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

Picture of worried woman in front of a credit card being cut in half with scissors shows that she is finally trying to take control over her high credit card debt.
how to pay off credit card

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

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

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

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

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

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

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

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

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

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

Analysis of the percentage of Canadians making minimum monthly payments on credit cards

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

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

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

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

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

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

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

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

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

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

Picture of worried woman in front of a credit card being cut in half with scissors shows that she is finally trying to take control over her high credit card debt.
how to pay off credit card

How to pay off credit card: Impact on different generations

Credit card debt trends among generations

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

Exploring reasons behind varying levels of debt

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

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

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

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

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

Role of financial literacy in managing credit card debt

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

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

Tips for improving financial literacy

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

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

Picture of worried woman in front of a credit card being cut in half with scissors shows that she is finally trying to take control over her high credit card debt.
how to pay off credit card

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

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

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

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

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

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

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

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

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

Establishing healthy spending habits and avoiding excessive debt

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

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

Making timely payments and avoiding credit card balances

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

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

Building a strong credit history and improving credit rating

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

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

Picture of worried woman in front of a credit card being cut in half with scissors shows that she is finally trying to take control over her high credit card debt.
how to pay off credit card

How to pay off credit card FAQs

  1. What is the best method to pay off credit card debt?
  • Determining the optimal method for credit card debt repayment is contingent upon individual preferences and financial circumstances. The debt avalanche strategy prioritizes the repayment of debts with the highest interest rates first, whereas the debt snowball approach involves tackling the smallest debts initially. It is recommended to select the method that aligns with your personal goals and is most feasible for you to accomplish promptly.
  1. How can I lower my interest rates on credit card debt?
  • One effective strategy for reducing interest rates on credit card debt involves consolidating your debt through a lower-interest-rate personal loan. By leveraging this approach, you can potentially minimize interest expenses, accelerate debt repayment, and enhance your financial standing.
  1. What steps can I take to pay off credit card debt quickly?
  • To pay off credit card debt quickly, it’s important to first review your budget and reconsider daily spending habits. Consider packing a lunch instead of buying one each day and reconsider subscriptions that automatically come out of your account each month. Paying off high-interest debt as soon as possible and paying close attention to bill payments to avoid late charges can also help speed up the debt repayment process. Additionally, organizing your debt and choosing a method like the debt avalanche or debt snowball method can help you pay off debt efficiently.

How to pay off credit card: Conclusion

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

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

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

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

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

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

Picture of worried woman in front of a credit card being cut in half with scissors shows that she is finally trying to take control over her high credit card debt.
how to pay off credit card

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

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IS MORTGAGE DEBT NOW THE OBSESSION FOR MANY CANADIANS?

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic.

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

Is mortgage debt surge responsible for pushing Canadian consumer debt levels higher?

For many people in Canada, a house is the centre of the family’s financial world. As a result, if the family’s financial situation changes, the house, and the mortgage that goes with it, become the focus of the family.

Is mortgage debt pressing consumer financial debt higher in Canada?

Equifax Canada recently reported that it is. One effect of the pandemic is that Canadian credit card usage and debt are dropping, as families borrow more cash right for their homes while spending less on everything else.

In this Brandon Blog, I offer some thoughts on why is mortgage debt rising, pushing total Canadian consumer debt above pre-pandemic levels, while credit card debts are falling during the COVID-19 pandemic.

Is mortgage debt surge pushing Canada consumer debt to $2.1 trillion?

Those in the real estate sector in Canada will certainly agree that the housing market is one of the greatest financial factors that influence the success of the Canadian economy. These days, the sector is exceptionally competitive which has a great influence on the housing market.

Competition among residential real estate buyers is fierce in many markets throughout the nation, especially British Columbia and Ontario. The pandemic has actually stimulated a record boom in Canada’s housing market. Low rates of interest, as well as brand-new demand for a larger home, have actually sustained bidding battles for houses.

