the scope of this Brandon Blog.

What about the Trustee?

The same way the debtor, or a judge, can transact business by video meeting from outside Canada, the same is true for the Trustee. As long as the Trustee can access all his or her office documents and systems online from outside of the office, there is no reason why the Trustee could not operate from the Caribbean as well to handle the person or company that wants to file for bankruptcy.

I am not advocating for this position, especially when you consider both the danger of and the appropriateness of travelling during these times of hardship and sacrifice. But since the question was “Can a Canadian file for bankruptcy from the Caribbean or anywhere else in the world?”, the answer is YES.

So whether you are a judge in the Ontario court, an insolvent debtor or a Trustee, I do not see any legal reason why someone could not file for bankruptcy from the Caribbean or anywhere else in the world.

File for bankruptcy summary

I hope you enjoyed the file for bankruptcy Brandon Blog post. If you are concerned because you or your business are dealing with substantial debt challenges 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 while avoiding bankruptcy. We can get you the relief you need and so deserve.

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, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus 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.

Tags avoid bankruptcy, Bankruptcy, Bankruptcy and Insolvency Act, Consumer Proposal, debt assessment, debt collectors, debts, file for bankruptcy, filing bankruptcy, insolvency, insolvent person, Ira Smith Trustee, licensed insolvency trustee, locality of the debtor, Office of the Superintendent of Bankruptcy Canada, student debt, Toronto-area court cases, unsecured debt

Brandon Blog Post

6 DISADVANTAGES OF CONSUMER PROPOSAL ARE NOT ENOUGH TO STOP A HEALTHY RETURN TO ENJOYING LIFE

Post author By Brandon Smith
Post date February 3, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus 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.

Disadvantages of consumer proposal: What is a consumer proposal?

As regular readers of Brandon Blog know, I have written many blogs about consumer proposals. I normally focus on the advantages of a consumer proposal. As I have never written about the disadvantages of consumer proposal, I thought I would do so now. There are many more advantages than there are disadvantages; however, there are a couple of points you should know. Some people may see them as drawbacks or disappointments. It depends on your unique situation.

Consumer proposals can be called an individual’s insolvency debt settlement agreement in Canada. It is a proposal to your unsecured creditors to pay off a portion of your frustrating unsecured debts over a set period of time. If you successfully complete the consumer proposal by making all the needed payments, the total amount of your unsecured financial obligations are forgiven at the end of the settlement period. Consumer proposals are created to get the debt freedom to consumers who cannot afford to pay off their total debt. It is a legally binding contract between the debtor and the unsecured creditors to eliminate debt carried out under the Bankruptcy and also Insolvency Act (Canada).

So consumer proposals are the best alternative to bankruptcy. To find out about all the advantages of consumer proposals, I recommend my recent blog post, CONSUMER PROPOSAL FAQ: ANSWERS TO 10 TANTALIZING CONSUMER PROPOSAL QUESTIONS.

Disadvantages of consumer proposal: When is a consumer proposal appropriate?

Consumer proposals are appropriate for individuals that:

Have a secure income flow, such as from full-time employment.
Are insolvent.
Are serious about getting rid of all of their unsecured financial obligations by paying only a portion of the total owed.
Wish to stay clear of bankruptcy.

To discover if a consumer proposal is an appropriate selection for you, set up a no-cost conference with a licensed insolvency trustee (formerly called a bankruptcy trustee or a trustee in bankruptcy) (LIT or Trustee) to discuss your personal scenario. The LIT will examine your monetary situation and see if you have the economic capacity to efficiently complete a consumer proposal. The Trustee will certainly describe the pros and cons of the various options that might assist you to resolve your financial troubles.

If you choose to submit a consumer proposal, the LIT will work with you to develop a proposal that benefits both you as well as your unsecured creditors. If you file a customer proposal, you have to:

give the LIT a complete list of your assets and liabilities;
attend the first meeting of creditors, if one is requested by your creditors;
participate in 2 counselling sessions;
keep the LIT updated of any change of address; and
help the LIT in administering the proposal.

Disadvantages of consumer proposal: When is a meeting of creditors held?

The first disadvantage to talk about is when is a meeting of creditors held? The only time a meeting of creditors is called in consumer proposals is if creditors representing 25% or more of the proven claims filed request it. This would mean that at that point, you do not have a great relationship with creditors. They do not like the original consumer proposal you have submitted for their consideration.

A request for a meeting must be made by the creditors within 45 days of the filing of the proposal. The Office of the Superintendent of Bankruptcy Canada (OSB) can also direct the LIT to call a meeting of creditors at any time within that same period.

The meeting of creditors must be held within 21 days after being called. At the meeting, the creditors vote to either accept or refuse the proposal, or any amended proposal tabled at the meeting.

If no meeting of creditors is requested within 45 days of the filing of the proposal, the proposal will be deemed to have been accepted by the creditors regardless of any objections received.

Disadvantages of consumer proposal: How will a consumer proposal affect my credit rating?

The disadvantages of consumer proposal include the fact that it will have a negative impact on your credit rating. Generally, a person who declares bankruptcy is assigned the lowest possible credit score. Normally, with proposals, you are assigned a rating of R7. With bankruptcies, it is a worse rating of R9, the lowest possible. With proposals, The record of your consumer proposal will show up on your credit report. It will certainly be there for possibly 3 years after you have actually fully finished making all the payments. This is less than how long it will stay on your credit report because of bankruptcy.

Your ability to obtain and make use of credit after a consumer proposal relies on encouraging lenders of your personal financial maturity as well as the capability to repay the credit you are requesting. There are no guarantees and nobody is required to extend credit to you.

Once you have fulfilled the terms of your consumer proposal, you will receive a “certificate of full performance.” To make sure your credit record is updated, send a copy of that document to the major credit-reporting agencies, TransUnion Canada and Equifax Canada. Be sure to keep all of your proposal-related documents for reference by future lenders.

Disadvantages of consumer proposal: Why are consumer proposals rejected?

