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WHAT HAPPENS TO CREDIT CARD DEBT WHEN YOU DIE? A WIDOW’S HUGE VICTORY

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what happens to credit card debt when you die

What Happens to Credit Card Debt When You Die? Introduction

What happens to credit card debt when you die? Credit card debt can’t follow you to the grave but it does live on. It is paid off from estate assets. But if there are no or insufficient assets in the Estate, what then? The traditional thinking and what the bank’s documents say is, that it becomes the responsibility of a joint account holder. That is certainly the advice we gave in our 2019 Brandon’s Blog titled: CREDIT CARD DEBT AFTER DEATH IN CANADA: WHO IS RESPONSIBLE?

Remember that classic hit “I Fought the Law” with the epic line, “I fought the law and the law won”? This tune, penned by Sonny Curtis of the Crickets, got a killer cover by the Bobby Fuller Four, hitting the top ten charts back in 1966. Their rendition even snagged a spot at No. 175 on Rolling Stone’s list of The 500 Greatest Songs of All Time in 2004. And to top it off, the Rock and Roll Hall of Fame dubbed it one of the 500 “Songs that Shaped Rock” that same year. Talk about a rock ‘n’ roll anthem! This Brandon’s Blog is about a widow who fought the law and the widow won!

In a recent legal case at the Supreme Court of British Columbia, the Royal Bank of Canada faced off against Carol Smith (no relation to us) in a debt dispute over a Royal Bank Visa credit card balance. The case delves into intricate details, including the primary issue of Mrs. Smith’s liability for the debt accumulated on the credit card. Let’s dissect the facts, arguments, and final judgment in this high-stakes legal showdown.

What Happens to Credit Card Debt When You Die? Credit Card Debt and Death

How Credit Card Debt Is Handled After Death

Two weeks ago, I wrote the Brandon’s Blog: HOW TO PAY OFF CREDIT CARD: CANADIANS NAVIGATING TO HUGE CREDIT CARD DEBT CRISIS. That blog dealt with issues facing credit card holders when they are alive and their unpaid debt, not about a deceased person.

When someone passes away with outstanding credit card debt, the responsibility for repayment typically falls to the deceased’s estate. The Estate Trustee is responsible for notifying creditors of the death, as well as determining the total amount of debt owed and using the assets of the estate to settle the debts.

If the deceased’s estate is unable to cover the full amount of debt, or even before the bank makes that determination, it will make a demand on any joint account holder or supplementary credit card holder. Individuals need to plan and consider the impact of their credit card debt on their estate to ensure a smooth and orderly resolution of their financial affairs after their passing.

Impact of Credit Card Debt on the Estate

Credit card debt can have a substantial effect on an individual’s estate. Creditors possess the legal entitlement to assert claims against the estate to have their outstanding debts paid from its assets. The Estate Trustee is required to adhere to a specific protocol ensuring all estate debts are properly identified, resulting in a delay before beneficiaries can anticipate receiving their allocated shares from the estate. Settlement of estate debts consequently diminishes the total amount distributed to each beneficiary.

If estate debts exceed the value of the estate, the Estate Trustee is well advised to put the estate into bankruptcy and allow whatever assets there are to pay for the bankruptcy process. This will protect the Estate Trustee given his or her liability taken on by being the Estate Trustee. It will also allow the estate assets to be administered according to the law by a licensed insolvency trustee to treat all creditors fairly.

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what happens to credit card debt when you die

What Happens to Credit Card Debt When You Die? Dealing with Credit Card Debt After Death

Checking for Life Insurance Coverage

The appointed Estate Trustee is advised to promptly inform creditors of the deceased person’s passing and explore any potential insurance coverage that may apply. It is recommended to engage the services of a financial advisor or legal expert to effectively navigate the intricacies involved in settling credit card debt post-mortem. By conducting a comprehensive review of insurance policies and seeking professional assistance, individuals can adeptly handle and resolve any outstanding debt obligations left by the deceased individual.

It is important to first check if the deceased had any insurance coverage that may help cover outstanding debts. This includes checking for credit card balance insurance, mortgage insurance, or any other relevant life insurance policy that may provide coverage. It is advisable to contact the relevant credit card companies, the bank that holds the mortgage and any insurance providers to whom the deceased’s records show payments were made.

Selling Assets to Pay Off Debt

The obvious option in dealing with the debts of the estate when there are sufficient assets, is selling enough of them to pay off the debt. This process involves identifying any valuable assets left behind by the deceased, such as real estate, vehicles, or investments, and liquidating them to generate funds to settle the outstanding debts.

It is essential to collaborate closely with qualified professionals to ensure the legal and ethical execution of this process. By liquidating assets to settle credit card debt and other secured debt or unsecured debt posthumously, one can effectively manage the financial matters of the deceased and facilitate the distribution of remaining assets per the decedent’s directives.

Things become more involved if the deceased wishes specific assets to go to certain beneficiaries, rather than just the cash generated from the sale of all the assets.

The above information is standard for any Estate Trustee to follow, including when we act as an Estate Trustee. But what is the credit card issuer’s position if there is a joint credit card holder? That is what the case of Royal Bank of Canada v. Smith, 2024 BCSC 963 from the Supreme Court of British Columbia is all about.

What Happens to Credit Card Debt When You Die? Introduction to the Case

Let’s dive into the intriguing case between the Royal Bank of Canada (RBC) and a widow, Carol Smith. This legal battle has caught my attention not so much due to the complexities surrounding the debt dispute, but because of the parties involved. Let me walk you through the overview, disputes, and RBC’s application for summary judgment in this case.

Parties Involved

Firstly, we have RBC, the largest financial institution in Canada with a wide reach and unlimited resources. On the other side, we have the widow Carol Smith, the defendant in this case. The contrast between a gargantuan bank and an individual defendant adds an interesting dynamic to this legal conflict.

Debt Dispute and Amount

The crux of the matter lies in a debt dispute over a substantial amount. RBC claimed that Carol Smith owes a total of $51,764.09, including the principal amount and accrued interest on a credit card debt. This significant sum raises questions about the circumstances leading to this debt and the responsibilities of the parties involved.

The bank said the defendant applied for the credit card on February 14, 2001. The deceased Mr. Smith incurred the vast majority of charges on the credit card, and Mrs. Smith made her first charge on June 1, 2015. Over time, the credit limit on the credit card increased, and as of August 25, 2016, the credit limit was $24,000.

The Smiths paid off their monthly credit card balance in full for the first few years, but in late 2016 the balance slowly began to rise. By late 2017 the balance was over the credit limit, and in January 2018 the credit limit was increased to $28,000. Page 7 The last new charges on the card were made in May 2018, and the last automatic payment was made on October 19, 2018.

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what happens to credit card debt when you die

Purpose of Plaintiff’s Application

The RBC as plaintiff filed for summary judgment under Rule 9-7 of the Supreme Court Civil Rules. This application seeks a swift resolution to the dispute, considering the substantial sum at stake and the nature of the issues involved.

Carol Smith acknowledged the suitability of a summary trial, paving the way for a focused legal process to determine the outcome. Her position was that she rarely used her RBC Visa Credit Card, but when she did, she believed she was an authorized user on her husband’s credit card and he was solely responsible for all balances.

Obviously, like every other court case, it comes down to the evidence.

What Happens to Credit Card Debt When You Die? Facts and Evidence Presented

As I delve into the details presented before the court, which involved the Royal Bank of Canada and the defendant, Carol Smith, a clear picture emerges regarding the credit card dispute at hand. The key elements of the case are:

  1. Details of the primary cardholder and the credit card application: The primary cardholder of the credit card in question was Mrs. Smith’s late husband, Alfred Smith. Upon his passing, the focus shifted to determining Mrs. Smith’s liability for the debt accumulated on the card.
  2. Analysis of the Cardholder Agreement terms and obligations: A meticulous review of the Cardholder’s Agreement terms revealed the responsibilities associated with being a co-applicant or an authorized user. The bank relied upon what it stated were the standard definitions and clauses within the credit card agreement.
  3. Examination of the evidence presented by both parties: The court meticulously examined the evidence put forth by both the plaintiff and the defendant. This included witness testimonies, documentation, and arguments presented to ascertain the facts surrounding the case.

From the application process to the complexities of the Cardholder’s Agreement, each element was meticulously scrutinized to determine the liability of the defendant in the outstanding debt matter. Evaluating evidence and legal arguments provided a comprehensive view of the case, offering insights into the intricacies of credit card disputes and contractual obligations.

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what happens to credit card debt when you die

What Happens to Credit Card Debt When You Die? Legal Analysis and Arguments

The courtroom environment, characterized by its atmosphere of anticipation and adherence to procedural rules, provides a structured platform for a thorough analysis and scrutiny of the pertinent facts in question.

Evaluation of Mrs. Smith’s Liability and Contractual Obligations

The crux of the matter lies in determining whether Mrs. Smith, as the widow of the primary cardholder, is indeed liable for the substantial debt accumulated on the credit card. The legal framework, as outlined in the Cardholder’s Agreement, forms the basis for defining the extent of her obligations.

The Bank contended that Mrs. Smith, by accepting and using the credit card, implicitly agreed to be bound by the terms and conditions outlined in the Cardholder’s Agreement. However, Mrs. Smith vehemently denies ever applying for the credit card or consenting to its terms, raising crucial questions regarding the validity of her liability.

Comparison with Similar Cases and Legal Precedents

In legal matters as complex as this, precedent plays a significant role in shaping the outcome. Drawing parallels with previous cases, such as Royal Bank of Canada v. Klassen, 2013 BCSC 631 (CanLII), sheds light on the importance of clarity in determining co-applicant status and consent to credit limit increases.

Through a comparative analysis of these cases, it becomes evident that the burden lies on the bank to substantiate Mrs. Smith’s status as a co-applicant and prove explicit consent to credit limit enhancements. Failure to meet this burden could sway the decision in favour of the defendant.

Interpretation of the Cardholder’s Agreement and Consent to Credit Limit Increases

The interpretation of the Cardholder’s Agreement, particularly concerning credit limits and consent to increases, emerges as a focal point in the legal discourse. The agreement’s language regarding express consent to credit limit enhancements becomes a pivotal factor in determining liability.

As I navigate through the nuances of contractual interpretation, the obligation to review monthly statements and identify errors within a specified timeframe adds a layer of complexity to the case. Mrs. Smith’s adamant denial of ever applying for the credit card underscores the need for concrete evidence to establish her contractual obligations.

In the intricate web of legal analysis and arguments, every detail matters. The meticulous examination of Mrs. Smith’s liability, comparison with legal precedents, and interpretation of the Cardholder’s Agreement paint a vivid picture of the intricate tapestry of the legal system.

What Happens to Credit Card Debt When You Die? Comparison with Previous Cases

As I delve into the details of the current case at hand, I can’t help but draw parallels to a significant legal precedent – the Royal Bank of Canada v. Klassen case. This previous case holds valuable insights and implications that can greatly impact the current judgment.

RBC claimed that its normal practice in the credit card application process was to send a copy of the Cardholder’s Agreement to the cardholders together with the credit cards. RBC further stated that Mrs. Smith breached her agreement with it and that Mr. and Mrs. Smith are jointly and severally liable for the amount owing.

Mrs. Smith denies being a co-applicant and submits that she never expressly consented to any increases to the credit limit. Mrs. Smith denies ever applying for a Bank credit card and further denies ever agreeing to the terms of the Cardholder’s Agreement. If she were a co-applicant, Mrs. Smith or Mr. Smith would need to have given express consent to the credit limit increases.

Reference to the Royal Bank of Canada v. Klassen Case and Its Implications

Looking back at the Royal Bank of Canada v. Klassen case, it becomes evident that there are striking similarities in the issues raised. In that case, the Bank sought judgment against Mr. Klassen for a credit card issued to Ms. Faa. Mr. Klassen’s defence rested on the premise that he was only an additional user on Ms. Faa’s account, not a co-applicant.

The Court’s ruling in the Klassen case highlighted the importance of clear documentation and evidence. As Mr. Klassen denied signing the Co-Applicant Form, the Bank’s failure to produce this crucial document cast doubt on the entire case. The Court ultimately sided with Mr. Klassen due to the lack of concrete evidence supporting the Bank’s claims.

Analysis of the Similarities and Differences in the Two Cases

Now, shifting the focus to the current case, the Court grappled with similar contentious points. Just like in the Klassen case, the issue of co-applicant status and liability comes to the forefront. The bank’s assertions regarding Carol Smith’s involvement with the credit card and the associated liabilities raise key questions that need to be addressed.

One notable similarity between the two cases lies in the burden of proof placed on the bank. In both instances, RBC is tasked with substantiating the claims against the defendants. However, the nuances in each case, particularly regarding the application process and consent to terms, present distinct differences that warrant careful examination.