What’s behind the record-breaking growth in the hot housing market in Canada? Is mortgage debt behind the increase in mortgage debt? Yes, according to Statistics Canada. It stated last Friday that Canadian families incurred a new high level of mortgage debt in the 2nd quarter in a row. Canadian households added record mortgage debt amid low interest, high prices.

Driving hot markets in many regions aided move real estate prices and the average sale price higher, pushing the need for home loans to $34.9 billion in the 4th quarter of 2020. This need beat the previous high of $28.7 billion in the 3rd quarter, Statistics Canada reported.

is mortgage debt
is mortgage debt

Is mortgage debt growth making Canada’s economy vulnerable? The central bank says yes

What is the Bank of Canada‘s worries? The Bank of Canada said that growing mortgage debt makes Canada’s economy vulnerable.

High household debt, as well as inequalities in the real estate market, have escalated in the past 12 months, leaving the economy more prone to economic shocks. The central bank said that although consumer debt had actually dropped in early 2020, a boost in housing debt has more than balanced out that decrease, with total household debt climbing sharply since mid-2020.

That is one reason why, effective June 1, 2021, the Office of the Superintendent of Financial Institutions (OSFI, Canada’s leading financial regulatory authority, elevated the home mortgage stress test level for mortgage applications through banks, insurance companies and credit unions. It does not yet apply to private mortgages.

The stress test was raised so that borrowers must now be able to meet the financial test to carry a mortgage at an annual interest rate of either 5.25 percent or 2 points over the actual mortgage market rate they can get, whichever is greater. This will certainly make it harder for some to get approved for a home mortgage. The government hopes this will lead to reducing the pool of accepted borrowers as well as eventually, lowering residence rates.

The June 1 adjustment implies potential mortgagors will certainly need to prove that their finances can stand paying at that greater interest rate, no matter what rate a lender is willing to lend at. OSFI hopes that this adjustment will reduce either the number of buyers or the amount a purchaser can afford to pay given the mortgage financing available to them. The hope is that it will stem the higher pressure on house prices in the country.

Is mortgage debt the only reason Canadian household debt is so high?

As you can see from the above, mortgage debt is up but credit card debt is down. in fact, it is at a 6 year low. So is mortgage debt the only reason total household debt is up? When I speak of mortgage debt, I am talking about conventional mortgage debt. The answer is no.

Equifax Canada also reports that other big-ticket credit products like credit lines have likewise represented a general increase in Canadian financial debt. She said there was a 60 percent rise in house equity credit lines! Like mortgage debt, this is a secured debt registered against the borrower’s home.

People are borrowing these additional home equity lines of credit. The worry is if rates of interest rise, individuals may not be able to pay the debt servicing costs and the debt payments for that financial obligation. Those kinds of loans are usually at a variable interest rate.

is mortgage debt
is mortgage debt

My take on why is mortgage debt and other household debt driving in these directions?

It wasn’t an interest rate boost that forced Canadians to get consumer spending in check – it took a pandemic for many of us to transform our spending practices. Stay-at-home orders, lockdowns, nowhere to go and fewer places to spend our money have all contributed to what we are now seeing. Couple that with many Canadians being able to work from home and Canada’s COVID-19 Economic Response Plan.

Consumer spending shifted away from credit card spending. My personal view is that people’s spending patterns shifted away from consumer goods that normally would be charged to credit cards. Perhaps some of the increase in home equity lines of credit was to consolidate debt by borrowing against their homes to pay down high rate credit card debt.

Also, people were hunkered down working, going to school and generally living 24/7 in their homes. We all got to see the points we love about our home and perhaps noticed for the first time, or at least were bothered for the first time, with little imperfections in our homes. That could lead to increased borrowing in order to do additions or renovations.

It also could lead to selling the existing home and buying a different one and moving. Maybe that drove more demand than there was supply, which caused home prices to continue rising. Increased pricing required increased mortgage application numbers, mortgage borrowing, the individual size of mortgages to increase and drove total mortgage growth. Perhaps FOMO also contributed to the increased demand.