Adding to the disadvantages of consumer proposal is the possibility that the creditors will decline it. Consumer proposals are commonly the last option for creditors, other than for consumer bankruptcy. In most cases, creditors accept a well thought out debt settlement plan since they wish to recuperate some of the funds that would otherwise be lost forever. Consequently, LITs who prepare well-drafted and properly explained consumer proposals get them approved by creditors.

Nevertheless, creditors can reserve their right to reject them. When consumer proposals are rejected, it’s commonly a result of the belief of the creditor that the proposal is in reality, not a better realization than in a bankruptcy process. Conversely, creditors see that they may need to wait as much as 5 years to receive what they deem a paltry reward. They prefer to finish the pain now and get nothing in the individual’s bankruptcy than have to carry holding and administering the account for 5 years to get next to nothing, notwithstanding it is a better outcome than the borrower’s filing for bankruptcy.

Disadvantages of consumer proposal: What happens if you miss a consumer proposal payment?

As long as you are following the agreed terms of your proposal, your creditors cannot take any further action against you. If you fail to meet the agreed terms of your proposal and/or miss three months of payments, the proposal will be deemed annulled. If this happens, you are barred from filing another consumer proposal.

However, there is a temporary COVID-19 special accommodation now allowed for by the OSB. A Trustee can explain what the special rules are.

So, subject to certain temporary COVID-19 accommodation, one of the disadvantages of consumer proposal is that if you default by missing 3 months of payments, your proposal is deemed annulled. The only thing left would be a bankruptcy filing.

How long does it take to rebuild credit after a consumer proposal?

Another one of the disadvantages of consumer proposal is that you will need to rebuild your credit. Although it is difficult and takes time, it is not impossible. To begin rebuilding your credit after a consumer proposal, work with your Trustee to make sure that everything you do is reported to the credit bureaus. The more positive reports that you have on file with TransUnion and Equifax, the better your credit score will be.

I always advise clients that the first thing they should do is get a secured credit card. Not the kind you buy at the drug store. Rather, it is a credit card from one of the banks. You put up a sum of money that the bank will keep as a security deposit, They then issue you a credit card with a limit equal to the deposit you put up. Each month, when you pay the credit card off in full on time, the bank reports this to the credit bureaus. Every month they report favourably is another month that you are working on improving your credit score.

The next thing you can do is take out a small loan to invest the funds in an RRSP. Use your tax refund or the extra tax you did not have to pay, to pay down the loan. Make sure that you pay off the balance of the loan within 1 year. Make your monthly payments on time. Again, your proper use of this credit will be reported to the credit bureaus and will work in your favour.

It will take a few years, and initially you may pay a higher rate of interest than if you didn’t need to file a consumer proposal. After a few years of using credit properly, you will find that your credit is now rebuilt.

***Disadvantages of consumer proposal*: Are consumer proposals bad?**

In my view, the disadvantages of a consumer proposal are not enough to ever stop anyone from entering into the only government-approved debt settlement plan. To summarize, I see the disadvantages as:

The possibility that it may take a lot longer and be more expensive than you hoped for to reach a deal with your creditors if 25% or more of the dollar value of the proven claims vote against your initial offer.
Negative impact on your credit rating.
Rejection by your creditors and no agreement on an amended proposal forcing you into bankruptcy.
You miss 3 payments causing you to default on your consumer proposal. Again, if this happens, your only real option is to file for personal bankruptcy, which is what you tried to avoid.
It will take you time to rebuild your credit.
It only allows you to wipe away your unsecured debt. If you have secured debt that you cannot afford to continue paying, your LIT will counsel you on the best way to deal with that secured debt BEFORE you file.

Disadvantages of consumer proposal summary

I hope you enjoyed the disadvantages of consumer proposal Brandon Blog post. If you are concerned because you or your business are dealing with substantial debt challenges 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 while avoiding bankruptcy. We can get you the relief you need and so deserve.

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, Contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus 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.

Tags are consumer proposals bad, avoiding bankruptcy, Bankruptcy, Consumer Proposal, consumer proposals, disadvantages of consumer proposal, filing for bankruptcy, how long does it take to rebuild credit after a consumer proposal, how will a consumer proposal affect my credit rating, Ira Smith Trustee, licensed insolvency trustee, meeting of creditors, what happens if you miss a consumer proposal payment, what is a consumer proposal, when is a consumer proposal appropriate, when is a meeting of creditors held?, why are consumer proposals rejected

Brandon Blog Post

CONSUMER PROPOSAL FAQ: ANSWERS TO 10 TANTALIZING CONSUMER PROPOSAL QUESTIONS

Post author By Brandon Smith
Post date January 27, 2021

consumer proposal faq

We hope that you and your family are safe, healthy and secure during this coronavirus 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.

consumer proposal faq

Consumer proposal faq introduction

If you’re struggling with financial obligations, you’ve probably thought about declaring bankruptcy. You may have listened to advertisements or people saying that a consumer proposal or bankruptcy is basically the exact same, however, there are some essential distinctions. That confusion has actually led me to create this consumer proposal faq.

Under a consumer proposal, you bargain a repayment strategy with your creditors (individuals you owe money to), yet you don’t lose your assets. Depending on exactly how rapidly you can pay it off, you can be discharged a whole lot quicker from a consumer proposal than from a bankruptcy. While bankruptcy will certainly remain on your credit record for 7 years after discharge, a consumer proposal can be gotten rid of in about half that time.

In this Brandon Blog, I answer the most usual questions concerning consumer proposals which is why I call this blog the consumer proposal faq blog.

Consumer proposal faq: What are the common benefits of filing a consumer proposal?

Filing a consumer proposal in Canada is a great way to help manage your overloaded financial situation. A consumer proposal is a legal alternative to bankruptcy that helps you work out a payment plan for your creditors. It allows you to pay back a portion of your debt, eliminate the rest of your debts while keeping the remainder of your possessions and giving you a fresh start.

consumer proposal faq

Consumer proposal faq: What does a consumer proposal cost?