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what happens to credit card debt when you die

What Happens to Credit Card Debt When You Die? The Final Judgment

Reflecting on the case of Royal Bank of Canada v. Smith, it is essential to delve into the intricate details that led to the final judgment and conclusion, which holds immense significance for all parties involved.

Summary of the Court’s Decision and Reasoning

Having closely examined the evidence presented before the court, it became evident that RBC sought a substantial sum from Mrs. Smith, following the debt accumulated on a credit card. However, after a thorough analysis, it was concluded that the bank failed to produce the actual documentation to establish Mrs. Smith’s liability for the outstanding balance and accrued interest on the card. The court meticulously considered the Cardholder’s Agreement terms, the lack of concrete evidence, and the nuances of Mrs. Smith’s involvement in the credit card application.

Implications of the Judgment on the Parties Involved

The judgment in this case carries profound implications for both the Royal Bank of Canada and Mrs. Smith. It underscores the importance of clear documentation, individual liabilities, and the burden of proof in financial disputes. The Bank’s evidence was what the normal practice of the bank is and what the Cardholder’s Agreement says. However, there was one big problem. RBC was unable to provide a cogent explanation for the Bank’s failure to produce the actual application for Mrs. Smith’s credit card.

For the bank, it serves as a reminder of the necessity to adequately substantiate claims and prove liabilities. On the other hand, for Mrs. Smith, it signifies a just outcome that vindicates her in the face of financial allegations.

What Happens to Credit Card Debt When You Die FAQs

The answers below of course must be considered with the above case in mind.

  1. What happens to credit card debt after death in Canada?
  • The treatment of credit card debt upon death remains consistent in Canada. It is typically settled using funds from the deceased individual’s estate. In cases where a co-signer is present on the credit card account, they may assume responsibility for the full amount owed.
  1. What happens to debt if someone dies with no estate?
  • In the circumstance where an individual passes away with outstanding debts and lacks sufficient assets to settle them, typically, those debts will remain unpaid. An exception to this would be if the deceased had jointly signed for the debt with another party, in which case the co-signer would assume responsibility for repayment of the remaining balance.
  1. Do not pay back a creditor if it’s not a requirement. Is this true for credit card debt after death?
  • Creditors have the legal right to pursue the assets of the deceased individual’s estate to settle outstanding credit card debts post-mortem. It is important to note that the obligation to settle these debts generally does not extend to other family members unless they have specifically co-signed on the credit account in question.
  1. Can credit card debt be transferred to another party after death?
  • Credit card debt is not transferable to another party unless that party was a co-signer on the account or as part of a joint account. Following the passing of the account holder, the responsibility for settling the credit card debt lies with the deceased’s estate, which must address this obligation before distributing assets to beneficiaries.

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    what happens to credit card debt when you die

What Happens to Credit Card Debt When You Die Conclusion

One of the pivotal takeaways from this case is the significance of contractual obligations and the need for explicit consent in financial agreements. More importantly, it shows the need to be able to produce the actual documents you are relying upon. It underscores the critical role of evidence and clarity in establishing liabilities. Additionally, it highlights the importance of due diligence in legal proceedings and the weight of proof in matters of debt and financial responsibility.

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

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

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

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

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

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

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

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PAYCHEQUE TO PAYCHEQUE LIFESTYLE: THE HUGE DISCONNECT BETWEEN THE BANK OF CANADA AND EVERYDAY CANADIANS

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Paycheque to Paycheque Introduction

Living paycheque to paycheque has become a harsh reality for many Canadians, despite the Bank of Canada’s optimistic economic outlook. In this Brandon’s Blog, I delve into the stark contrast between the Bank of Canada’s perception of how households are coping with higher interest rates and the actual struggles faced by everyday Canadians trying to meet their cost of living in Canada.

The term “savings guilt” has emerged as more households find themselves unable to save for the future due to rising living costs and stagnant incomes. Let’s explore this disconnect and shed light on the challenges of living paycheque to paycheque in today’s economic landscape.

Understanding the Concept of Living Paycheque to Paycheque

Definition of Living Paycheque to Paycheque

Living paycheque to paycheque refers to a financial situation where individuals rely solely on each paycheque to cover their expenses. It used to mean that those people were left with little to no savings or emergency funds. Today in our rising cost and higher interest rate environment, it means that more people are having trouble even meeting their required monthly living expenses and certainly nothing to handle emergency expenses.

This lifestyle often leads to financial stress, limited flexibility, and a constant struggle to make ends meet. Individuals living paycheque to paycheque may find it challenging to plan for the future, handle unexpected expenses, or break free from the cycle of paycheque dependency. It highlights the need for better government policies, financial management, savings habits, and support systems to help individuals build a more secure financial foundation.

Real-Life Factors Influencing People Living Paycheque to Paycheque

A person’s financial stability is greatly influenced by a myriad of factors, which can exhibit significant variations. These factors, ranging from personal circumstances such as the security of employment and income levels to external forces like prevailing economic conditions and market trends, hold the power to mould the financial management strategies of individuals. Furthermore, lifestyle choices, spending habits, and the pursuit of financial objectives also exert a profound impact on the decision-making processes. Acquiring a comprehensive understanding of these factors becomes indispensable in effectively addressing the challenges associated with living paycheque to paycheque, and in making judicious financial choices that pave the way towards a more secure future.an image of a broken piggy bank with a few coins falling out and a very worried woman to reflect that she is living paycheque to paycheque in Canada and is very stressed out over the fact that she can barely afford her minimum living expenses.

Factors Affecting Living Paycheque to Paycheque

When it comes to facing financial challenges, it’s crucial to delve deeper into the root causes that contribute to these obstacles. As a financial adviser who has worked closely with clients grappling with savings guilt and living paycheque to paycheque, I understand the multifaceted nature of these struggles.

One significant aspect of understanding the root causes of financial challenges is identifying the external factors at play. It’s common for individuals to feel personally responsible for not being able to save enough, but the truth is that the affordability crisis is largely influenced by factors beyond our control. The rising cost of essential expenses such as bills, housing, and food coupled with stagnant household incomes can create a daunting financial landscape that makes saving a challenging feat.

Cost of Living in Canada

The increasing cost of living poses a significant worry for numerous Canadians, amplifying the difficulties of living from one paycheque to another. From skyrocketing housing prices to escalating grocery costs, day-to-day expenses continue to surpass income growth, leaving individuals grappling to make ends meet. This financial burden not only affects immediate financial stability but also restricts long-term savings and investment prospects.

With the ongoing rise in the cost of living, more Canadians find themselves compelled to prioritize necessities over discretionary spending, further perpetuating the cycle of dependence on their paycheques. Tackling this issue necessitates a comprehensive approach that takes into account both macroeconomic policies and personal financial management strategies.

Income Disparities and Inflation

Income disparities and inflation exacerbate the challenges faced by Canadians living paycheque to paycheque. As income inequality widens, many individuals struggle to keep up with the rising cost of living, leading to a cycle of financial instability. Inflation further erodes the purchasing power of these individuals, making it increasingly difficult to make ends meet. The combination of stagnant wages and increasing expenses creates a significant burden on those already living on the edge. Addressing these issues is crucial to ensure a more equitable society where all individuals have the opportunity to achieve financial security and stability.

Increasing Consumer Debt

Many Canadians are currently facing the reality of living paycheque to paycheque due to the continuous increase in the cost of living. This unfortunate financial situation has led to a significant surge in consumer debt across the country. Recent statistics reveal that core working-age households, specifically those aged 35 to 64, had the highest debt-to-income ratios in the fourth quarter of 2023. For individuals aged 55 to 64 years, the ratio stood at 160.5%, while for those aged 35 to 44 years, it reached a staggering 247.9%. The debt burden for core working-age households grew at a faster pace than their disposable income, particularly for those aged 55 to 64, as higher debt charges offset their employment income gains.

This concerning trend is directly linked to the rising costs of housing, transportation, and other essential expenses. Struggling to meet their basic needs with limited income, individuals are compelled to rely on credit cards and loans. Unfortunately, this dependence on credit has paved the way for a never-ending cycle of debt, hindering individuals from attaining financial stability.

Addressing this issue requires the attention of policymakers and financial institutions. Solutions must be found to alleviate the burden of living paycheque to paycheque and to effectively tackle the escalating consumer debt in Canada.

Overview of the Bank of Canada’s Role in the Paycheque to Paycheque Lifestyle

Overview of the Bank of Canada

The Bank of Canada assumes a pivotal role in shaping the economic landscape of the nation through the formulation of monetary policies and diligent monitoring of key economic indicators. Serving as the central bank, its primary objective revolves around upholding price stability and fostering a robust economy. By making informed decisions concerning interest rates and inflation targets, the Bank of Canada exercises a significant influence over borrowing costs, investment choices, and the overall trajectory of economic growth.

Nevertheless, it is crucial to acknowledge the evident disparity between the Bank’s perception of how Canadian households are coping with higher interest rates and the harsh reality of numerous families living paycheque to paycheque. This pronounced discrepancy underscores the imperative for a more profound comprehension of the challenges faced by ordinary Canadians.

The Bank of Canada Disconnect to the Canadian Reality

Senior Bank Deputy Governor Carolyn Rogers recently emphasized at a news conference that households seem well-positioned to manage their financial obligations effectively despite the changing interest rate environment.

The Bank of Canada’s view is that during the pandemic, many households and businesses bolstered their liquid assets, providing them with a cushion to navigate economic uncertainties. The trend of mortgage borrowers with flexible rate mortgages making advance lump sum payments highlighted a strategic approach towards debt management, further strengthening their financial positions.

The way the Bank of Canada sees the Canadian economy, while the discussion around lowering borrowing costs is pertinent, as policymakers they are focused on inflation; their focus is on macroeconomics, not microeconomics. They are betting on Canadian households to be able to withstand higher interest rates for an extended period to focus on reducing Canadian economic,recession risks.

The way the Bank of Canada sees it:

  • Canadians are proactively adjusting to higher interest rates to maintain financial stability.
  • Households have demonstrated resilience in servicing their debts even amidst rising costs.
  • The rise in wages and savings has played a crucial role in improving debt management practices.

Yet, one of the primary concerns highlighted by the Bank of Canada is the vulnerability of non-mortgage borrowers, particularly those with high-interest debt made up mainly of credit card and auto loan current debt payments. The central bank’s report indicates that a significant proportion of non-mortgage borrowers are struggling to meet their credit obligations, with some surpassing pre-pandemic levels of payment delinquency. This underscores the importance of monitoring the financial health of all types of borrowers, not just those with mortgages. It also highlights the disconnect between the central bank and everyday working Canadians.

Looking ahead, the forthcoming decisions by Governor Tiff Macklem and his team regarding interest rates are crucial. The upcoming period will offer insights into their view on the effectiveness of policy measures in sustaining economic stability.an image of a broken piggy bank with a few coins falling out and a very worried woman to reflect that she is living paycheque to paycheque in Canada and is very stressed out over the fact that she can barely afford her minimum living expenses.

Strategies for Breaking the Paycheque to Paycheque Cycle

Mental Health First: Understanding the Root Causes

When it comes to facing financial challenges, it’s crucial to delve deeper into the root causes that contribute to these obstacles. As a licensed insolvency trustee who has worked closely with clients grappling with savings guilt and living paycheque to paycheque, I understand the multifaceted nature of these struggles.

One significant aspect of understanding the root causes of financial challenges is identifying the external factors at play. It’s common for individuals to feel personally responsible for not being able to save enough. Still, the truth is that the affordability crisis is largely influenced by factors beyond our control. The rising cost of essential expenses such as utilities, taxes, housing, and food coupled with stagnant household incomes can create a daunting financial landscape that makes saving a challenging feat.

Chantel Chapman, the CEO and co-founder of Trauma of Money located in British Columbia, aptly points out the importance of questioning the origins of our shame and guilt surrounding financial struggles. Many individuals allocate a substantial portion of their income towards meeting basic needs, leaving little room for emergency savings or investment. This financial strain can lead to feelings of inadequacy and health issues, especially when comparing your household finances to others who appear to effortlessly save.

Moreover, external factors like economic fluctuations, high rental costs, and interest rates can significantly impact an individual’s ability to save. Research conducted by Coast Capital revealed that a considerable segment of the Canadian population experiences financial shame, which can take a toll on mental and emotional well-being. It’s crucial to break free from this guilt cycle by acknowledging and challenging these negative self-perceptions.

By recognizing the connection between our thoughts and physical responses, we can begin to untangle the source of our guilt. Distinguishing between internal and external guilt is a pivotal step in regulating our nervous system and paving the way for practical solutions. Seeking support from friends, undergoing budget reviews, and adjusting spending priorities are effective strategies for combating financial guilt.