This is merely conjecture on my part, but one thing is for sure. The pandemic could not stop house prices from rising, mortgage debt from increasing and credit card debt from reducing. Overall, household debt increased. The worry now is if interest rates rise, it will take a larger proportion of household income to meet debt servicing requirements. Hopefully, everyone’s household budget will be able to handle it.

Is mortgage debt now the focus for many Canadians?

Apparently so. I hope that you found this Is mortgage debt now the obsession for many Canadians Brandon Blog interesting. 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. Our professional advice will create for you a personalized debt-free plan for you or your company during our no-cost initial consultation.

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

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

Call us now for a no-cost consultation.

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic.

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

is mortgage debt
is mortgage debt
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FROZEN BANK ACCOUNT: DISCOVER MY RUNDOWN OF WHAT RIGHTS YOU HAVE AND WHAT YOU NEED TO DO NEXT

frozen bank account
frozen bank account

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 of this page and click play on the podcast.

Frozen bank account: Can my bank seize my accounts if I file a consumer proposal or bankruptcy?

A frozen bank account is something people usually worry about when they have unpaid financial debts and need to know. There is plenty of mistaken beliefs worrying Canadians about what legal authority the government or creditors need to seize your chequing or interest-bearing accounts, confiscate various other properties including garnishing your income. This is incredibly troubling for people with too much debt considering filing either a consumer proposal or personal bankruptcy.

I know people freak out about their frozen bank account. Rightly so, but it’s not that bad. In this Brandon Blog, I’m going to give you a basic rundown of what rights you have and what you need to do next.

In this Brandon Blog, I discuss the ins and outs of who and how can your bank accounts can get frozen and how an insolvency filing can help you not only to lift the hold on a frozen bank account. It can also get you complete debt settlement and allow you to move forward debt and stress-free.

Who can freeze your bank account in Canada?

We are always asked the question: “Who can freeze my bank account?” There are essentially three different parties who can create your frozen bank account in Canada. They are:

  • The bank.
  • The government.
  • A creditor with unpaid debt from you sued you and won (the judgment creditor).

The latter two require the cooperation of your bank, which they will give.

What does a frozen bank account mean?

When you have a frozen bank account, it means that the bank has for some reason blocked you from using that account. It can be your personal bank account or something else such as a joint account or a business account. The bank for some reason has either temporarily or permanently made the frozen bank account and seized the cash. You will definitely be wanting to start making phone calls to your banking customer service representative!

You can get your bank accounts frozen due to:

  • Court action because a judgment creditor has had it seized to get repaid, in whole or in part, for an outstanding debt.
  • Canada Revenue Agency has seized the funds because you or your business owes them money.
  • Your bank suspects some sort of and the bank flags suspicious activity running through the account they feel they must investigate. Perhaps they suspect money laundering, other criminal activity or other illegal activities. Something running through your account has piqued their activity to create your frozen bank account.
  • You owe money to the bank for one or more bank loans that have matured and have not been repaid. The bank agreements and loan agreements that you signed gives the bank the right to offset. So not only can they freeze your accounts, they can without getting a judgment offset any balances held by the bank to your credit against the money you owe them. More on this later.

The exact terms of creating the frozen bank account will vary depending on provincial law. What it does mean is that the account holder cannot take any money out. The funds in the account can still be used by the bank to cover any amount owing to them, but the account holder cannot access the funds.

frozen bank account
frozen bank account

Unpaid Debts to the Government: Canada Revenue Agency (CRA) caused the frozen bank account

There are some standard reasons why CRA may cause your frozen bank account. They are:

  • You owe money to CRA for personal income tax debts.
  • Your proprietorship or partnership owes it money for unremitted HST or employee source deductions.
  • Your company owes CRA money for the unpaid HST tax debts or employee deductions not turned over to them as they should be.