A consumer proposal is an official arrangement to pay off your financial debts over a specific time period. While there are different kinds of consumer proposals, the basic idea remains the same. Consult with a licensed insolvency trustee (previously called a bankruptcy trustee) (Trustee) who will certainly analyze your scenario and figure out whether a consumer proposal is a good fit for your situation.

The Trustee will also prepare a consumer proposal that takes into account the settlement plan for the creditors that you can afford to make the monthly payments on. The estimation of the minimum amount to offer your creditors is determined by the Canadian bankruptcy law laid out in the Bankruptcy and Insolvency Act (Canada) (BIA). The BIA states that your creditors must be offered something better than they would get in your bankruptcy.

To do that computation, the Trustee will identify if, in a bankruptcy, you would have to make any kind of surplus income payments. The Trustee would additionally find out the value of any of your assets that would be non-exempt and would have to be turned over in bankruptcy to the Trustee.

Once the Trustee has actually made those determinations, the Trustee can then tell you the minimum dollar value you need to offer your creditors. When you and the Trustee agree on the regular monthly payments and the length of time you require to make them (no greater than 60 months), the Trustee can prepare your consumer proposal and related filing documents.

The Trustee’s fee is regulated by the BIA. That guideline of the statute entitles the Trustee to what is called the tariff. That tariff is paid from the amount you pay to the Trustee as Proposal Administrator. The Trustee is able to deduct the tariff fee from the total payments you made. Because the amount you pay is calculated without any connection to the Trustee fee, that implies the services of the Trustee are free!

Consumer proposal faq: What debts can be included in a consumer proposal?

If you need to submit a consumer proposal, you can include the majority of your debt, however, there are exceptions. For example, secured debt, such as mortgages and auto loans, cannot be included. Financial debts that are the outcome of fraud and unpaid court fines or traffic fines, can additionally be excluded. The reason for this is since such debts are not discharged by a discharge from bankruptcy.

So it is most likely that the creditors that are owed cash from such types of financial debt would possibly vote against your consumer proposal. My assumption is that a judgement against someone for fraud will be huge enough that their vote will swamp the various other votes. However, that does not suggest you should not try.

Overdue income tax owing to Canada Revenue Agency (CRA) is a debt that can likewise be included in your consumer proposal. For that reason, tax debt forgiveness can be completed via a successful consumer proposal.

consumer proposal faq

Consumer proposal faq: What happens when you file a consumer proposal?

As already mentioned, the Trustee prepares a consumer proposal that lays out the terms of the repayment plan showing the creditors what will be paid. The calculation of the minimum to offer your creditors is determined by the Canadian bankruptcy law laid out in the BIA. The BIA states that your creditors should be supplied something better than they would if you entered bankruptcy.

To do that calculation, the Trustee will identify if, in a bankruptcy, you would have to make any kind of surplus income payments. The Trustee would likewise figure out the liquidation value of any of your non-exempt assets. The Trustee will take the total amount of the called for bankruptcy payments and add it to the approximated liquidation value of your non-exempt assets, to come up with that minimum amount you must offer.

As soon as the Trustee has actually made that assessment, the Trustee can then tell you the minimum amount you are required to offer your creditors. Once you and the Trustee settle on the monthly payments and the time you need to make them (no more than 60 months), the Trustee can prepare your consumer proposal and associated filing documents.

Consumer proposal faq: What happens if creditors reject consumer proposal?

This is where the Trustee truly earns his or her money. If it appears that your creditors are going to vote down your consumer proposal, the Trustee will advise that you amend your consumer proposal. The reason for modifying it is to look for an amount that both satisfies your creditors and that your budget permits you to be able to manage.

So, there are 2 most likely outcomes: either you’ll come up with a brand-new debt settlement plan that pleases them, or the proposal will entirely go down. The latter result suggests you’ll probably be filing bankruptcy.

Consumer proposal faq: What percentage do you pay in a consumer proposal?

The amount you pay in a consumer proposal depends on your financial obligation level, income as well as expenses, and which province you reside in. The plan can be either one where you make one lump sum payment (if there is someone ready to set up that cash for you) or a regular stream of monthly payments that will be made to the Trustee as the Proposal Administrator.

The overall amount is your proposal fund where all your creditors will be paid their pro-rata share. The most essential point to bear in mind is that once your consumer proposal is approved by your creditors, and you have made all the payments, you will receive your Certificate of Full Performance.

This means you’ll not have to pay anything more to your unsecured creditors.

Bear in mind, you are paying a fraction of your total financial debts in order to remove all of your unsecured debt. I find that in general, an individual who ends up offering around 25% of their total unsecured financial debts can have an approved and effective consumer proposal.

Consumer proposal faq: Can you keep a credit card with a consumer proposal?

You are allowed to maintain a credit card with a consumer proposal. The actual question is, will it work? Let me discuss.

A consumer proposal is actually a debt settlement plan: the financial institution, lending institution and your other creditors agree to forgive a specific amount of your debt and you consent to pay back a specific percentage of the debt. If you owe money to a credit card issuer that is caught in your consumer proposal, it is very unlikely that they will continue extending credit to you and allow you to continue using their card.

On the other hand, if you have a bank card that you owe nothing on at the time of filing your consumer proposal, AND you have actually not made any type of unusual payments to them in the 90 days immediately before your consumer proposal filing, you can probably maintain using that credit card under the existing credit agreement.

Worst situation, if all your credit cards are cut off as a result of your filing, you can always get a secured charge card to make use of. In this consumer proposal faq, I don’t explain how to get one. It is easy to find online.

Consumer proposal faq: Does a consumer proposal ruin your credit?

Of all the consumer proposal faq, this is probably the one that bothers people the most. The alternative is bankruptcy. The proposal is a plan with your creditors. The proposal is binding as quickly as it is accepted, but it does not eliminate your financial debt. It reorganizes it. You pay your Trustee as I discussed above. But you pay at a reduced amount than the total you owe.