It’s essential to de-personalize guilt and understand that everyone’s financial journey is unique. The culture of comparison, amplified by social media, can further exacerbate feelings of inadequacy and financial guilt across various age groups. Young individuals may feel pressured to save for major milestones like purchasing a home, parents may grapple with securing their children’s future, and individuals nearing retirement may worry about meeting their savings goals.

Overcoming savings guilt necessitates a shift in mindset, heightened self-awareness, and a readiness to challenge societal norms of comparison and perfection. By reevaluating our relationship with money, acknowledging external influences, and taking proactive steps toward financial well-being, we can liberate ourselves from the cycle of guilt and forge a path toward a more secure financial future.

Creating a Household Budget and Sticking to It

Another essential strategy for alleviating ‘savings guilt’ is setting realistic savings goals and budgeting monthly payments effectively. It’s important to create achievable milestones for personal finances that reflect your income, expenses, and long-term aspirations. By breaking down savings targets into manageable increments, the process becomes less daunting and more attainable.

Preparing a realistic monthly budget and sticking to it s also key for both living within your means and for successful savings management. By tracking income and expenses, individuals can identify areas where adjustments can be made to optimize savings potential. Implementing strategies such as automatic transfers to a savings account or cutting back on non-essential expenses can contribute significantly to reaching financial goals.

Taking the initiative to actively participate in financial planning and actively seeking expert advice can result in gaining a clear understanding and enhanced assurance when making important financial choices.

Establishing attainable savings targets and effectively managing one’s budget are essential measures in addressing feelings of guilt associated with saving money. By adopting these approaches and actively making sound financial decisions, individuals can conquer the burden of ‘savings guilt’ and pave the path towards a more stable and secure financial future.

While cutting expenses and adopting frugal practices can aid in the savings process, exploring alternative avenues to increase earnings is equally important. Leveraging employee benefits, focusing on long-term financial objectives, and tracking progress can instill a sense of direction and purpose in one’s financial journey. It’s crucial to get creative with income streams and consider options like taking on second jobs or side hustles to bolster financial stability.

Prioritizing Debt Repayment and Building an Emergency Fund

Living paycheque to paycheque has become a common reality for many Canadians. Surveys have reported that about half of Canadians are $200 or less away from financial insolvency every month. This highlights the importance of household budgeting, the need for debt repayment and creating an emergency fund.

But where will this money come from when it is costing Canadians all or more than their entire paycheques for necessities? With rising living costs and stagnant wages, it is crucial for individuals and families to carefully manage their finances. A well-planned household budget can help individuals track their expenses, prioritize spending and save for future goals. Additionally, establishing an emergency fund can provide a safety net for unexpected expenses such as job loss, medical emergencies, or home repairs. Canadians need to prioritize budgeting and creating an emergency fund to avoid financial instability and build a secure financial future.

However, right now, the data suggests Canadians do not have the means to save for financial freedom as they still need to borrow on credit cards and lines of credit to make up for an income gap.

Government Programs and Support

Prime Minister Justin Trudeau is also focused on macroeconomic issues and ignoring the message about affordability we get daily. In his April 2024 address to the Canadian Chamber of Commerce, he underscored the importance of intergenerational opportunity. He emphasized Canada’s role as a global leader, particularly in innovation, artificial intelligence, clean energy and technology. His remarks resonated strongly, emphasizing the critical role of proactive engagement in shaping a brighter future for Canada and the world. Big on words, short on solutions.

To address the growing issue of more Canadian households living paycheque to paycheque, policymakers should consider implementing measures such as increasing the minimum wage to reflect the rising cost of living, providing tax incentives for saving and investing (instead of just raising revenue to try to pay for the massive deficits the Liberal federal government has been running for years) and offering real affordable housing options. Additionally, financial education programs should be integrated into school curriculums to improve financial literacy from a young age. By taking these steps, policymakers can help alleviate the financial burden on Canadian households and promote a more sustainable and secure financial future for all citizens.

Paycheque to Paycheque FAQs

  1. Why are so many Canadians living paycheque to paycheque?
  • Many Canadians are living paycheque to paycheque due to the rising cost of living, stagnant wages, and high levels of debt.
  1. What lifestyle changes can help alleviate end-of-month stress for those living paycheque to paycheque?
  • Some lifestyle changes that can help include cutting back on unnecessary expenses, meal planning to reduce food costs, and finding ways to increase income through side hustles or part-time work.
  1. How can budgeting techniques help those living paycheque to paycheque?
  • One can enhance their financial management skills and effectively allocate their funds by employing various budgeting strategies. Techniques, such as formulating a monthly budget, meticulously monitoring expenses, and establishing financial objectives, enable individuals to gain better control over their finances and effectively prioritize their expenditures.
  1. What are some ways to increase income for those living paycheque to paycheque?
  • Increasing income can be achieved through finding a higher-paying job, taking on freelance work, selling unused items, or investing in education or skills training to enhance career opportunities.
  1. How can managing debt be a challenge for those living paycheque to paycheque?
  • Managing debt can be challenging for individuals living paycheque to paycheque as it can be difficult to make regular payments and reduce debt while also covering essential living expenses. Finding ways to lower interest rates, consolidate debt, or seek financial counselling can help in managing debt effectively.

Paycheque to Paycheque Conclusion

We must address the stark reality of Canadian households living paycheque to paycheque. The disconnect between the Bank of Canada’s perception and the lived experiences of everyday Canadians demands urgent attention. To alleviate the financial burdens and “savings guilt” faced by many, a call to action for improved economic policies is essential. By implementing targeted measures that address income disparities, rising costs of living, and promoting financial literacy, we can pave the way for a more financially secure future for all Canadians. It is time for policymakers to prioritize the well-being of their citizens and enact meaningful change.

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

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

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

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

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

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

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

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.an image of a broken piggy bank with a few coins falling out and a very worried woman to reflect that she is living paycheque to paycheque in Canada and is very stressed out over the fact that she can barely afford her minimum living expenses.

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NAVIGATING THE CANADIAN CREDIT CARD MINIMUM PAYMENT CRISIS: A COMPREHENSIVE REPORT ON RECORD-HIGH CREDIT CARD BALANCES

A husband and wife experiencing massive financial stress over their very high credit card balance
credit card minimum payment

Credit card minimum payment crisis: Introduction

In today’s high-interest setting, handling financial obligations has actually ended up being even more vital for people. With increasing rates of interest, it is necessary for Canadians to have a distinct budget plan as well as be mindful of their spending habits. By applying efficient strategies such as monitoring expenses, focusing on debt repayment, and even seeking advice from a professional, individuals can take proactive actions toward handling their financial debt as well as enhancing their financial well-being.

The increasing credit card balances in Canada and the resulting high credit card minimum payment requirements are a reason for worry. Equifax Canada reports that in the 2nd quarter of this year, total credit card balances in Canada reached an all-time high of $107.4 billion. This, along with the shocking consumer debt of $2.4 trillion, paints a worrisome image of Canadians’ financial circumstances in the nation.

In this Brandon’s Blog post, we will certainly check out the variables contributing to this alarming fad and go over potential remedies for people to manage their financial debt efficiently.

Overview of the Canadian credit card system

The Canadian credit card system is a well-established and regulated industry that caters to a wide range of consumers, from individuals to businesses of all sizes. The system is overseen by the Financial Consumer Agency of Canada and the Office of the Superintendent of Financial Institutions, which ensure that credit card issuers and lenders follow strict guidelines and regulations.

There are numerous credit card options available in Canada, ranging from basic cards with no annual fees to premium rewards cards with high annual fees. Consumers are encouraged to compare rates, rewards, and terms of various credit cards before selecting one that best fits their needs and financial situation. Overall, the Canadian credit card system offers a reliable and diverse range of options for consumers and businesses alike.

A husband and wife experiencing massive financial stress over their very high credit card balance
credit card minimum payment

Definition of credit card minimum payment crisis

The Canadian credit card minimum payment crisis really is “a thing”. It’s a bit of a tricky situation where some people are having a tough time paying off their credit card debt on time when the credit card statement arrives. Their current balance each month is very high, so, they can only afford to make their monthly credit card minimum payment amount. Unfortunately, this has led to a lot of people getting stuck in a cycle of debt, with their credit card balances just getting bigger and bigger.

It’s not a great situation, and it’s mainly caused by credit card companies charging really high interest rates. To make things worse, this can have a pretty big impact on people’s financial health. That’s why it’s super important that we pay attention to this issue and work together to find solutions.

Credit card minimum payment: The alarming statistics

The level of consumer debt in Canada has actually reached an alarming level. As of the 2nd quarter in 2023, the complete consumer debt stands at an incredible $2.4 trillion. This implies that Canadians are lugging around a considerable amount of debt on their shoulders.

One certain area of worry is charge card outstanding balances owing to all Canadian credit card issuers. The complete Canadian credit card debt of $107.4 billion mentioned above is an all-time high. This suggests that Canadians are relying greatly on their credit cards to finance their day-to-day costs and are often having a hard time paying off the balances in a timely manner. Hence only the credit card minimum payment is being paid every month.

These statistics are a wake-up call for individuals to resolve their debt and financial management approaches. High levels of financial debt can bring about monetary anxiety and also can limit people’s capability to attain their financial goals. It is vital for Canadians to take aggressive steps to manage their financial debt as well as restore control of their financial resources.

A husband and wife experiencing massive financial stress over their very high credit card balance
credit card minimum payment

Credit card minimum payment: The impact of high consumer debt

Excessive consumer financial indebtedness possesses the capacity to wield a profound impact on an individual’s fiscal well-being. It possesses the potential to initiate a recurring loop of financial commitments, wherein individuals encounter considerable difficulty in meeting their customary monthly disbursements, often resorting to the utilization of credit cards or loans as a means to underwrite their fundamental living costs.

This, in turn, may precipitate a descent into an ever-expanding abyss of financial obligations, accompanied by the burden of exorbitant interest disbursements, culminating in an overarching ambiance of financial strain.

Moreover, high degrees of financial debt impede people’s capacity to save for the future. When a substantial portion of earnings is allotted towards debt settlements, there is less money offered for financial savings as well as investments. This can hamper people’s capability to attain their stable financial objectives, such as homeownership, entrepreneurship, or retirement cost savings.

Credit card minimum payment: Factors contributing to high debt levels

The rising cost of living mixed with high interest rates are major contributors to the boosting debt levels in Canada. Canadians are depending more on credit cards to supplement their income in order to manage their living expenses. This technique may become difficult to sustain as the credit card debt levels and the credit card minimum payment each month continue to rise. Left unchecked, eventually, they will become unsustainable. In addition, the Bank of Canada’s steady interest rate increases while trying to combat inflation, have actually additionally aggravated the financial debt concerns for Canadians.

Living costs, such as housing, transportation, and food, have been continually increasing over the last few years. This has placed additional strain on the finances of Canadians, making it hard for them to cover their fundamental requirements without counting on their credit card to fill in for their income gap. The cost of housing has increased, particularly in major cities like Vancouver and Toronto. Consequently, families are juggling considerable amounts of financial obligations in order to afford a place to live and food to eat.

In addition, the higher interest rates on loans and credit cards make it more challenging for individuals to repay their financial obligations. With annual credit card interest rates running at 20% or more, it is no wonder that many Canadians can only afford to pay their credit card minimum monthly balance and no more. For those individuals who are making only their monthly credit card minimum payment, a substantial part of their credit card payment goes towards interest as opposed to paying the principal amount owed. Therefore, debt levels can rapidly spiral out of hand.

Relying upon credit cards to augment your income might inadvertently push you into the labyrinth of debt, a precarious path that could swiftly usher in an endless spiral of indebtedness. It becomes imperative to grasp the notion that this course of action harbours substantial risks, capable of precipitating an unceasing vortex of financial burden.

Fortuitously, the capability resides within you to seize command of your financial affairs and institute constructive alterations. The moment has arrived to initiate contemplation regarding the intricacies of budgeting and strategizing for your household expenditures, as opposed to merely leaning on credit cards to bridge the fiscal chasms. Through this proactive approach, you can elude impulsive expenditures and rigorously monitor your financial outflows.

In light of the escalating interest rates, the significance of vigilantly attending to your household budget cannot be overstated. While this endeavour may initially appear daunting in its intricacy, it signifies an opportune moment to embark on a transformative journey toward a more auspicious fiscal horizon. Keep in mind, that the capacity to effectuate change lies well within your grasp.

The climbing cost of living and higher interest rates are the major factors in the increasing financial obligation levels of Canadians. People are counting on credit cards to improve their cash flow and only being able to make their credit card minimum payment each month. This strategy becomes tougher with each passing month. Furthermore, the increase in rates of interest has served to intensify the financial debt worry for Canadians. Left unchecked, this will only lead to more Canadians faltering under such a cycle of debt.