When the Canada Revenue Agency​ (CRA) freezes your bank account, it is doing it by one of two mechanisms. It has provided your bank with either a third party demand for any funds payable to you or with a Federal Court Order called a “Memorial“.

Either way, CRA has provided your bank with the official documentation requiring your bank to freeze your bank account and remit all funds payable to the bank account owner over to CRA.

The CRA does this in order to get money owed to them. CRA can freeze any bank account. In Ontario, this includes TFSAs and absent a bankruptcy filing, your RRSP is also subject to seizure.

In this Brandon Blog, I am only talking about a frozen bank account and not property in general. What property is subject to a person’s claim of exemption from seizure is a matter of provincial law. Likewise, wage garnishment is also governed by provincial law and is not the subject of this Brandon Blog.

Unpaid debts through creditors: How can creditors freeze my bank account?

If a creditor is looking to collect from you, once they have run out of patience with you, one of the first steps they will take is to sue you. They begin their litigation against you to get a judgment for the amount you owe. If successful, in Ontario, they then provide that judgment to the Sheriff to freeze your bank account. Once the Sheriff serves the judgment notice on the bank, it suspends your right to use your money or assets held at the bank. If a creditor causes you to have a frozen bank account, you will not be able to access your money until the issue is resolved.

It does not matter what the original debt was for – credit card debts default under your credit card agreements, an unsecured loan, payday loans from one or more payday lenders, damages under a contract or any other type of commercial debt. Once the creditor has obtained a judgment, they can get your bank to have your bank account frozen.

Frozen bank account: How to get my bank account unfrozen when I am not insolvent

If you now have an extremely icy bank account as the outcome of a judgment against you or a CRA garnishee, perhaps following a tax audit, you are probably really feeling scared and powerless. While there are no guarantees, there are actions you can take to help get your frozen bank account thawed out and your financial life back on course.

Since you are not insolvent, you cannot even consider an insolvency proceeding. But there are some things you can do.

The first thing you need to do is find out who the perpetrator is that forced your bank to create this deep freeze. Most creditors will get the bank to freeze your account to get you to concentrate on the reality that you need to take care of them. Various other means they have actually made use of to engage with you have clearly not worked. Ask your bank representative who is it that has triggered the icy account.

Since you now know who it is, connect with them. Attempt to reach a bargained negotiation in return for them lifting the freeze promptly on your account. As an example, entering into a payment plan by providing the CRA financial debt collector with a collection of post-dated cheques that will settle your tax debt in full. Absent an insolvency procedure, the CRA agent must decline anything less than 100 cents on the dollar.

If it is a judgment creditor, you may have an opportunity to negotiate a minimized settlement amount if paid instantly. Clearly, the amount will certainly need to be greater than what the creditor anticipates obtaining from your icy bank account. Alternatively, you can enter into a payment schedule that you can honour.

There is no maximum number of hours or days where you can prepare for having your chequing or savings account unfrozen. Each condition will absolutely differ. The intricacies of your negotiations as well as the length of time they take will normally be the guiding aspect.

Consequently, any bargained settlement needs to include an arrangement that will instantly result in your bank raising the freeze and allow you to maintain your cash. Either you or the creditor or both will need to supply your bank with proof of the satisfactory payment arrangement that includes the unfreezing of the frozen bank account.

The one thing I can guarantee you is that neglecting the problem will only slow down the process and will not help your frozen bank account. Your financial institution will certainly clear out your account one way or the other. If you owe your bank, the tried seizure of your account is a default on your loan. The bank will certainly take the cash in your account and offset it versus your loan. Then they will tell the judgment creditor there is no cash available for them.

If it is CRA, your financial institution will send the cash off to them.

If you do not owe your bank any kind of cash, they will send your money to the judgment creditor.