The record of your consumer proposal will show up on your credit report. It will certainly be there for possibly 3 years after you have actually fully finished making all the payments. It does also adversely affect your credit rating. However, the notation on your credit history and the adverse impact on your credit score is not as damaging as in a bankruptcy.

Having a poor credit score might sound like a negative. But you can’t make your current payments on your debt any longer. If you cannot stay up to date with your debts, a consumer proposal will at first stop repossession or foreclosure and also will completely stop wage garnishment. It will give you a fresh start.

With all those advantages contrasted to a lower credit score, I believe it is well worth it, especially over bankruptcy. When people ask me “What are the pros and cons of a consumer proposal“, this is what I describe to them. After that, the option is theirs, consumer proposal vs bankruptcy.

Is a consumer proposal worth it? I certainly think so.

consumer proposal faq

Consumer proposal faq: Can consumer proposal affect employment?

If you have stable earnings and can make payments under a consumer proposal, bankruptcy will not be required. You cannot lose your job just because you file a consumer proposal. If you do not carry out a full and complete consumer proposal debt management programme, a creditor can try to garnish your wages. How will you feel when your employer gets the wage garnishment notification?

Consumer proposal faq: What are the main differences between a consumer proposal and bankruptcy?

A consumer proposal is a legal option for people that owe no more than $250,000 (other than for any debts registered against your primary residence) in consumer debt. If you owe more than $250,000, you can file a debt settlement plan called a Division I Proposal.

Unlike a consumer proposal, bankruptcy is a choice for individuals that owe any amount. It is necessary to note that bankruptcy is much more difficult and can impact your credit score ranking for virtually 10 years. In a consumer proposal, you do not need to turn over your non-exempt assets to the Trustee. You also do not have to report your monthly income and expenses in a consumer proposal like you do in a bankruptcy.

These are the main differences between a consumer proposal and bankruptcy.

Consumer proposal faq summary

I hope you enjoyed this consumer proposal faq Brandon Blog post. If you are concerned because you or your business are dealing with substantial debt challenges 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 while avoiding bankruptcy. We can get you the relief you need and so deserve.

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, Contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus 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. We would be pleased to answer any other questions you may have about this Consumer Proposal FAQ Brandon’s Blog or any other matter of interest to you.

Tags Bankruptcy, bankruptcy trustee, Can consumer proposal affect employment, Can you keep a credit card with a consumer proposal, Consumer Proposal, consumer proposal faq, consumer proposal in canada, Debt, Does a consumer proposal ruin your credit, financial debts, Ira Smith Trustee, licensed insolvency trustee, What are the common benefits of filing a consumer proposal, What are the main differences between a consumer proposal and bankruptcy, What debts can be included in a consumer proposal, What does a consumer proposal cost, What happens if creditors reject consumer proposal, what happens when you file a consumer proposal, What percentage do you pay in a consumer proposal

Brandon Blog Post

BANKRUPTCY FRAUD: QUICK GUIDE TO BANKRUPTCY FRAUD AND BANKRUPTCY EXAMINATIONS

Post author By Brandon Smith
Post date January 18, 2021

We hope that you and your family are safe, healthy and secure during this coronavirus 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 bankruptcy fraud Brandon Blog, please scroll to the very bottom and click play on the podcast.

Bankruptcy fraud introduction

Bankruptcy fraud is not something that the vast majority of individual Canadians engage in. Personal insolvency case filers can be for either a consumer proposal, Division I proposal or consumer bankruptcy filings under the Bankruptcy and Insolvency Act (Canada) (BIA) so that individuals can get the debt relief they need. Entrepreneurs can file a Division I proposal, or for corporate bankruptcy for when their company needs to either restructure or liquidate under the BIA. They can also file a Plan of Arrangement under the Companies’ Creditors Arrangement Act if their company qualifies under Canada’s insolvency laws.

Most of these individuals are honest and would never even think about bankruptcy fraud. They or their company have actually experienced such substantial financial difficulties leading to their insolvent financial condition, that the only thing they can do to solve the financial problems is to get relief within the Canadian insolvency system. Their problems may result from a job loss, a change in their household situation like divorce, a major disease resulting in loss of income and/or medical bills they cannot pay, bad financial advice, or most recently, the bottom falling out of their lives because of the COVID-19 pandemic.

There are instances, however, where an individual is not a victim and perhaps they are trying to pull off a bankrupt fraud crime. They will use misconduct to create abuse of the system and continue to trade and get credit understanding that they will never be able to pay back the money they are borrowing. There are people who try to use the insolvency system in Canada to get out of problems that they have created themselves through bad faith or fraud. They may even unknowingly cross the line into a white-collar financial crime and bankruptcy fraud.

In this Brandon Blog, I first discuss what bankruptcy fraud is and then comment on a very recent decision of the Supreme Court of British Columbia in Bankruptcy and Insolvency on what level of suspicion is necessary in order for the court to order an examination of the bankrupt or by extension, the designated officer of the bankrupt company.

What is bankruptcy fraud?

When I talk about bankruptcy fraud, it could include criminal fraud under the Criminal Code of Canada, but not necessarily. Bankruptcy fraud is a white-collar criminal activity that can be in several different forms.

The more common fraudulent activity that either is or are indicators of bankruptcy fraud committed under Canadian bankruptcy law (which may be just a bankruptcy offence or can also be a criminal code crime, depending on the circumstances) are:

Disposing of or concealing assets prior to or right after the bankruptcy to avoid having to hand them over to the licensed insolvency trustee (formerly called a bankruptcy trustee or a trustee in bankruptcy).
Records false transactions in a statement of account or hides, destroy or purposely misstates a schedule or other document pertaining to his/her/its assets or affairs.
Obtains credit or any other goods or services arising from false depictions;
Conceals claims or debt obligations against the debtor;
Obtains credit without advising the people he is dealing with that he/she is bankrupt;
Refuses to answer fully and honestly to questions posed in an examination taking place under the Bankruptcy and Insolvency Act (Canada) (BIA).