A husband and wife experiencing massive financial stress over their very high credit card balance
credit card minimum payment

Credit card minimum payment: Struggles with basic necessities

As financial debt levels rise, financial stress is taking a toll on people and families, highlighting the urgent requirement for effective debt management approaches.

Food

Among one of the most basic necessities of life is food. However, for many Canadians burdened with financial debt, putting food on the table has actually ended up being a daily struggle. Rising living expenses, stationary salaries, as well as high levels of debt make it challenging for people as well as families to pay for nutritious food.

The expense of food has actually been steadily rising, being a main driver of as well as really outmatching the rising cost of living in most cases. This, integrated with limited funds, leads to tough selections for individuals and families. Some may resort to acquiring less costly, processed foods with low nutritional value, while others might avoid meals completely.

The lack of ability to afford proper nourishment not only influences physical health but also psychological health and overall health. Canadians facing this battle might experience greater degrees of tension and anxiety, which can even worsen their monetary circumstances.

Transportation

Another basic need that becomes tough to afford under rising debt is transportation. Lots of Canadians depend on cars and trucks or mass transit to commute to work, gain access to healthcare, or run essential duties. Nevertheless, the expense of owning and preserving an automobile or paying for public transportation can swiftly accumulate, leaving little room to allocate for various other daily requirements.

For individuals residing in areas with restricted public transport alternatives, possessing one or more vehicles ends up being necessary for daily activities. However, the prices connected with car loan payments, insurance policy, gas, and upkeep can become overwhelming, especially when incorporated with other financial responsibilities.

Even for those who rely upon public transportation, the cost of fares can be a considerable concern. While some cities have executed subsidized transportation programs for low-income individuals, not all Canadians have access to such support.

Housing

Budget-friendly real estate is an essential necessity for all individuals and families. However, with climbing house prices, rents and increasing debt levels, numerous Canadians are struggling to locate and maintain ideal living arrangements.

The high expense of rental costs or home mortgage payments, combined with various other housing-related costs such as utilities, property tax and insurance, can rapidly eat into a family spending plan. This leaves little room for various other crucial expenses and also boosts financial tension.

Additionally, limited inexpensive housing choices imply that those who are lucky enough to find low-cost living arrangements are paying for that in another way. To get affordable housing, numerous Canadians are required to reside in inadequate or risky conditions. This compromises their total health and can have long-term health and wellness ramifications.

Credit card minimum payment: The importance of addressing debt and financial management

Given these disconcerting statistics, it is essential for people to address their financial debt and execute efficient financial monitoring methods. The first step is to create a sensible budget that lays out revenue and expenditures. By monitoring expenditures and identifying areas where spending can be decreased, people can free up additional money to put in the direction of debt repayment.

An additional strategy to consider is debt consolidation. This involves incorporating several debts into one financing, commonly with reduced rates of interest. Financial debt consolidation can make it simpler to manage debt by simplifying month-to-month payments and reducing the overall amount of interest paid.

It is additionally important to establish a reserve. A reserve can provide a safeguard against unexpected costs and also can help stop individuals from counting on credit cards or personal loans to cover emergency expenses. Building a reserve requires time, yet beginning with little, routine payments can make a considerable distinction gradually.

Finally, looking for professional advice may be valuable for people who are struggling with financial debt. Credit counselling, but only from non-profit community organizations, can supply support and assistance in managing financial debt, creating a budget, and also creating a strategy to end up being debt-free.

Take control of your financial future by addressing your financial obligations and implementing efficient financial monitoring techniques. Keep in mind, that it is never too late to begin working towards a financially stable future.

By taking proactive actions to deal with debt as well as applying sound financial budgeting and monitoring approaches, people can gain back control of their finances as well as work in the direction of long-lasting financial stability. It might need dedication and sacrifices, but the rewards of economic flexibility and comfort are priceless.

A husband and wife experiencing massive financial stress over their very high credit card balance
credit card minimum payment

Credit card minimum payment: Effective debt management strategies

To get over the battle with basic requirements caused by mounting financial debt, Canadians need reliable financial debt monitoring techniques. Below are some crucial actions people can take:

  • Create a household budget plan and stay with it. Tracking revenue as well as costs is essential for recognizing where costs can be lowered and savings can be made.
  • Prioritize debt payment. Focus on paying off high-interest debts initially, such as credit cards or payday advance loans, to minimize the rate of interest charges.
  • Check out financial debt consolidation alternatives. Rolling several high-interest-rate financial obligations into a solitary lower-rate loan can make repayments much more workable.
  • Look for professional guidance. Consulting with a financial consultant or non-profit credit counsellor can provide beneficial advice on handling debt as well as boosting financial wellness.
  • Think about debt relief programs. In extreme cases, people dealing with unrestrained financial obligations may take advantage of government-approved debt relief options such as a consumer proposal. These ought to be thought about as a last option after checking out all other opportunities.

By embracing effective financial debt administration techniques along with taking proactive action in the direction of lowering financial commitments, Canadians can alleviate their monetary tension and acquire back control over their lives. The fight to pay for the essential requirements of life in the face of mounting financial obligations is a problem in Canada. It is essential for our federal policymakers to acknowledge the injury they are doing to Canadians and address this troubling situation.

Credit card minimum payment: The consequences of accumulating debt

The act of accumulating debt, particularly through the use of credit cards with high balances, can significantly impact an individual’s financial stability. The consequences that may arise from such a situation can be numerous and severe, including:

  • High-interest payments: Credit cards commonly feature a high annual interest rate, which significantly boosts the expense of carrying an outstanding balance. As the financial obligation accumulates, people find it costing them a lot more in interest charges, making it tougher to pay back the actual amount originally charged. When people try to conserve cash by only making the credit card minimum payment, the total debt keeps ballooning. This makes it so you can never catch up.
  • Damages to the credit report: When credit card balances continue to rise and be high, it negatively influences people’s credit scores. This is a considerable factor in determining their credit rating. A reduced credit score can make it tough to get new loans or get a beneficial rate of interest in the future.
  • Financial stress and anxiety: The burden of high credit card balances can trigger significant stress and anxiety. Individuals may constantly worry about their financial obligations and battle to satisfy their monetary obligations, causing a decreased lifestyle that can certainly lead to anxiety, depression and other health problems.
  • Limited economic flexibility: High bank card balances limit people’s financial flexibility and prevent them from accomplishing their financial objectives. It becomes difficult to save for emergency situations, spend on necessities, or make a significant purchase when a large part of their income goes towards trying to maintain financial debt repayment.

Credit card minimum payment: Conclusion

I hope you enjoyed this credit card minimum payment Brandon’s Blog. If you’re struggling with managing your debt in a high-interest environment, don’t worry – there are some things you can do to take control of the situation. First, it’s important to create a realistic budget and track your expenses. From there, you can prioritize your debt repayment and make consistent payments to chip away at what you owe. It’s also a good idea to seek professional financial advice to help guide you through the process. Just remember, managing debt is a gradual process that requires commitment and determination, but you can do it! So don’t hesitate to reach out for help from financial professionals.

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

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

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

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

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

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

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

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

 

A husband and wife experiencing massive financial stress over their very high credit card balance
credit card minimum payment
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FEDERAL BUDGET 2023 AND PREDATORY INTEREST RATES: WHAT EVERY ENLIGHTENED CONSUMER MUST KNOW

interest rates

Interest rates: Introduction

From the 2023 Federal Budget, the Canadian federal government has garnered significant attention for its proposed measures regarding interest rates on predatory loans. This initiative has been lauded by activists as a commendable effort towards safeguarding consumer interests, promoting financial inclusivity, and antipoverty measures.

The budget aims to oversee the financial sector and extend protection to vulnerable Canadian consumers who may face challenges in accessing conventional bank loans. The budget is focused on facilitating economic policies that foster financial empowerment, encourage community development, and support grassroots initiatives.

In the wake of the ongoing COVID-19 pandemic, the Liberal government has made a noteworthy declaration regarding lowering criminal interest rates. Presently, the rates stand at an exorbitant maximum interest rate of 60%, leading to severe hardships for many individuals in repaying their loans. Therefore, the government has proposed a reduction of the maximum interest rate to an approximate annual interest rate, or as is formally described as the annual percentage rate (APR) of 35%, down from its existing equivalent of 47% APR. This move is anticipated to provide crucial respite to Canadians grappling with the financial repercussions of the pandemic and is reflective of the government’s proactive stance toward ensuring the welfare of its citizens.

In this Brandon’s Blog, I discuss this pivotal development in the Canadian financial landscape. As the government continues to prioritize the welfare of its citizens, this budget holds the potential to usher in positive changes in our society concerning predatory loans. I examine key terminologies such as federal budget, interest rates, and consumer protection alongside other pertinent phrases like anti-poverty measures, advocacy, and grassroots movements.

Hopefully, this Brandon’s Blog will also provide you with some insight into financial regulation, economic policy, and social justice and lead to a discussion of the impact of this budget on Canadians and their overall financial well-being.

Interest rates: Background information on predatory loans

Predatory lending is a financial practice that exploits vulnerable individuals, often resulting in excessive interest rates, undisclosed charges, and onerous repayment terms. These loans can be particularly damaging to borrowers as predatory loans make it next to impossible for vulnerable consumers to meet their obligations, leading to a cycle of debt.

Exorbitant interest rates that surpass the threshold of 60% annually have been classified as criminal interest rates under the Canadian Criminal Code. The culprits of this offence often include payday lenders, loan sharks, and other predatory lenders who exploit financially vulnerable Canadians. Typically, these lenders prey on those who belong to low-income households, those with a very poor credit score, new immigrants, and seniors who possess insufficient knowledge of the country’s financial system.

However, the Canadian Federal Government is proactively addressing this issue in its 2023 budget. The budget includes provisions to cap the interest rates charged by predatory lenders and support programs offering debt relief and financial empowerment.

This initiative demonstrates a commitment to promoting social justice and anti-poverty measures through economic policy. The efforts of activists and advocacy groups have been instrumental in advancing these measures.interest rates

Explanation of the Federal Government’s decision to cut interest rates on predatory loans

The Federal Government has decided to reduce interest rates on predatory loans, which typically offer short-term lending options at exorbitant rates of interest. These loans are often marketed to individuals who are facing financial instability, leading to a cycle of debt that can be challenging to break.

The Criminal Code limits the legal interest rate to a 60% annual rate. Any annual percentage rate above that is a criminal rate of interest. That criminal rate level has been in place since 1980 when the Bank of Canada’s overnight rate was 21%! Currently, some provinces permit the exemption for payday lenders resulting in exorbitant interest rates for payday loan options of up to $1,500 for a period of 62 days or less.

For the purpose of context, it deserves noting that the ceiling for the criminal interest rate has actually regularly exceeded the rates of interest levied by banks on their typical financing and mortgage products. Additionally, the maximum rate has gone beyond even the highest interest-bearing financing product supplied by financial institutions, credit cards, which commonly bring reasonably steep interest rates of approximately 19 to 20 percent.

The Government is proposing to lower the criminal interest rate to 35%, which is the rate established in Quebec. Provincial consumer protection laws mandate that any interest rate above this level would be deemed unlawful.

Interest rates: Common characteristics of predatory loans

Predatory financial products have long been identified by their high-interest rates, obscured junk fees, and unconscionable repayment terms, leading to a cycle of debt from which borrowers struggle to extricate themselves. As such, the budget’s emphasis on consumer protection, financial regulation, and social justice reflects a governmental commitment to the advancement of financial inclusion, debt relief, and anti-poverty measures.

These lending instruments often associated with payday lenders are designed to target low-income Canadians who are either vulnerable or have limited access to traditional financing channels. With exorbitant rates and fees, such loans often ensnare borrowers in a debt trap that is difficult to escape. The proliferation of predatory loans has inflicted serious damage on borrowers, and so it is imperative to thwart such practices through the implementation of effective regulatory measures.interest rates

The Federal Government’s decision to cut interest rates on predatory loans

The Canadian Federal Government’s implementation of reduced interest rates on predatory loans, as unveiled in the Federal Budget document, has garnered acclaim from social justice activists and financial empowerment proponents. This progressive step towards limiting interest rates on predatory loans has been a long-sought-after triumph for advocates who have tirelessly campaigned for this alteration over the years. The government’s decision to restrict interest rates on such loans to 35% will serve to shield borrowers from the detrimental cycle of debt arising from predatory lending practices, a particularly pressing concern given the surge in such practices during the COVID-19 pandemic, which has rendered countless individuals financially distressed.

Predatory lending practices have the potential to cause irrevocable harm to borrowers, with those already grappling to make ends meet being especially vulnerable. By imposing inflated interest rates and fees, predatory lenders are able to ensnare borrowers in an endless cycle of debt, thereby exacerbating the financial difficulties they face. Such actions not only impact the individuals involved but have wider-reaching implications.