Regardless of which of the above 3 potential outcomes is, if you do not respond to an icy account, the economic repercussions can end up being far more severe.

frozen bank account
frozen bank account

Frozen bank account: What bankruptcy protection does the Bankruptcy and Insolvency Act provide to get my bank account unfrozen

If you find yourself with too much financial debt, especially from unsettled tax obligations, you might be thinking of bankruptcy. Though the word “bankruptcy” is frequently made use of to explain any type of situation in which a person is unable to pay their debts, the legal term “bankruptcy” really describes a particular legal process administered by the Bankruptcy and Insolvency Act (Canada) (BIA).

In reality, there are three possible provisions of the BIA that can be used by a person to not only do a government-authorized debt settlement program. It also has the added benefit of immediately unfreezing your bank account. The three possible choices are:

Let’s focus on the bankruptcy protection possibilities, being a consumer proposal or a Division I proposal, rather than a pure bankruptcy liquidation. If you have a bank account that is iced, a filing under the BIA invokes an immediate stay of proceedings. This means that once a person has filed with the licensed insolvency trustee, any action to try to enforce collection on debt cannot be started or continued. This includes the frozen bank account as part of a seizure. Therefore the bank account must be unfrozen once the bank receives notice of the filing.

There are only two exceptions to this for your frozen bank account: one lawful and one debatable.

Lawful – If the seizure has been completed before the bank receives notice of the filing, then it is game over. Your account is unfrozen, but there is no cash left in it. This means the bank has made the payment to itself already, already transferred the money to CRA.

In the case of a creditor, the Sheriff has had to have distributed the money and it has to have already been received by the creditor. If the Sheriff still has it, he cannot proceed to send it on to the creditor. In the case of a proposal, he must return it to the insolvent person who has filed. If a bankruptcy, the Sheriff must hand the money over to the Trustee.

Debatable – You owe the bank money. Once they receive notice of your filing, your lender takes the position that they have the right to offset any money on deposit to your credit against any amount you owe them. After you file and they receive notice, they empty out your account and apply for the money to be put against your bank loan or credit card debt. This action of maintaining your frozen bank account and keeping the cash is debatable.

Can you open a new bank account if your account is frozen? Definitely, just not at the same bank!

Most people can open a new bank account when they have a frozen bank account. However, why would you want to open a new one up with the same bank? They probably view accounts frozen for nonpayment as accounts that are high risk. Your creditors also now know where you bank. If you owe your bank money, as I have already discussed, you cannot keep your cash there anymore anyway.

The frozen bank account prevents you from withdrawing your money. If you have had your bank accounts frozen multiple times, the bank simply won’t issue another account and will be very happy to see you leave.

We always advise anyone contemplating filing a proposal or for bankruptcy, to set up a new account. Then, advise anyone who automatically deposits money into your account, that they should start depositing into your new account. Like your employer or the government.

It is also important to tell anyone you have granted a pre-authorized withdrawal to of the new bank account and make arrangements for them to pull the money out of the new account once there is money in it. Like your mortgagee you make your monthly mortgage payment to or your landlord you pay rent to, utilities, the vehicle loan company. Now your bank or their credit card division cannot automatically take your money to offset your liability to them.

We normally steer people towards one of the online banks, as it is unlikely that they owe money to them. We do not earn any commission for steering business to any bank, so we do not have a conflict. Something like a Simplii or EQ Bank savings and chequing accounts seem to work just fine. Then the person files and nobody can take some debatable action against the funds in their bank account.

Frozen bank account: Get a personalized no-cost debt-free plan today

I hope you enjoyed the frozen bank account Brandon Blog post. The entrepreneur may be very frustrated that the company can no longer pay all its debts as they come due.

There may be sufficient value to take care of the secured creditor, but nothing for anyone else, including the unsecured creditors. There may be some business units that should not survive, but if cut out, the business will be viable. A receivership might very well accomplish the goals for the entrepreneur also. I have many times structured a receivership process, in order to meet the goals of the entrepreneur, while satisfying the requirements of the secured creditor.

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.