Anyone who is found guilty of an offence, whether from criminal fraud charges or not and is responsible, on a summary conviction basis, to a dollar fine not exceeding $5,000 or to jail time for a term not going beyond one year or to both, or on conviction on indictment, to a penalty not surpassing $10,000 or to jail time for a term not going beyond three years, or to both. So there are penalties from a bankruptcy offence finding and a bankruptcy fraud conviction.

What are bankruptcy offences and how are they and bankruptcy fraud discovered?

The bankruptcy offences are set out in sections 198-201 of the BIA, Canada’s bankruptcy law. They represent the kinds of activities that form the types of bankruptcy fraud outlined above. There are 3 normal ways that a Trustee can start identifying bankruptcy offences and bankruptcy fraud.

When a consumer proposal, larger corporate or personal restructuring proposal or a bankruptcy is filed, the licensed insolvency trustee is required to review the available books and records. Insolvency trustees must look for transactions that appear questionable.

Insolvency trustees prepare a report for the creditors in which the conduct of the insolvent debtor, including any issues like suspicious transactions, entered into, or suspected bankruptcy fraud, are reported. In a restructuring, the bankruptcy trustee must also advise what effect the transaction has on the creditors and what actions, if any, the licensed insolvency trustee is going to take. That is the first way that bankruptcy fraud and bankruptcy offences can be discovered.

The second way that bankruptcy offences and bankruptcy fraud can be discovered is from information available from creditors. The creditors have been dealing for some time with the individual or company filing for bankruptcy or the restructuring proposal. Creditors may very well have information about the debtor’s affairs that would be very useful. That information might just lead the licensed trustee to discover the offences.

The third way of getting more information about suspected bankruptcy fraud and offences is through conducting examinations.

Examination of the bankrupt or the designated officer of the bankrupt company

In this section, I will use the examination of the bankrupt regarding his or her property and examination of the designated officer concerning the company’s property and affairs, interchangeably.

Section 161(1) of the BIA allows for the examination of the bankrupt by the official receiver. An official receiver is a qualified person in the local office of the Superintendent of Bankruptcy Canada. In personal bankruptcy, this examination could be held any time prior to the discharge of the bankrupt.

The official receiver can examine the bankrupt under oath relative to the insolvent’s conduct, the reasons for the bankruptcy and the disposition of the bankrupt’s property. The official receiver can generally ask any questions they wish about the bankrupt’s conduct and affairs.

Section 163(1) of the BIA allows the Trustee, by ordinary resolution passed by the creditors or inspectors, may, without a court order, examine under oath before the registrar of the court or other authorized person:

the bankrupt;
any person fairly believed to have knowledge of the bankrupt’s affairs; or
anyone who is or has been an agent, or a clerk, an officer, management or an employee of the bankrupt.

Essentially, anyone who has knowledge of the bankrupt’s affairs. This also includes anyone in possession of any books, records or documents regarding the affairs of the bankrupt. Such persons would also have to hand over those documents.

Section 163(2) allows any creditor or another interested person on sufficient cause being revealed (such as the suspicion of bankruptcy fraud) can apply for an order to be made for the examination of the bankrupt, under oath, before the registrar or other accredited person.

So as you can see from this description, the existence of this section of the BIA allowing for the ability to examine a person in connection with a bankruptcy filing is quite generous. The suspicion of the bankrupt trying to commit bankruptcy fraud can lead to a request for an examination of the bankrupt.

So the question becomes, can the examination process be used for a fishing expedition or does the Trustee or creditor need to have some evidence of wrongdoing? Do they need to have more than just a hunch? The BC court decision I am going to now describe seems to answer that question.

***Bankruptcy fraud*: Examination of the bankrupt court case background**

The matter is Hanlon (Re), 2021 BCSC 40. Mr. Hanlon wants his bankruptcy discharge. However, a major creditor of his has reason to suspect that there is more information to be learned about Mr. Hanlon’s conduct, affairs and property. The creditor made an application under section 163(2) of the BIA.

A lady called Ms. Johnson acquired a judgment against Mr. Hanlon after a five-day defamation trial that occurred in August 2018. Ms. Johnson was granted an award of $27,500 against Mr. Hanlon.

On June 14, 2019, Mr. Hanlon filed a proposal under BIA. The proposal was unsuccessful and Mr. Hanlon was deemed to have filed an assignment in bankruptcy. The effect was as if Mr. Hanlon chose himself filing for bankruptcy. At the meeting of creditors, Mr. Hanlon said, which is recorded in the Minutes, that “there was an expectation that any amounts owing to his mother would be deducted from his inheritance.” The lawyer from the law firm representing Ms. Johnson was appointed an Inspector in the bankruptcy administration.

Ms. Johnson opposed the bankrupt’s discharge as she suspects bankruptcy fraud. On February 3, 2020, she filed an amended proof of claim. In it, she made an unsecured claim for $94,443.01, consisting of the original judgment, post-judgment interest, and a claim of $66,788.26 for special costs.

***Bankruptcy fraud*: The position of the bankrupt, creditor and Trustee**

The creditor

Ms. Johnson is concerned that the bankrupt is trying to commit bankruptcy fraud. She argues that Mr. Hanlon and his mother should each be subjected to an examination for the purposes of finding more information to ensure that she can canvass concerns connected to:

If he is a beneficiary under his mother’s will and the potential of an inheritance being received.
Info about the status of his chequing account and credit cards, including his use of his mom’s bank card.
Cash and loans Mr. Hanlon might have received from his mom and step-father.
Exactly How Mr. Hanlon is paying for expenditures.
Particulars any businesses the bankrupt runs, the revenue he gains, and whether he has been purposefully underemployed.

She says that examinations are necessary considering that the evidence produced to date sustains that “something is amiss” and also there is “a disconnect” with his current financial situation.

Ms. Johnson also wants approval to examine his mother about any financial arrangements between them. She also wants to examine the mother about any inheritance that her son is entitled to. Finally, she also wants to see a copy of the will. She suggests that his mother is directly attached to the bankruptcy estate.