Interest rates: Criticism of the government plan

Despite receiving praise from consumer and social justice advocates, the choice to reduce the interest rate on predatory loans in the 2023 Federal Budget has met some opposition. Critics have expressed the problem that this step can cause a greater rate of bankruptcies. They say that if this class of lenders is no longer willing to offer loans to these risky customers, they will leave the marketplace as a result of interest rates being capped. In that event, credit accessibility will no longer be available to those vulnerable people in Canada.

In addition, some critics state that the government should focus on establishing programs fostering financial inclusion, debt relief, and financial empowerment rather than enforcing rate of interest caps. They believe that caps on interest rates may not appropriately address the origin of poverty as well as exclusion.

Nonetheless, advocates of this regulatory measure see it as a necessary step towards shielding vulnerable Canadians, especially lower-income Canadians.interest rates

Benefits of cutting interest rates on predatory loans

The federal government’s budget proposal to lower the criminal rate of interest is expected to have a substantial influence on Canadians that are battling to repay their loans. Reduced interest rates will make it less complicated for Canadians to do so while hopefully being able to avoid falling further into debt. It is intended to decrease the financial strain on low-income households, seniors, and new immigrants that are especially vulnerable to aggressive financing methods.

Furthermore, the federal government’s budget proposal to introduce new steps to shield Canadians from predatory lending practices is a welcome development. Lenders will be subject to stricter oversight, which will hopefully help prevent them from capitalizing on susceptible Canadians. Stricter fines for lending institutions that breach the law will also act as a deterrent and help make certain that Canadians are dealt with in fairness and respect.

This particular federal budget 2023 proposal has garnered praise from consumer advocates due to its emphasis on consumer protection, financial inclusion, and social justice. Particularly noteworthy is the government’s decision to limit the interest rates that predatory lending institutions can charge. This will particularly impact payday loan products. This measure is deemed critical in protecting vulnerable Canadians.

Interest rates: Criticisms of the decision

Notwithstanding the praise this proposal has thus far received, the decision to lower the criminal rate of interest on predatory lending has actually not been without its detractors. Doubters have actually expressed that such a measure may result in some problems. Critics of this proposal say that there may be an increase in defaults on debt, as predatory loan providers may choose to decline certain loan applications from high-risk customers, thereby cutting off their access to credit. Without such access, they will be unable to repay other debt that is about to go into default.

Critics of this plan have suggested that the government should prioritize other legislative measures and initiatives that actually promote monetary inclusion, debt relief, and financial empowerment instead of focusing on caps on interest rates. They say that lowering the criminal interest rate does nothing to deal with the underlying sources of problems experienced by such bad credit and lower-incomed Canadians.interest rates

Benefits of cutting interest rates on predatory loans

Predator loans are normally considered underhanded and damaging to borrowers, as they generally involve high-interest rates, hidden costs, and other terms that make it difficult for borrowers to repay the loans.

Reducing interest rates on loans can also make it less complicated for people to re-finance their existing loans, which can lower their monthly payments and free up more cash for various other expenses. This can be specifically advantageous for people that are struggling to make ends meet, as it can supply some much-needed financial relief.

The major advantages seem to be:

  • reduced financial burden on borrowers
  • potential reduction in default rates
  • increased economic stability

In general, we will certainly have to wait and see if there is a benefit to Canadians that have no choice but to obtain predatory loans. Will they benefit from this proposal or simply be pressed to the darker corners to get their loans wheretheir financial and personal health will be in danger?

Interest rates: Conclusion

We will have to see if this reduction in the criminal rate of interest ever becomes law and if it fact will help those financially vulnerable Canadians who must seek out predatory loans, such as payday loans.

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

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

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

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

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

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

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

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CANADIAN CREDIT CARD DEBT: A COMPREHENSIVE GUIDE TO UNDERSTANDING AND TO GET OUT OF THE MENACING PROBLEM

canadian credit card debt
canadian credit card debt

Canadian credit card debt: Introduction

Due to the holiday buying season, December has traditionally been connected with a surge in Canadian credit card debt. Nonetheless, with the start of the COVID-19 pandemic in 2020 and the surge in case numbers, celebrations, travelling, and in-store holiday shopping pretty well stopped, resulting in an extraordinary reduction in Canadian credit card debt.

Fast forward 2 years to December 2022, and Canadian consumers have returned to their traditional pre-pandemic period of extravagance in holiday purchasing. With the pandemic’s hold loosening, Canadians have eagerly ushered in the holiday spirit, leading to a rebirth of the fad of maxing out credit cards. As a result of that, and other factors I will discuss below, Canadian credit card debt is once again growing.

The escalating issue of credit card debt in Canada is gradually becoming a matter of concern for individuals and the nation’s economy in general. In this Brandon’s Blog, I will delve deeper into the Canadian credit card debt predicament, the reasons behind its growth, and plausible solutions to tackle it.

Canadian credit card debt: What is it and why could it be a problem?

The outstanding balance of credit cards of Canadians at any specific point in time is what is described as Canadian credit card debt. It is built up when people utilize their credit card to make purchases, and afterwards, carry a credit card balance from one month to the next, rather than paying off the balance in full when due.

As this financial debt begins to grow, it can trigger a lot of stress and anxiety and make it hard to stay up to date with monthly expenses. Credit cards are well-known for having high-interest rates, which means that the longer a balance is carried, the more interest the borrower will be paying, making it even more difficult to pay down the amount owed.

Furthermore, excessive credit card debt can significantly harm a person’s credit rating, which can make it harder for them to get new loans or credit in the future. This can bring about missed payments or even default, both of which will, even more, harm their credit score.

If you don’t handle your Canadian credit card debt properly, it can lead to some serious financial problems.Canaacanadian credit card debt

The current state of Canadian credit card debt

According to recent reports by Statistics Canada and Equifax Canada, people’s credit card balances are on the rise. And it’s not just a one-time thing either – Equifax Canada’s report and the government statistical agency report both states that it has been going on for the past year. Actually, by the end of 2022, Canadian credit card debt had risen by 13.8% contrasted to the previous year, leading to an overall outstanding debt of $93.4 billion.

What’s specifically concerning is that this rise in credit card debt is striking lower-income households the hardest. With high inflation, lots of people in this group are turning to high-interest credit cards to cover important rising costs like food prices, medication, as well as rent. It’s clear that we need to do even more to sustain these Canadians and also help them resolve this problem of inflation causing extra costs for Canadians.

Credit card debt can be worrisome in Canada for a few reasons. One of them is that credit card companies tend to charge pretty high-interest rates here – around 20% or more! That’s quite a bit more than other kinds of debt you might have, like a car loan or a mortgage.

Another thing to keep in mind is that Canadians’ savings are low, due to many of the same reasons that Canadian credit card debt is rising – the main one being inflation. So if something unexpected happens, like a drop in income or an unexpected expense, some folks might not have much in the way of savings to fall back on.

All in all, it’s important to keep an eye on your credit card debt in Canada – it can pile up pretty quickly!

Canadian credit card debt: Why do Canadians have so much credit card debt?

Numerous factors contribute to the excessive credit card balances among Canadians. Among the primary reasons is the effortless accessibility of credit cards. Credit card companies aggressively market their products to Canadians, luring them with attractive incentives like sign-up bonuses, cashback rewards, and low introductory interest rates.

Canada’s high cost of living is another significant reason for the country’s high credit card debt. Canadians encounter steep housing costs, surging food and gas prices, and escalating expenses of every type and description. With income failing to keep up with expenses, many resort to credit cards to bridge the gap, leading to elevated debt.

When faced with unexpected expenses like vehicle repairs or other emergencies, many Canadians lack the necessary savings and turn to credit cards to bear the costs, further increasing their reliance on credit.

Finally, a considerable number of Canadians lack the financial literacy to fully understand the trap they are falling into by continuing their credit card usage with no hope of ever repaying the balance owed.canadian credit card debt

Canadian credit card debt: Common mistakes people make when it comes to credit card debt in Canada

Signing up for too many credit cards: This can make it challenging to stay on top of monthly payments and may even lead to overspending.

Neglecting to regularly review credit card statements: This can result in harmful errors or unchecked fraudulent charges, which can add up and cause undue stress.

Making large purchases: Using credit cards for a major expensive purchase without having a clear plan to pay off the balance, can lead to hefty interest charges and long-term debt.

Applying for too many credit cards: Often enticed by sign-up bonuses or rewards, too many credit cards can lead to an inability to monitor payment schedules and overspending.

Failure to regularly review credit card statements: This can result in undetected errors or fraudulent charges. This may ultimately result in an increased balance owed or avoidable fees.

Financing large purchases: Buying major expensive items such as automobiles or vacations using a credit card without a clear plan for repayment can lead to high-interest charges and long-term debt.

It’s essential to be mindful of these pitfalls and take steps to avoid them to stay financially healthy.

Canadian credit card debt: How to tackle credit card debt in Canada

The following are 7 practical tips and strategies that Canadian individuals grappling with credit card debt can utilize:

  1. Establish a budget: The primary step towards addressing Canadian credit card debt is establishing a budget. This will let you understand your revenue and expenses while identifying areas where you can decrease expenses to free up finances for debt repayment. It’s essential to factor in all bills, taxes, expenditures, and debt payments while drafting your budget.
  2. Prioritize debt repayment: After developing a budget, prioritize debt repayment. Begin by repaying high-interest debt, such as credit card debt, and make minimum payments on other debts.
  3. Consolidate debts: Consider consolidating credit card debt into a single loan that charges a lower interest rate. This simplifies debt management and lowers the interest paid over time.
  4. Seek expert assistance: If faced with challenges managing your debt, consider seeking expert assistance. This could involve partnering with a community non-profit credit counselling agency or a licensed insolvency trustee.
  5. Reducing expenses: Scrutinize your expenditure and identify areas where you can cut back, such as dining out, grocery shopping, and utility bills. Every penny saved can contribute towards debt repayment.
  6. Increase your income: This could include freelancing, part-time work, or selling unused items. These avenues could provide the additional funds necessary to accelerate your debt repayment.
  7. Avoiding unnecessary expenses: Using cash or debit cards as the form of payment instead of credit cards makes you think twice about every purchase before you make it.

Learning and using sound financial habits is fundamental for avoiding future credit card debt. Here are several compelling reasons why:

It creates superior financial management skills: The adoption of good financial habits, such as meticulous budgeting, diligent tracking of expenses, and prudent saving for unexpected contingencies, equips one with enhanced financial management skills. When one is always aware of their financial standing, they are less prone to impulsive expenditures, and the possibility of succumbing to credit card debt is thereby minimized.

It engenders a robust credit history: Good financial habits, such as paying your bills by their due date in full are what establish a good credit score. This augments the likelihood of future credit approvals and can result in more favourable interest rates and terms.

It eliminates tension and apprehension: Debt can be a source of profound stress, causing anxiety and other psychological distress. The development of good financial habits, together with the avoidance of credit card debt, can eliminate such concerns,canadian credit card debt

Canadian credit card debt: Conclusion

To conclude, by implementing these measures, you can take charge of your credit card debt and gradually work towards becoming debt-free.

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

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

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

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

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

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

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

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Brandon Blog Post

WHEN TO FILE BANKRUPTCY: OUR COMPREHENSIVE GUIDE ON WHEN IS THE RIGHT TIME TO FILE FOR BANKRUPTCY

when to file bankruptcy
when to file bankruptcy

When to file bankruptcy to get a fresh start

Definition of Bankruptcy

Are you feeling overwhelmed by unmanageable debt? Then bankruptcy might be the perfect solution
for you. Bankruptcy can be defined as a legal process that can help people and businesses get out of their financial binds.

Though the thought of filing for bankruptcy may be daunting, it can be the best option when you’re facing unexpected expenses or other emergency situations.

To make sure you’re making the right decision, it’s important to understand when to file bankruptcy and what you can expect. Bankruptcy allows a person to get back on top of their finances and start fresh. Weighing the pros and cons of filing for bankruptcy can be an alarming task, but it can ultimately be the best when your back is against the wall with debt. This Brandon’s Blog lets you find out when to file bankruptcy, what you should expect and what the bankruptcy alternatives are.

What is Bankruptcy and How Does it Work?

Bankruptcy in Canada is a liberating process for those who have found themselves under a burden of debt. The Bankruptcy and Insolvency Act (Canada) (BIA) provides debtors with a discharge from most debts, allowing them to have a fresh start in their financial lives. The process is designed to help those who cannot pay their bills as they come due, and have no way of paying back their debt load. By taking advantage of the bankruptcy discharge, individuals can find themselves free from the chains of debt and start anew. On the other hand, unlike a person, a company that files for bankruptcy will not survive in the long run, and thus, there is no discharge process for a company.

when to file bankruptcy
when to file bankruptcy

When to File Bankruptcy?