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BANKRUPTCY DISCHARGE: MY CHEAT-SHEET OF THE TOP 8 THINGS THE BANKRUPTCY COURT CONSIDERS

Bankruptcy discharge introduction

A bankruptcy discharge is when the bankrupt is released under Canadian bankruptcy law from his or her debts as part of the bankruptcy process. Some people think that it is the act of filing bankruptcy that releases the bankrupt from liability. This is not the case. It is the discharge from bankruptcy process that “discharges” the bankrupt’s debts.

We explain in this vlog the procedure when a bankrupt’s outright discharge is opposed. We discuss the top 8 things that the Bankruptcy Court will consider in determining just what outcome the bankrupt could expect.

The primary benefit of the bankruptcy process for the insolvent person

The bankruptcy discharge is among the primary benefits of relief under the Bankruptcy and Insolvency Act (Canada) (BIA). The discharge is vital to the bankruptcy process. Debtors, after bankruptcy, can wipe the slate clean and start over, which is a central principle under the BIA statute.

Not all debts may be released

A bankruptcy discharge offers the discharge of many unsecured debts. Credit card debts, personal income tax debt, unsecured personal loans and under certain conditions, some student loan debt are all dischargeable debts. Financial debts, which will not be discharged include:

  • support payments to a previous spouse or to children;
  • fines or financial charges imposed by the Court;
  • debts emerging from fraudulent behaviour;
  • student loans if fewer than seven years have passed considering that the bankrupt quit being a full or part-time student.

    ontario bankruptcy court discharge certificate
    bankruptcy discharge

It can be opposed

An insolvent’s bankruptcy discharge application may be opposed by one or more unsecured creditors or the Licensed Insolvency Trustee (formerly called a bankruptcy trustee) (LIT). A creditor opposition is created when the creditor files the required notice of opposition, setting out the reasons for opposing.

This happens if the insolvent has not met all of his/her responsibilities under the BIA. Making full disclosure, attending the required two financial counselling sessions and making all necessary surplus income payments are all duties of the bankrupt that must be fulfilled if a discharge is to be considered.

It can also happen if the individual bankrupt has actually committed a bankruptcy offence. Those are acts listed in section 173 (1) of the BIA. In this case, there needs to be a bankruptcy discharge hearing in Court and the Court will after that evaluate the LIT or creditor opposition as well as give its decision on the discharge from personal bankruptcy.

There are four types of discharges possible

There are 4 types of discharges:

  1. Absolute discharge— The bankrupt is launched from the legal obligation to pay off financial obligations that existed on the day of bankruptcy, except for certain types of debt identified above.
  1. Conditional discharge— The bankrupt must fulfill certain conditions, additional payments into the bankruptcy estate, to get an absolute discharge. Once all conditions have been fulfilled, an absolute discharge will certainly be granted.
  1. Suspended discharge— An absolute discharge that will be granted at later on a specific date determined by the Court.
  1. Refused discharge— The Court has the right to decline a discharge.

If there is no opposition to the discharge from bankruptcy of the bankrupt by a creditor or the LIT, then the LIT is able to provide an automatic discharge by issuing the appropriate certificate. There is no need for attendance in Court.

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bankruptcy discharge

The opposition process

When a debtor’s bankruptcy discharge application is opposed by either an unsecured creditor or the LIT, the Trustee needs to secure a Court day. This will be for a Court hearing on the insolvent’s application for discharge. The LIT must then tell all creditors who have filed a proof of claim of the opposition. Details are also provided about the date, time as well as place of the Court hearing.

The Trustee needs to also file a report with the Court on the conduct of the bankrupt both prior to as well as after applying for bankruptcy. The report will as well give a summary of the financial results of the bankruptcy administration. If a creditor has opposed the bankrupt’s discharge, then that creditor likewise needed to send a notice of opposition.

Does the bankrupt need a lawyer on an opposed discharge?

When going to Court for his/her discharge application hearing, a bankrupt would be well advised to come with a skilled bankruptcy lawyer to represent his or her interests. Sometimes the discharge hearing is less formal than various other types of Court hearings.