The Trustee

The Trustee did not take any position on Ms. Johnson’s application. The Trustee advised the court that:

An examination of Mr. Hanlon under oath happened already.
Mr. Hanlon has been extremely honest with everything that he has been asked
To her knowledge, there are no outstanding requests.
It would be an uncommon request to demand the supply of a will from a person who is still living. If Mr. Hanlon’s mom passes away then the Trustee will take all needed actions to investigate the situation and the bankruptcy estate.

Ultimately, the Trustee is of the view that the bankrupt’s discharge hearing should happen as soon as possible. It has already been postponed. The Trustee had no indication that the bankrupt was trying to commit bankruptcy fraud.

The bankrupt

The bankrupt stated that his mom and stepfather are alive and generally in good health. If his mother passes away everything will certainly go to his stepfather. They have been wed for 40 years and their house remains in joint-tenancy. He advised that his mother is currently 85 years of age, she does need the use of a wheelchair and is deaf in both ears. His stepfather is either 72 or 73 years old. He opposes the examination of his mom as being in the nature of a fishing exploration.

He disputed that there is anything amiss about the documents provided and that he has not committed any bankruptcy offence or crime and that he has not entered into any suspicious transaction. He explains that there is a senior’s discount referral on his bank account due to the fact that it is a joint account with his stepfather who is elderly. He described that the only time he has used his mom’s charge card was to pay a process server (in one of his prior paralegal businesses) who called for a credit card over the phone. He rejects ever accessing his mother’s bank account.

He submits that he has supplied a description of his work history, consisting of what companies he was paid by. He also stated that he has provided all items the Trustee has ever asked for. He further submitted that the application should be dismissed as it is without benefit, a fishing expedition, and is being made solely for the purpose of delaying his discharge hearing.

Mr. Hanlon presented himself as an honest but unfortunate person that is not trying to commit bankruptcy fraud.

Bankruptcy fraud: The court decision for the request to examine the bankrupt

The court accepted there were issues raised that need more information. An example of one is that the bankrupt did not list any debts owing to either his mother or stepfather in his sworn Statement of Affairs. He stated at this hearing that he was not conscious that such household debts were to be included in his bankruptcy. The situation of loans from his mother or stepfather and the arrangements need more clarification.

It is not totally clear to what degree there has actually been some intermingling of the bankrupt’s affairs with his mother’s yet the evidence does support that he has utilized her credit card. He claims it was only once however the creditor is entitled to explore this issue. The bankrupt admitted that his mom supplies him with money to pay a specific expense or expenses. He is living with his mother and stepfather in a self-contained bachelor suite and is not paying rent.

The particulars of his revenue and work are also uncertain and there was a discrepancy between the bankrupt’s evidence and one record of employment he received. An examination would shed additional light on this incongruity in addition to the allegation made that he is purposefully underemployed.

The judge was persuaded that sufficient cause has been revealed by Ms. Johnson to support an examination of Mr. Hanlon under s. 163( 2) of the BIA. The judge was also satisfied that such an examination has the possibility of benefitting the general body of creditors and it is not just a fishing expedition. Accordingly, the court ordered that the bankrupt attend an exam at a time and location to be fixed. The assessment will be limited to two hours. The expenses of the exam and getting a transcript will certainly be for Ms. Johnson’s account.

The court decision about the request for documents and to examine the bankrupt’s mother

The court felt that the applicant was looking for too wide an order for the production of documents. The court directed that Ms. Johnson set the particulars of the documents she is looking for using a letter to Mr. Hanlon, with a copy to the Trustee. This letter laying out the particulars of the documents should be supplied at the very least three weeks before the exam takes place. The judge ordered that the bankrupt will deliver the files he has in his possession or control no later than 7 days prior to the day scheduled for his exam.

Concerning his mother’s will, the court was not encouraged that the production of the will to prove that the bankrupt will be getting any type of inheritance was necessary. Even if he is a beneficiary under his mom’s will, she is alive and there was no evidence that he will certainly acquire anything as a beneficiary either now or in the future.

The evidence established that his mother is married with the majority of the value of her assets registered in joint-tenancy with her husband. The evidence also showed that his stepfather is more than 10 years younger than his mother. The court decided that the will should not be produced, but that did not restrict Ms. Johnson from checking out issues associated with any kind of prospective inheritance at the examination.

The judge was not satisfied that his mother ought to be required to participate in interviews. Such an examination would be oppressive because of his mother’s age, being 85 years old, her current health standing, although she did not have any specific illness, as well as the existing COVID-19 pandemic.

The court also took judicial notice of the fact that in the sworn statement of service, the server deposes that when he served the application on the bankrupt’s mother, she did not appear to comprehend that she was being served with legal papers. So any inquiries regarding the use of her credit cards by the bankrupt or how he is paying for his living expenditures can be canvassed at the exam of the bankrupt. Ms. Johnson’s application to examine the mother was denied.

Bankruptcy fraud and examination of the bankrupt: Other matters

The judge was also completely satisfied that an order should be made that any discharge hearing happens after the examination has been completed. In order that there is no delay, the court directed that the examination is to be finished before February 28, 2021. The bankrupt is to cooperate by establishing a day for the exam within this period. The discharge hearing can be set up for a day beginning in March 2021.

It will be up to the presider of the discharge hearing to ultimately decide what consideration ought to be given on any kind of possible inheritance when determining the disposition of the bankrupt’s application for discharge.

Finally, Ms. Johnson was awarded costs against the bankrupt. This cost award is a post-filing debt that will not be released by the bankrupt’s discharge from bankruptcy.

Bankruptcy fraud summary

I hope you enjoyed this bankruptcy fraud Brandon Blog post. If you are concerned because you or your business are dealing with substantial debt challenges 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 while avoiding bankruptcy. We can get you the relief you need and so deserve.

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 this seems familiar to you and you are serious about getting the solution you need, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus 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.