Don’t let debt take the life out of you! Bankruptcy law can give you the fresh start you need. Although not to be taken lightly, a bankruptcy filing can be an absolute lifesaver when the debt becomes too much to bear.

Filing for bankruptcy is no small decision and has the potential to drastically alter your financial future. It’s essential to be informed on when to file bankruptcy and the process involved to ensure that your credit and ability to access money in the future are not adversely affected.

Start the legal process off right by filing for bankruptcy with the help of a licensed insolvency trustee (formerly called a bankruptcy trustee) (LIT or Trustee). The LIT will submit all the documents at once and get the ball rolling.

When an individual has too much consumer debt and files for bankruptcy, the LIT takes possession of their property and assets (subject to provincial government exemptions). The Trustee is the appointed authority in charge of liquidating the assets and depositing the proceeds into a trust account that will eventually be distributed among the creditors in the priority laid out in the BIA.

It is crucial to understand when to file bankruptcy and the process involved to make informed decisions about one’s financial future.

When to file bankruptcy: Identifying signs of financial distress

Here are 5 common signs of financial distress:

  1. Consistent inability to pay bills – Consistent inability to pay bills can be a difficult and stressful situation for individuals and companies. There are various options for managing late bill payments, however, missing bill payments can have negative financial impacts. It is important to be proactive in finding a solution, as missing bill payments may result in consequences such as eviction, cutting off of necessary supplies and financial penalties. Options for managing late bill payments vary, depending on the type of bill, such as rent or mortgages as opposed to suppliers of goods or services.
  2. Increased collection activity and legal threats – Balances in collections are the result of outstanding debts that have not been paid. The collection process and the behaviour of debt collection agencies and debt collectors are stressful. Provincial law dictates the rights of consumers when it comes to debt collection and debt collectors.The statute of limitations to collect a debt is also a matter of provincial jurisdiction. Debts are statute-barred after the period prescribed by the law for bringing legal action against the consumer to collect a debt. A debt is considered time-barred if the applicable statute of limitations has expired.
  3. Are you buried in debt and feeling overwhelmed? A hefty burden of financial obligations without a plan of attack can lead to a seemingly never-ending cycle of debt, with high-interest payments and a lack of hope. Alternatively, an overly ambitious plan can leave you feeling like freedom from debt is unattainable. The stress of debt can have a major toll on your mental health. It’s time to take control and devise a sensible debt repayment strategy to ultimately become debt-free and reduce the interest you pay.
  4. Tempted to use a credit card for all your needs? Be careful; it can be easy to go overboard and put yourself into financial hardship. When you use credit cards, you risk overspending, inflating your credit utilization ratio, and even opening yourself up to identity theft and credit card fraud. Don’t take the chance – think twice before swiping!
  5. Increasingly relying on personal loans from friends and family – The dangers of relying on loans from friends and family include broken promises or agreements. There may be confused assumptions about the loan, which can lead to misunderstandings.Additionally, not setting up clear and defined terms for repayment could lead to problematic personal relationships. A loan from friends and family could also provide tax problems depending on how it is set up and how interest payments, principal repayments and/or loan forgiveness are treated on tax returns, or not, as the case may be.

    when to file bankruptcy
    when to file bankruptcy

When to file bankruptcy: The process of filing for bankruptcy

The process of filing for bankruptcy in Canada is handled by a Trustee under the supervision of the Office of the Superintendent of Bankruptcy Canada (OSB) under the BIA. The time to complete the bankruptcy process for a 1st time bankrupt with no surplus income, where neither the Trustee nor any creditor opposes the individual bankrupt’s discharge is 9 months. If a first-time bankrupt gets a discharge at the 9-month point, then they have received an automatic discharge from the LIT. During bankruptcy, the creditors can no longer harass the bankrupt person or carry out legal proceedings or wage garnishments.

The LIT provides an information form for the person to complete, and uses that information to prepare and then file the bankruptcy paperwork. The LIT needs personal information (name, address, birth date), a list of creditors and a list of assets. The LIT then files the bankruptcy documents electronically with the OSB and then they will issue a Certificate confirming the acceptance of the bankruptcy filing. It is the day and time of the issuance of the OSB’s certificate that marks the beginning of the bankruptcy process.

When to file bankruptcy: What is the impact of filing for bankruptcy?

Once your bankruptcy is filed, there is an immediate stay of proceedings. This means that unsecured creditors cannot begin or continue lawsuits, wage garnishees, or even contact you to request payment. Within five days of the bankruptcy starting, the LIT will send a copy of the bankruptcy paperwork to creditors so they can file a claim.

Overview of the bankruptcy process

Can I keep my assets when I file for bankruptcy? In most cases, yes. However, the trustee may sell some assets to pay off your creditors. The assets you can keep will depend on your province’s exemptions. The Trustee’s job is to manage the sale of the bankrupt’s assets and place the proceeds into a trust, safeguarding them for the creditors. In other words, the Trustee is a guardian of funds, making sure everything is handled properly.

Are you worried that filing for bankruptcy will destroy your credit? Don’t fret – while bankruptcy will certainly leave its mark on your credit report, it’s far from a death sentence. Once your bankruptcy is approved, you can start taking steps toward restoring your financial health. A fresh start is waiting – be smart and make decisions that will get you back on the right track!

Wondering just how long you’ll be in bankruptcy? That all depends! If it’s your first-time bankruptcy filing with no surplus income, it should only last nine months. But if you’ve filed for bankruptcy more than once and don’t have surplus income, it will take 21 months. For those who have surplus income, this process will take longer.

2 financial counselling sessions. In a consumer restructuring or bankruptcy administration under the BIA, the debtor is required to go through two financial counselling sessions with the LIT. The reason is that one of the objectives of the BIA is financial rehabilitation. Financial education and teaching financial literacy tips are important parts of that rehabilitation.

Requirements for filing bankruptcy

To be eligible to file for bankruptcy in Canada, you must meet certain requirements. You must owe at least $1,000 in unsecured debt and be unable to pay your debts as they come due. You must also be insolvent, meaning you owe more than the value of the assets you own. Additionally, you must either reside, do business or have property in Canada. There are other acts of bankruptcy contained in the BIA, but the normal requirement is as I just described.

Role of Trustees in the bankruptcy process

The role of a LIT in Canada is to assist individuals or companies in the bankruptcy process as laid out by the BIA. They help to explain to the debtor the various options in dealing with their debt and provide advice on the best course of action. The Trustee also prepares the necessary paperwork, including reviewing the debt and completes the process from start to finish. One of the key responsibilities of the Trustee is to take possession of the property not exempt under provincial law, or subject to a trust or secured claim. The LIT then does this by selling the available assets and depositing the funds in trust for the creditors in the bankruptcy administration.

when to file bankruptcy
when to file bankruptcy

When to file bankruptcy: Alternatives to Bankruptcy

There are several alternative solutions that a LIT can recommend to a debtor in solving their debt problems. Bankruptcy is always the last resort and is to be avoided if at all possible. The main alternative solutions are:

Debt consolidation and debt management plans

In Canada, consolidation loans are available to assist individuals in reducing their high-cost debt payments. If you qualify for such a loan, it is an advantageous solution. These debts may include credit cards, payday loans, and unpaid tax obligations. By consolidating higher-interest-rate debts into one lower-interest-rate loan, it is possible to make affordable monthly payments and work toward eliminating debt.

If you’re in need of financial help, a Debt Management Plan (DMP) may be the answer. A DMP is an effective way to repay credit card debt, and with the help of a non-profit, no-cost credit counselling agency, you can get the support to make it work. The agency will assess your situation to ensure that a DMP is the best option for you. Put your debt worries to rest and take the first step towards a sound financial future with a DMP.

Both debt consolidation and debt management plans aim to help individuals in Canada manage their debt effectively.

Credit counselling and financial planning

Credit counselling and financial planning can help someone who has many debts. The services are provided by accredited credit counsellors working for non-profit credit counselling organizations. A credit counsellor will assess the financial situation of an individual and provide tips on dealing with debt. Financial planning and budgeting will be an important part of the process.

If the individual decides to sign up for a DMP, the counsellor will contact creditors on their behalf to request reducing or eliminating the interest rate or fees on their debts. In some cases, the creditors may agree to these requests.

Debt settlement, restructuring and negotiation with creditors

Debt restructuring, also known as debt negotiation, is the process of negotiating the terms and conditions of debt repayment with creditors. This process can be carried out by the consumer or company themselves seeking alternative repayment options. The goal is to reach a mutually agreed-upon arrangement that is more manageable for the consumer or company to repay their debt. It can involve the forgiveness of interest, stopping the interest clock and even the forgiveness of principal. If the company or consumer handles the discussions themselves, or with the help of their accountant, it is called an informal restructuring.

When a consumer or company restructures their debt with the help of a LIT under the BIA, they would file either a consumer proposal or a Division I proposal restructuring. A large company could also restructure under the Companies’ Creditors Arrangement Act.

When to file bankruptcy: Conclusion

Personal bankruptcy or corporate bankruptcy, and when to file bankruptcy, is a big decision, but it can be the right one when you’re overwhelmed with debt. You can make an informed decision by understanding the basics of bankruptcy, including when to file and what to expect. If you’re struggling with debt and considering bankruptcy, it’s important to speak with a professional who can help you assess your options. Bankruptcy can be a fresh start for your financial future, but it’s important to understand the consequences and work with a professional to determine if it’s the right choice for you.

I hope you enjoyed this when to file bankruptcy Brandon’s Blog.

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

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

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

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

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

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

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

when to file bankruptcy
when to file bankruptcy
Categories
Brandon Blog Post

GAMBLING HELP ONTARIO: BEATING THE ODDS AND CONQUERING GAMBLING ADDICTION AND DEBT

gambling help ontario
gambling help ontario

gambling help ontario

Gambling help Ontario: What is gambling?

Gambling is the act of betting or wagering on the outcome of an event or a game with the intention of winning money or other material goods. It can take many forms, including playing games of chance like slot machines or cards, betting on sports events or horse races, or participating in games of skill like poker or blackjack.

Gambling can be done in person, such as in a casino or at a horse racing racetrack, or online. It is important to note that gambling can be addictive and can have negative consequences if it is not done responsibly. With the proliferation of online gambling opportunities in Canada, in this Brandon’s Blog, I discuss the issue of gambling, gambling addiction, gambling debt, and gambling help Ontario. I am talking about impulsive behaviour leading to addiction, not about the social gambler.

Gambling help Ontario: What is gambling addiction?

Gambling disorder is a type of impulse control disorder, commonly referred to as pathological or compulsive gambling behaviour, which is characterized by a persistent and recurrent inability to resist the urge to gamble, despite the potential for serious negative consequences. Individuals suffering from gambling addiction may continue to gamble despite the consequences.

Gambling can be a real problem, resulting in financial issues, relationship stress, and lower work performance. It can also lead to mental health concerns like anxiety and depression. If you think you, or someone you know, might be dealing with a gambling addiction, it’s important to get gambling help Ontario.

gambling help ontario
gambling help ontario

Gambling help Ontario: What are some of the usual factors behind a gambling problem?

Pathological gambling, commonly referred to as gambling addiction, is a form of impulse control disorder. Those affected by this disorder experience gambling habits which are an intense compulsion to gamble, even when they are aware of the potential adverse effects it can have on their lives.

Potential contributors to the emergence of a gambling dependency may include, but are not limited to:

  1. Biological factors: Some research suggests that gambling addiction may have a genetic component and that certain brain chemicals may be involved in the development of the disorder.
  2. Psychological factors: People with certain personality traits, such as impulsivity and a need for novelty and excitement, may be more prone to developing a gambling addiction.
  3. Environmental factors: People who are exposed to gambling at an early age or who have access to gambling opportunities may be more likely to develop a gambling addiction.
  4. Social factors: Gambling addiction may be more common in people who have a social network that supports or encourages gambling, or in people who are isolated and may use gambling as a way to cope with stress or negative emotions.
  5. Cultural factors: Gambling is more accepted in some cultures than in others, and people who live in cultures where gambling is more prevalent may be more likely to develop a gambling addiction.

It’s important to note that gambling addiction can affect anyone, regardless of age, gender, or background. If you or someone you know is struggling with gambling addiction, it’s important to seek help as soon as possible.

Gambling help Ontario: What is the prevalence of gambling addiction among individuals?

Accurately estimating the prevalence of gambling addiction in Canada is challenging due to underreporting of the disorder. Nevertheless, studies suggest that gambling addiction is a major public health issue in this country.