However, the Court follows all the proper regulations of civil procedure. It is sometimes tough for nonprofessionals to put their best foot forward without an attorney’s aid.

There have been many Court cases on applications for discharge. A Court decision released recently from the Queen’s Bench of Saskatchewan supplies an exceptional walk-through of the points the Court will take into consideration. For those interested, the reference is Hertz Bankruptcy (Re), 2017 SKQB 224 (CanLII).

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bankruptcy discharge

The top 8 things the Bankruptcy Court will consider

The concerns the Court thought about, in determining what type of bankruptcy discharge certificate to issue, which is the same in all bankruptcy discharge hearings, were:

  1. Do the conditions of the bankruptcy filing and the bankrupt’s conduct sustain an order discharging the Bankrupt’s unsecured debts?
  2. The Court’s problem is to make sure that within a choice the policy purposes of the BIA are fulfilled. The bankruptcy, including the insolvent’s discharge, should act as a deterrence for the person not to duplicate the very same behaviour.
  3. If the circumstances of the bankruptcy support an order discharging the bankrupt, what terms of discharge are proper under the distinct circumstances of the bankruptcy?
  4. What were the conditions of the insolvent when the debts were sustained?
  5. What efforts did the insolvent make to pay the creditors?
  6. Did the bankrupt pay in respect of certain other debts but not all of them and particularly not the debt of the opposing creditor?
  7. Exactly what are the insolvent’s monetary opportunities for the future?
  8. Is there any other conduct or reality that needs to be factored into with the regard to discharge?

The Court will take lots of variables into account. The conduct, previous income, education and age of the bankrupt are all important factors. The Court will certainly likewise trust the Trustee’s report to Court on the bankrupt’s application for discharge. The Trustee’s report assists in determining facts about the conduct of the insolvent and his or her future prospects.

bankruptcy discharge

Is the bankrupt young or old?

Prevention is always a consideration. It is however very important to remember that Courts tend to be extra conventional when dealing with older bankrupts. A more youthful bankrupt with years of income-making opportunities could be needed to make an extra significant repayment. Less respect is given to the instant ability to pay.

An older bankrupt with some surplus income but fewer working years might be needed to pay less surplus income obligations into the bankruptcy estate.

Bankruptcy discharge: Is my bankruptcy case over when I get a discharge?

You should by this point in my Brandon Blog realize that when you receive an absolute discharge from your bankruptcy, at that point, you are discharged from your unsecured debts.

A discharge shows that you have finished with your bankruptcy legal process and your personal liability for unsecured debts has ceased. It’s not a separate thing from bankruptcy; it happens either automatically or by an Order of the Court, as I have described above.

At that point, the LIT still has some duties to fulfill. They include:

  • if there is going to be a dividend paid to the creditors, making sure that all proofs of claim have been reviewed and allowed for dividend purposes;
  • resolve any uncertainties the LIT may have concerning certain filed bankruptcy claims, including the issuance of Notices of Disallowance if any;
  • preparing the bankruptcy administration Final Statement of Receipts and Disbursements;
  • getting approval from the Office of the Superintendent of Bankruptcy to the Final Statement
  • getting the Final Statement, including the LIT’s fee and disbursements, approved by the Court;
  • issuing the dividend bankruptcy payments, if any
  • getting the discharge of the LIT

It is then that your bankruptcy case is closed.

Bankruptcy discharge: Do you have too much debt and want to avoid bankruptcy?

Do you have too many debt obligations and debt payments and have no idea how to deal with them? Act before you find yourself in the throes of an emergency financial situation. Ira Smith Trustee & Receiver Inc. has assisted many Canadian businesses and people throughout the Greater Toronto Area (GTA) in dealing with debts that need a plan for Starting Over, Starting Now. Don’t postpone. Give us a call today. Financial problems can be solved while avoiding bankruptcy with timely activity as well as our excellent strategy tailored just for you.

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