Tags bankrupt fraud crime, Bankruptcy, Bankruptcy and Insolvency Act, bankruptcy examination, bankruptcy fraud, bankruptcy offences, BIA, consumer bankruptcy, Consumer Proposal, Corporate Bankruptcy, criminal fraud, Designated Officer, Division I Proposal, examination of bankrupt, financial difficulties, Ira Smith Trustee, licensed insolvency trustee, personal bankruptcy

Brandon Blog Post

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

Post author By Brandon Smith
Post date December 30, 2020

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

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

Brandon’s Blog posts introduction

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

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

What are blog posts?

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

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

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

What makes good blog posts?

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

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

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

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

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

How do I write my Brandon blog posts?

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

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

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

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

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

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

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

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

The 40 Park Lane Circle search terms leads people to our December 3, 2013 blog titled “Park Lane Circle – People Who Live In Glass Houses Can’t Change The Rules” and our March 31, 2015 blog titled “40 Park Lane Circle, 44 Park Lane Circle Toronto For Sale: Are Financial Problems Contagious?“. The first one deals with the receivership sale of this Toronto mansion. The second blog is about the financial problems of the owner of number 40, Mahvash Lechcier-Kimel and the owners of 44, Norma and Ronauld Walton.
The death and mortgage search terms leads you to our October 9, 2019 blog titled “What Happens To Mortgage When You Die Canada: Debt Philosophy Explained“. In this blog, I talk about what happens to the mortgage debt, the mortgage and the related real estate when the death of an owner happens.
Searching how to negotiate with 407 brings up my November 19, 2015 blog “407 ETR Debt Settlement: Our Newest Guilt Free Way To Do It“. In this Brandon Blog, I describe an Ontario court case and show how an insolvency process can eliminate the 407 ETR debt.
The”how to complete form 31 proof of claim canada” and related search terms turns up my October 3, 2018 blog titled “Form 31 Proof of Claim: How To Complete A Proof of Claim“. In this blog, I describe the importance of completing and submitting a proof of claim and provide a real step-by-step example of how to complete it. There is a link in the blog to the example, which is stored on a different server. That example is being clicked on daily since it was uploaded.
The immediate financial help search term leads the person to my September 6, 2017 blog post “I Need Financial Help Right Now: What You Need To Do When You Need Financial Help Immediately And Say A Prayer For Immediate Financial Help While You Are At It“. I recently wrote an update on this theme for COVID-19 Canadian Government support programs in my blog titled “The I Need Financial Help Immediately Canada Plan To Become Financially Strong.“
The 4 Pillars search produces my November 25, 2019 blog “How Does Debt Relief Work: Apparently Not Great 4 Everyone“. You can read it to find out all about the class-action lawsuit Pearce v. 4 Pillars Consulting Group Inc.
The deceased spouse and credit card debt search will lead you to several of my blog posts :

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

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

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

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

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

The commercial tenancies search will produce my coronavirus related June 22, 2020 blog “Commercial Tenancies Act Ontario: New Fix For Your Unruly Landlord’s COVID-19 Commercial Lease Termination“. In that blog, I describe how Ontario Bill 192 amending the Commercial Tenancies Act works. As with everything, the devil is in the details.
Your parents die with debt long-tail keyword search produces my June 25, 2018 blog “What Happens To Debt When You Die Canada: Are You Free Of Debt“, in addition to several related ones already described above.
Last but not least, those who search the name “Goldie Cranston” will find my blog “Dying Without A Will In Ontario: Distribution To Heirs Not Easy“. In that Brandon’s Blog, I discuss the issues around dying without a will and the fight between the siblings of the late Canadian figure skater, Toller Cranston.

Blog posts summary

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

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

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

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

We know that people facing financial problems need realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. Most of our clients never do. We help many people and companies avoid bankruptcy.

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

Call us now for a free consultation.

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

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

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

Tags Bankruptcy, blog, blog post title, blog posts, blogs, Consumer Proposal, content, content marketing, debt problems, Ira Smith Trustee, licensed insolvency trustee, loyal readers, pen to paper, visual assets, What are blog posts, What makes good blog posts, writing blog posts, writing introductions, writing skills

Brandon Blog Post

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

Post author By Brandon Smith
Post date December 23, 2020

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

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

I need financial help immediately Canada introduction

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

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

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

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

Canada Emergency Response Benefit (CERB)

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

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

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

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

CERB and the self-employed

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

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

“The Benefit is available to workers:……

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

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

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

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

Employment insurance program

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

Canada Recovery Sickness Benefit (CRSB)

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

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

Canada Recovery Caregiving Benefit (CRCB)

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

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

Mortgage payment deferral

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

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

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

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

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

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

Canada Emergency Wage Subsidy (CEWS)

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

Canada Emergency Business Account (CEBA) interest-free loans

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

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

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

Canada Emergency Commercial Rent Assistance Program (CERC)

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

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

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

Canada Emergency Rent Subsidy (CERS)

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

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

Lockdown Support

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

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

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

Loan Guarantee for Small and Medium-Sized Enterprises

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

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

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

Canada United Small Business Relief Fund

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

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

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

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

I need financial help immediately Canada – Individuals

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

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

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

EI
CRSB
CRCB

I need financial help immediately Canada – Small Businesses

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

I need financial help immediately Canada summary

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

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

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

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

If you are worried because you are facing significant financial challenges and you don’t fully understand the options available to you, including, filing a consumer proposal versus bankruptcy. It is not your fault that you are in this situation. You have been only shown the old ways that do not work anymore.

The Ira Smith Team uses new modern ways to get you out of your debt troubles while avoiding bankruptcy. We can get you debt relief freedom.