The Canadian Centre on Substance Use and Addiction (CCSA) estimates that approximately 2% of Canadian adults are affected by problem gambling, characterized by adverse financial, relational, and mental health outcomes.

With respect to alcohol addiction, the CCSA estimates that approximately 5% of the adult population in Canada meets the criteria for alcohol addiction. This includes approximately 10% of men and 3% of women.

The CCSA also estimates that approximately 5% of the adult population in Canada meets the criteria for drug addiction. This includes approximately 10% of men and 3% of women.

It’s important to note that all addictions, including gambling addiction, can have serious consequences for individuals and their families. If you or someone you know is struggling with addiction, it’s important to seek help as soon as possible. There are many resources available in Canada to help people who are struggling with addiction, including support groups, credit counselling, and rehabilitation programs.

gambling help ontario
gambling help ontario

Gambling help Ontario: How do I stop gambling?

Gambling addiction can be a difficult disorder to overcome, but it is possible for gambling addicts to overcome their gambling concerns and addictive behaviour, stop gambling and regain control of their life. Here are some steps you can take to stop gambling:

  1. Seek help: One of the most important things you can do to stop gambling is to seek help from a healthcare professional or a support group, particularly a gambling help services group. A therapist or counselor who specializes in treating gambling addiction can help you identify the underlying causes of your gambling and develop strategies to overcome it.
  2. Set goals: Identify specific goals that you want to achieve, such as paying off debt or rebuilding relationships with loved ones. Setting goals can help you stay focused and motivated as you work to overcome your gambling addiction.
  3. Avoid triggers: Identify the situations and circumstances that trigger your desire to gamble, and try to avoid these triggers as much as possible. This may include avoiding places where gambling is available, such as casinos, or avoiding activities that you associate with gambling, such as watching sports or playing card games.
  4. Find healthy coping mechanisms: Gambling may have been a way for you to cope with stress or negative emotions, so it’s important to find healthier ways to manage these feelings. This may include exercising, spending time with friends and family, or practicing relaxation techniques such as deep breathing or meditation.
  5. Get support: Surround yourself with a support network of friends, family, and loved ones who can offer encouragement and support as you work to overcome your gambling addiction. Joining a support group, such as Gamblers Anonymous, can also be a helpful way to connect with others who are facing similar challenges.

Remember, overcoming gambling addiction takes time and effort, and it’s important to be patient with yourself. It may take several attempts before you are able to successfully stop gambling. Don’t get discouraged, and keep seeking help if you need it.

Gambling help Ontario: Strategies for managing debt from gambling

People with gambling problems ultimately will have significant debt, which can be overwhelming and stressful. If you are struggling with gambling addiction and debt, it’s important to take steps to address both issues as soon as possible. Here are some steps you can take to deal with gambling addiction debt:

  1. Acknowledge the problem: The first step in recovering from gambling debt is to admit that you have a problem and take responsibility for it. This can be difficult, but it is an essential step in the recovery process.
  2. Create a budget: To manage your debt payments, you need to have a clear understanding of your financial situation. Create a budget that takes into account your income, expenses, and debts.
  3. Make a plan to pay off your debts: Once you have started to address your gambling addiction, it’s important to make a plan to pay off your debts. This may include negotiating with creditors, consolidating your debts, or seeking assistance from a debt management organization.
  4. Cut expenses: Look for ways to cut your expenses so that you can free up more money to put towards your gambling debt. This might involve cutting back on non-essential expenses, such as dining out or entertainment.
  5. Look for additional income: If you are unable to cover your debts with your current income, consider looking for additional sources of income, such as taking on a part-time job or selling assets.
  6. Negotiate with creditors: If you are unable to make your minimum payments, consider negotiating with your creditors to see if they will accept a lower payment or extend the repayment period.Retain a lawyer: If negotiations with creditors fail or if you are facing legal action, it may be beneficial to consult a legal professional for assistance.
  7. Speak to a licensed insolvency trustee (formerly called a licensed bankruptcy trustee): If you feel that you are in over your head in debt and there is no way out of it, get a no-cost consultation with a licensed insolvency trustee who can review your situation and make recommendations.
  8. Avoid temptation: To avoid falling into gambling debt again, it is important to avoid situations that may trigger your gambling addiction. This might mean avoiding casinos or online gambling sites or finding alternative ways to cope with stress or boredom.
  9. Seek support: Recovery from gambling debt is a long and difficult process. It is important to seek support from friends, family, and professional resources to help you stay on track and achieve your financial goals.
  10. Using a financial professional such as a non-profit credit counselor or a debt coach: They can determine if they can make a plan for you that will see you pay off your debts in a reasonable period of time. If not, they will recommend you seek advice from a licensed insolvency trustee.
  11. Deny access to financial resources and credit: In order to impede any additional gambling activities and debt accumulation, it may be wise to restrict your access to money and credit. This could involve canceling credit cards and lines of credit, closing bank accounts, or entrusting a reliable relative or friend to manage your funds.

    gambling help ontario
    gambling help ontario

Gambling help Ontario: Is it possible to have gambling debts eliminated in bankruptcy proceedings?

In Canada, it is possible to have gambling debts eliminated in bankruptcy proceedings under certain circumstances.

Under the Bankruptcy and Insolvency Act (Canada), gambling debts may be discharged (eliminated) in bankruptcy if they meet certain criteria. For example, you must not have obtained the money to gamble with through fraud, embezzlement, or larceny.

It is advisable to seek the counsel of a licensed insolvency trustee if you are thinking of filing for bankruptcy with regard to financial obligations resulting from gambling. Doing so will allow you to gain an understanding of the available options and specific regulations applicable to your circumstance so that you can make an informed decision on whether bankruptcy is the best course to take.

Bankruptcy should not be the first option for dealing with a gambling addiction; it should be the last resort. Therefore, it is necessary to explore other options first. However, if any insolvency process is pursued, one must also be committed to tackling the addiction head-on in order to achieve a full recovery. Ignoring the root of the problem and simply filing for bankruptcy will not benefit anyone in the long run.

Gambling help Ontario: If bankruptcy is the last resort, what is first?

The answer is a consumer proposal. A licensed insolvency trustee can offer both a consumer proposal and bankruptcy as two options that are available to individuals who are struggling with debt and are unable to pay their bills. Both options can help you manage your debts and get a fresh start financially, but they work in different ways and have different consequences.

A consumer proposal is a formally proposed payment plan to creditors. Administered by an insolvency trustee, the proposal is intended to have the person make an affordable monthly payment for no more than 60 months to settle all of the debt. It must be approved by creditors.

There are some key differences between a consumer proposal and bankruptcy in Canada. To be eligible for a consumer proposal or bankruptcy, an individual must be insolvent. To qualify for a consumer proposal, you cannot owe more than $250,000 (excluding mortgage debt) and need to have a reliable regular income source.

Feel free to reach out to me to find out more about a consumer proposal for debt relief.

gambling help ontario
gambling help ontario

I hope that you found this gambling help Ontario Brandon Blog helpful. Other types of addiction can also result in debts.

If you or your business are facing serious debt issues, and you are unsure if bankruptcy is the best solution, call me for advice on ways to tackle your debt, whether it stems from gambling or other sources.

It is not your fault that you remain in this way. It has been demonstrated that traditional methods of addressing financial difficulties are inadequate. These old ways do not work anymore.

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

The tension put upon you is big. We know your discomfort factors. We will thoroughly evaluate your circumstances and devise a tailor-made solution to address both your financial and emotional concerns. Let us lighten your load and dispel any lingering concerns. We will design a debt settlement strategy for you. We know that we can help you now.

We recognize that individuals and companies facing monetary difficulties require an optimistic opportunity for hope. The Ira Smith Team offers a wide array of solutions to fit any situation – never settle for a one-size-fits-all approach!. Not everyone has to file for bankruptcy in Canada. Most of our clients never give up and explore the alternatives to bankruptcy, thus taking control of their financial future! Our mission is to empower people and businesses to steer clear of bankruptcy and achieve financial success.

You can create a unique payment plan to conquer debt and achieve financial success! It will be as unique and extraordinary as the challenges and struggles you are facing. 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 bankruptcy consultation.

gambling help ontario
gambling help ontario
Categories
Brandon Blog Post

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

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

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

Who is responsible for monitoring online casinos in Ontario?

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

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

online sports betting
online sports betting

Welcome to the exciting world of iGaming in Ontario!

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

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

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

What is the Ontario gambling age?

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

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

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

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

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

online sports betting
online sports betting

Is the Woodbine Casino available online?

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

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

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

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

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

Do online sports betting lead to gambling addiction?

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

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

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

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

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

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

online sports betting
online sports betting

Can you file bankruptcy for online sports betting debts?

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

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

The key issues are:

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

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

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

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

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

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

online sports betting
online sports betting

Online sports betting, gambling addiction and getting a bankruptcy discharge

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

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

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

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

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

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

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

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

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

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

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

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

Call us now for a no-cost consultation.

online sports betting
online sports betting

 

Categories
Brandon Blog Post

WHAT IS FINANCIALLY LITERATE? GOOD NEW FLORIDA LAW LATEST TO REQUIRE HIGH SCHOOL STUDENTS TO PASS FINANCIAL LITERACY COURSE

what is financially literate

What is financially literate? When should it be learned?

Florida high school students will soon start learning more about how to stay financially healthy. Florida’s new financial literacy law requires high school students to take a personal finance course, and for the first time, administrators will be able to report how well they’ve met the requirement to the state Department of Education. The requirement, approved by the Florida Legislature last year, is a graduation requirement.

The course is required of all Florida students. Last week, Governor Ron DeSantis signed the legislation into law. Every high school student must take the course. I think this is great.

Financial literacy transcends national boundaries. Financial literacy is a necessity. Students in Ontario are now required to take a financial literacy course as part of the grade 10 curriculum. Students in high school now take a financial literacy course as part of the course curriculum. The purpose of Brandon’s Blog is to provide you with an understanding of what is financially literate and why it is important to have the proper financial knowledge to be able to make good financial decisions.

What is financially literate?: Financial literacy background

Despite there have been some improvements, there are lots of Canadians that still have a tough time with money abilities and living the best financial life possible. The Financial Consumer Agency of Canada was created in 2013 to aid with financial proficiency and increase the financial skills of Canadians.

Many Canadians have a post-secondary education but lack knowledge when they enter the workforce. People of all ages need financial literacy. Through financial literacy programs, students are now learning about budgeting, debt management, and retirement planning.

The United States also has a financial literacy problem. Lacking basic knowledge in financial matters, financial literacy isn’t something that comes naturally. While most of us have savings in our bank accounts, few of us have the money management skills or know-how to make our money last. You can learn the skills you need to succeed, and there’s no better time than now to start.

what is financially literate
what is financially literate

What is financially literate?: What is the best definition of financial literacy

Exactly what is financial literacy? Whats the best definition of financial literacy? Managing money, budgeting, and investing. Individuals should manage their financial affairs in a reliable manner.

Money can be used as a tool with such education. A person with financial literacy is able to save money, make wise investments, spend wisely, and manage debt. What is financially literate? It involves having access to, understanding, and effectively using financial management skills, knowledge, and information in order to make informed decisions.

What is financially literate?: What is financial literacy and why is it important?

Students in Grade 10 in Ontario are expected to gain an understanding of good financial health from the following concepts:

  • fiscal responsibility; and
  • Services are available to help them prepare for post-secondary life in a financially proficient manner.

Students are expected to:

  • Understand the principles of financial responsibility.
  • Identify various options for financial savings.
  • Explore banking and other financial planning tools.

    what is financially literate
    what is financially literate

What is financially literate?: Examples of the Ontario financial literacy program

The new financial literacy component of the Ontario career studies program consists of several parts for teaching money matters and increasing financial awareness. It includes:

  • How to set up and follow a budget with monthly payments
  • What a credit union is versus a bank
  • Managing its own accounts
  • Interest-bearing accounts and their interest rates
  • TFSAs (tax-free savings accounts)
  • RRSPs (registered retirement savings plans)
  • Student loan debt
  • Student loans (and the resulting student loan debt) from federal and provincial governments, such as those offered through the Ontario Student Assistance Program (OSAP)
  • Bursaries and loans from local governments
  • Loans from financial institutions (unsecured), such as banks or credit unions
  • Lines of credit, credit cards, and overdrafts
  • Understanding the advantages and disadvantages of different types of credit
  • When used properly, a bank loan can be used to purchase a costly item, such as auto loans or a home mortgage and monthly mortgage payments
  • The advantages of borrowing from family or friends, as well as the downsides of defaulting on repayment

What is financially literate?: Financial literacy for students in Florida

In Florida, Gov. Ron DeSantis signed a bill last week which is a financial literacy strategy. It requires high school students to take a financial literacy course before graduation. Students will need to take a half-credit course in personal financial literacy and money management under the Dorothy L. Hukill Financial Literacy Act. Under the law, the course must include basic skills with various financial products like managing a bank account, balancing a cheque book, credit cards, filling out a loan application, and calculating federal income taxes.