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

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

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

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

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

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

Tags Bankruptcy, canada emergency rent subsidy, Canada Emergency Response Benefit, canada emergency wage subsidy cews, canada recovery benefit fund, ceba, cerb, CERS, cews, Consumer Proposal, coronavirus, covid-19, CRB, I need financial help immediately, i need financial help immediately canada, Ira Smith Trustee, loan guarantee, lockdown support, mortgage payment deferral

Brandon Blog Post

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

Post author By Brandon Smith
Post date December 21, 2020

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

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

If you would prefer to listen to the audio version of this consumer proposal versus bankruptcy Brandon’s Blog, please scroll to the very bottom and click play on the podcast.

Consumer proposal versus bankruptcy introduction

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

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

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

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

Division 1 proposals are available to both:

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

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

***Consumer proposal versus bankruptcy*: What are consumer proposals?**

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

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

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

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

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

The advantages of a consumer proposal versus bankruptcy are:

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

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

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

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

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

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

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

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

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

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

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

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

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

This is another distinction between bankruptcy vs consumer proposal.

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

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

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

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

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

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

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

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

This is one more consumer proposal versus bankruptcy difference.

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

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

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

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

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

A consumer proposal is fully performed as soon as:

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

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

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

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

***Consumer proposal versus bankruptcy*: How to file for bankruptcy?**

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

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

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

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

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

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

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

You are worried because you are facing significant financial challenges and you don’t fully understand the options available to you, including, filing a consumer proposal versus bankruptcy. It is not your fault that you are in this situation. You have been only shown the old ways that do not work anymore. The Ira Smith Team uses new modern ways to get you out of your debt troubles while avoiding bankruptcy. We can get you debt relief freedom.

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

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

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

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

Tags alternative to bankruptcy, Bankruptcy, Bankruptcy and Insolvency Act, bankruptcy discharge, BIA, Consumer Proposal, consumer proposal versus bankruptcy, credit score, debt consolidation, how will a consumer proposal affect my credit rating, Ira Smith Trustee, licensed insolvency trustee, Office of the Superintendent of Bankruptcy, OSB, surplus income, trustee, What is the impact on my credit rating if I file for personal bankruptcy or do a consumer proposal, Who qualifies for a consumer proposal

Brandon Blog Post

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

Post author By Brandon Smith
Post date December 14, 2020

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

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

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

CERB requirements introduction

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

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

A CERB requirements refresher

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

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

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

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

The $5,000 CERB requirements problem

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

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

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

Are CERB requirements gross?

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

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

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

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

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

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

What is CRA now saying?

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

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

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

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

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

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

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

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

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

CERB requirements summary

I hope you have enjoyed this CERB requirements Brandon’s Blog. Do you or your company have too much debt? Are you or your company in need of financial restructuring? The financial restructuring process is complex. The Ira Smith Team understands how to do a complex restructuring. However, more importantly, we understand the needs of the entrepreneur or the person who has too much personal debt.

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

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

Call us now for a free consultation.

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

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

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

Tags $5000, Bankruptcy, Canada Revenue Agency, cerb, cerb dates, cerb periods, cerb requirements, cerb requirements for self employed, Consumer Proposal, covid-19, CRA, Debt, employment insurance, Ira Smith Trustee, self employed, self employment, Service Canada

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Disadvantages of consumer proposal: What is a consumer proposal?

Disadvantages of consumer proposal: When is a consumer proposal appropriate?

Disadvantages of consumer proposal: When is a meeting of creditors held?

Disadvantages of consumer proposal: How will a consumer proposal affect my credit rating?

Disadvantages of consumer proposal: Why are consumer proposals rejected?

Disadvantages of consumer proposal: What happens if you miss a consumer proposal payment?

How long does it take to rebuild credit after a consumer proposal?

Disadvantages of consumer proposal: Are consumer proposals bad?

Disadvantages of consumer proposal summary

Consumer proposal faq introduction

Consumer proposal faq: What are the common benefits of filing a consumer proposal?

Consumer proposal faq: What does a consumer proposal cost?

Consumer proposal faq: What debts can be included in a consumer proposal?

Consumer proposal faq: What happens when you file a consumer proposal?

Consumer proposal faq: What happens if creditors reject consumer proposal?

Consumer proposal faq: What percentage do you pay in a consumer proposal?

Consumer proposal faq: Can you keep a credit card with a consumer proposal?

Consumer proposal faq: Does a consumer proposal ruin your credit?

Consumer proposal faq: Can consumer proposal affect employment?

Consumer proposal faq: What are the main differences between a consumer proposal and bankruptcy?

Consumer proposal faq summary

Bankruptcy fraud introduction

What is bankruptcy fraud?

What are bankruptcy offences and how are they and bankruptcy fraud discovered?

Examination of the bankrupt or the designated officer of the bankrupt company

Bankruptcy fraud: Examination of the bankrupt court case background

Bankruptcy fraud: The position of the bankrupt, creditor and Trustee

The creditor

The Trustee

The bankrupt

Bankruptcy fraud: The court decision for the request to examine the bankrupt

The court decision about the request for documents and to examine the bankrupt’s mother

Bankruptcy fraud and examination of the bankrupt: Other matters

Bankruptcy fraud summary

Brandon’s Blog posts introduction

What are blog posts?

What makes good blog posts?

How do I write my Brandon blog posts?

Top 10 insolvency-related Google searches in 2020 leading people to Brandon Blog posts

The Brandon Blog posts the top 10 insolvency-related Google searches in 2020 lead people to

Blog posts summary

I need financial help immediately Canada introduction

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

Canada Emergency Response Benefit (CERB)

CERB and the self-employed

Employment insurance program

Canada Recovery Sickness Benefit (CRSB)

Canada Recovery Caregiving Benefit (CRCB)

Mortgage payment deferral

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

Canada Emergency Wage Subsidy (CEWS)

***Disadvantages of consumer proposal*: Are consumer proposals bad?**

***Bankruptcy fraud*: Examination of the bankrupt court case background**

***Bankruptcy fraud*: The position of the bankrupt, creditor and Trustee**

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

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

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

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

***Consumer proposal versus bankruptcy*: What are consumer proposals?**

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

***Consumer proposal versus bankruptcy*: How to file for bankruptcy?**

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