Students will also learn about other financial concepts such as local tax assessments, disputing incorrect billing statements, basic insurance policies, and simple contracts. The hope is that by learning financial literacy principles, they will have a brighter financial future.

Students should learn financial literacy as part of their overall education. Everybody benefits when students can have financial stability, know how to access financial resources, and get a leg up on their financial well=being. They will be prepared to manage their finances and possibly own a business one day. Financial literacy is a good cause that everyone should support.

With the new law, Florida becomes the 11th state in the country to require financial literacy as a graduation requirement. The states of Alabama, Mississippi, Missouri, Nebraska, North Carolina, Ohio, Rhode Island, Tennessee, Utah, and Virginia already had a law requiring the teaching of what is financial literacy to young adults.

In 2021, nearly 7 out of 10 high school students in the U.S. would have access to a standalone personal financial education, but only 1 of 5 would be required to take it to graduate.

Yanely Espinal, Next Gen‘s director of educational outreach, said several other states are considering a wide range of legislation requiring in-depth knowledge of personal finance courses, including Michigan, Georgia, and South Carolina. He believes that every state should require that financial literacy resources be available and that passing a course like the ones already in existence should be mandatory for graduation from high school.

what is financially literate
what is financially literate

Budgeting can be stressful, but it doesn’t have to be. With a little patience and the right tools, you can learn how to budget so you know exactly what your money is doing, and where. It’s no exception with personal finance, either. With popular budgeting websites like Mint, YNAB, and You Need A Budget, it’s easy to learn how to budget so you can be in control of your money. But which tools should you use?

People talk about rules all the time. There are rules to live by, rules to obey, rules to prevent you from breaking them, and rules to prevent others from breaking them, too. When it comes to personal finance, there are some common rules that come up again and again when people talk about budgeting. Here are five of them:

  1. Live below your means when considering your monthly expenses.
  2. Pay yourself first. You never know when a life event will require you to find money fast.
  3. Start small and build up.
  4. Track your progress.
  5. Stick to it.

To abide by a budget is, above all, about control. Being in control of your finances will bring you peace of mind. Money is spent for a reason, and if we take the time to analyze our purchases, we can decide where to direct our money. Financial literacy and proper money management is a lifelong journey so that people will be able to overcome their financial hurdles.

What is financially literate? Key takeaways

Financial literacy for beginners is so important. More students need to come out of high school and begin their post-secondary careers, whatever that may be, by having better financial management skills. If so, then hopefully more people will be able to stay clear of insolvency. All Canadian provinces and all US states should make it mandatory to have to pass a financial literacy course in order to graduate. Rather than just having a financial literacy month, we should think in terms of a financial literacy year. Everyone should possess knowledge of the basics of money management.

I hope you found this what is financially literate Brandon’s Blog. Are you on the edge of insolvency? Are bill collectors hounding you? Are you ducking all your phone calls to the point where your voicemail box is always full?

If so, you need to call me today. As a licensed insolvency trustee (formerly called a trustee in bankruptcy) we are the only professionals licensed, recognized as well as supervised by the federal government to give insolvency assistance. We are also the only authorized party in Canada to apply remedies under the Bankruptcy and Insolvency Act (Canada). I can definitely help you to choose what is best for you to free you from your financial debt issues.

Call the Ira Smith Team today so we can get free you from the stress, anxiety, and discomfort that your cash issues have created. With the distinct roadmap, we establish simply for you, we will without delay return you right to a healthy and balanced problem-free life, Starting Over Starting Now.

what is financially literate
what is financially literate
Categories
Brandon Blog Post

WHAT DOES A LICENSED INSOLVENCY TRUSTEE DO TO HELP IN YOUR MANAGING DEBT FOR A PROFOUND QUALITY OF LIFE?

what does a licensed insolvency trustee do

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.

What does a licensed insolvency trustee do?: What is a licensed insolvency trustee?

Frequently I am asked what does a licensed insolvency trustee do? How is it different from a bankruptcy trustee? The answer is it isn’t different. The term bankruptcy trustee is dated.

The new title is Licensed Insolvency Trustee. The Office of the Superintendent of Bankruptcy (OSB) changed it in 2015. Among the reasons for the name change were the submissions made by the Canadian Association of Insolvency and Restructuring Professionals. As the name suggests, a licensed insolvency trustee can offer a wider array of financial solutions.

This Brandon’s Blog is intended to describe what does a licensed insolvency trustee do and to provide useful information for you to help you better understand the debt relief advice that a Trustee provides to people, entrepreneurs, and their companies experiencing financial trouble.

What does a licensed insolvency trustee do?: Licensed insolvency trustees are professionals who are federally regulated

There are many terms in the insolvency field that the average person isn’t familiar with, which is why it’s important to understand what the licensed insolvency trustee does. Trustees are licensed and supervised by the federal government through the OSB to act as personal and corporate insolvency administrators. This means they act to protect the interests of all involved parties while assisting debtors, acting as a debt counselor, a restructuring advisor, and if required, overseeing the bankruptcy process.

Licensed insolvency trustees are professionals with a background in finance, law, accounting, and insolvency. They assist businesses and individuals who are struggling financially. Typically, licensed insolvency trustees meet with clients to discuss their financial situation and offer advice and recommendations to help get the client out of a financial bind.

what does a licensed insolvency trustee do
what does a licensed insolvency trustee do

What does a licensed insolvency trustee do?: The credit counselor or a debt management program as an alternative

Financial guidance is offered by licensed insolvency trustees, credit counselors, and debt management programs. These services differ greatly from each other.

A licensed insolvency trustee can simply offer you financial advice and help you plan on how to repay your debts if that is all you need. A trustee is also the only person who can file a bankruptcy or consumer proposal for you. A Trustee will provide you with an initial no-cost confidential consultation to see if there are alternatives to bankruptcy for you. Credit counselors, credit counselling companies, and debt management businesses can give you financial advice and information. They can help you make a budget and make plans to repay your debt.

What does a licensed insolvency trustee do when you have debt but do not need to resort to one of the insolvency processes? During the free initial consultation, if a consumer proposal or bankruptcy is not right for you, the Trustee will refer you to see a community organization-based credit counselor who will be able to help you and also will not charge you a fee.

What does a licensed insolvency trustee do?: The Consumer Proposal Process

Consumer proposals to creditors are made by debtors and are legally binding agreements. You group all your debts into a consumer proposal to creditors. This is a debt solution to avoid bankruptcy. Your creditors agree to accept a reduced amount as full payment. The consumer proposal is a legal alternative to bankruptcy. Only a licensed insolvency trustee can administer it.

The only consumer insolvency restructuring proceeding regulated by the Canadian government is referred to as a consumer proposal (which is the only one of the consumer insolvency government-regulated insolvency proceedings that allow debt consolidation, debt settlement, or debt adjustment). In the end, your creditors write off the remainder of your debt, and you are released from those legal obligations.

If you owe $250,000 or less (not including any personal mortgages) and are insolvent, then you can qualify for a consumer proposal. Month-to-month payments over no more than 60 months need to be made to the Trustee. You pay just a part (generally 25%) of your total financial obligations gradually to the Trustee and when ended up, the rest of the balance owing to your unsecured creditors is written off.

what does a licensed insolvency trustee do
what does a licensed insolvency trustee do

What does a licensed insolvency trustee do?: The bankruptcy process

Canadian bankruptcy is a process whereby a person or company can declare itself bankrupt. The bankruptcy process starts in the provincial or territorial office of the OSB where the debtor is located.

In Canada, personal bankruptcy entails a number of stages. The debtor must be insolvent, meaning that they cannot repay their debts with the assets that they own or the income they earn. With the help of the Trustee, they must file statements of affairs and a statement of current income and expenses. There are other obligations on an undischarged bankrupt but that is not the purpose of this blog.

Upon receiving their discharge from bankruptcy, that is the moment that the debtor’s debts are forgiven or discharged.

What does a licensed insolvency trustee do?: The assignment of assets

When people file assignments in bankruptcy, what does a licensed insolvency trustee do with the assets? Any assets not charged by a secured creditor are available for the Trustee to take possession of. Those assets are usually things like real estate, cash, and vehicles. When assets are seized in bankruptcy the proceedings usually lead to them being sold and the proceeds are shared with creditors.

This is the main difference between a consumer proposal and bankruptcy. In a consumer proposal, there is no assignment of assets to the Trustee like in a bankruptcy. The debtor in a consumer proposal keeps their assets and makes monthly payments. It is the total of the monthly payments that the Trustee distributes to the creditors in a consumer proposal. In a bankruptcy, it is the proceeds of the asset sales.

what does a licensed insolvency trustee do
what does a licensed insolvency trustee do

What does a licensed insolvency trustee do?: Opting for a consumer proposal

Many people I deal with have significant debt problems. However, a consumer proposal may not be the best option for everyone. Opting for a consumer proposal means not only do you qualify under Canadian insolvency legislation to use one. It also means that it is a better alternative for you than personal bankruptcy. It means that you are able to restructure and not need bankruptcy services from a licensed insolvency trustee.

A consumer proposal is a way to get out of debt without declaring bankruptcy. If you are having trouble paying back credit card bills, medical bills, rent payments, and you don’t want to declare bankruptcy, a consumer proposal might be right for you.

Before opting for a consumer proposal, you must meet the following requirements:

  1. Total liabilities of $250,000 or less.
  2. Monthly payments can be made to your creditors, but not 100% of the total amount due.
  3. You cannot repay all of your debts with the money you have.
  4. If you work and are able to budget, you can pay your budgeted monthly expenses and have money left over for regular monthly payments to the Trustee. Under a debt management plan, your creditors will agree to write off a portion of your debt if you pay a fraction of what you owe.
  5. You may also be lucky enough to have a relative willing to put up a lump sum of money that represents a fraction of what you owe so that your unsecured creditors will accept it instead of all that you owe. This means that you can be in and out of your consumer proposal fairly quickly if you are in this fortunate position.

To summarize, consumer proposals are best suited to people with a sufficient disposable income. Consumer proposals offer the best way of restructuring, eliminating your unsecured debts, and avoiding bankruptcy.

There are restructuring provisions in the Bankruptcy and Insolvency Act (Canada) for people who owe more than they can discharge in a consumer proposal or in business insolvency. Despite some differences in the rules, the overall theme of restructuring remains the same.

What does a licensed insolvency trustee do?: Going the bankruptcy route

Given the above, what can a person do to eliminate their unsecured debt if they cannot qualify for filing a consumer proposal as an alternative to bankruptcy? Going the bankruptcy route will probably make the most sense.

Bankruptcy is when a person cannot pay their bills. They file Canadian personal bankruptcy to get a fresh start. Filing a consumer bankruptcy must be your last resort after exhausting all other options to avoid bankruptcy. Bankruptcy means debts are written off when the person receives their absolute discharge from bankruptcy. The bankruptcy law in Canada protects people from dishonest, unfair, or abusive practices by creditors.

However, in return for getting the relief of eliminating debts through bankruptcy, an undischarged bankrupt also has certain responsibilities.

These include:

  1. Making full disclosure to the Trustee.
  2. With the assistance of the Trustee, preparing the sworn Statement of Affairs and Statement of Income and Expenses.
  3. Delivering all assets and properties to the Trustee to be sold (other than for certain provincial exemptions).
  4. Attending the First Meeting of Creditors if one needs to be held.
  5. Attending two financial counselling sessions with the Trustee or a member of the Trustee’s staff. Attendance at credit counseling sessions is also the case in a consumer proposal.
  6. Providing monthly statements of income and expenses while an undischarged bankrupt.
  7. Generally providing any assistance requested by the Trustee.

In providing debt-relief options, the Canadian bankruptcy system is designed to provide fairness to both debtors and creditors while allowing the person to financially rehabilitate themselves.

what does a licensed insolvency trustee do
what does a licensed insolvency trustee do

What does a licensed insolvency trustee do?: Final thoughts

What does a licensed insolvency trustee do? Licensed insolvency trustees are insolvency practitioners. They are debt professionals who deal with and provide services to individuals and businesses with debt problems that are experiencing financial issues that can only be resolved through an insolvency process. Licensed insolvency trustees are professionals, offering affordable solutions to financial struggles.

I hope you found this what does a licensed insolvency trustee do Brandon’s Blog about helpful. Sometimes things are too far gone and more drastic and immediate triage action is required.

Do you have too much debt? Are you 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.

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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 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 in 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 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.

what does a licensed insolvency trustee do
what does a licensed insolvency trustee do
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