Tag: debt settlement

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Brandon Blog Post

BANKRUPTCY ACT CANADA: ARE YOU REALLY PREPARED FOR IT?

Introduction

No person wishes to go make a filing under the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (Bankruptcy Act Canada), however occasionally it is inevitable. You might think that people who file are just those that are careless with their finances. However, with most of the people I see, it is usually an event outside of their control that pushes them over the edge.

In personal bankruptcy, things such as illness, divorce, job loss, unanticipated catastrophes, identity theft and fraud are many times the causes of insolvency. Of course, lack of proper budgeting, overspending and inappropriate uses of credit are also involved. In corporate insolvency, the #1 cause always seems to track back to management.

Insolvency filings happen every year. In 2018, a total amount of 128,846 insolvency filings were made with the Office of the Superintendent of Bankruptcy (OSB). This is 2.4% more from 2017. Consumer insolvency filings increased 2.5% (125,266 filings), while company filings dropped 0.8% to 3,580.

At the very same time, people choosing to avoid bankruptcy by filing a proposal continued increasing in 2018, bringing this number to a brand-new level. Proposals represented 52.6% of consumer filings in 2017. In 2018, they expanded by 6.6% to 56% of all personal filings.

Are you considering a Bankruptcy Act Canada filing, or at least speaking to a Licensed Insolvency Trustee (formerly called a trustee in bankruptcy) (Trustee)? In order to help you start your fact-finding, I want to tell you what will happen to your bank accounts, retirement accounts and your other important financial funds. Understanding what to anticipate can assist you to stay clear of some pricey blunders.

Bankruptcy or (consumer) proposal

Being insolvent is that you are not able to settle your financial debts. People with severe financial problems can make Bankruptcy Act Canada filing by filing either for bankruptcy, a consumer proposal or Division I proposal.

Proposals are official methods controlled by the Bankruptcy Act Canada for personal filings. Dealing with a Trustee you make a proposal to:

  • Pay your creditors a portion of what you owe them over a particular time period not going beyond 60 months
  • Extend the time you need to settle the debt
  • Or a mix of both

The Proposal is made via the Trustee, who uses the money in your proposal fund to pay the cost of administration and distribution to each of your creditors their pro-rata share. A consumer proposal needs to be finished within 5 years from the day of filing.

Proposal

People with severe financial problems can apply for bankruptcy. They can also try to avoid bankruptcy by using the Proposal provisions of the Bankruptcy Act Canada.

There are numerous advantages to avoiding bankruptcy. The main differences between proposals and bankruptcy are:

  • Unlike informal debt settlement, a Proposal produces a binding discussion forum where each of your unsecured creditors has to participate in for your debt restructuring.
  • You can keep your property, including your home, if you can afford to in your budget.
  • Lawsuits against you and enforcement proceedings, such as wage garnishments, cannot begin or continue.
  • In a successfully completed Proposal, you do not need to file for bankruptcy.

Keep in mind that financial institutions have “set-off” legal rights, implying that if you declare bankruptcy or file for bankruptcy when you’re behind in payments to them, they will take the funds in your accounts to try to cover all or some of what you owe them. This is notwithstanding that there is a stay of proceedings once a Bankruptcy Act Canada filing takes place and such an offset really should not take place.

So if you are thinking of filing either for bankruptcy or a proposal, I want you to be prepared for what might happen to your financial assets.

Your bank account

In a bankruptcy, the cash in your bank account is a property which must be paid over to the Trustee. Upon your filing, the Trustee will put all your banks on notice to provide the funds in any accounts maintained with them to the Trustee. As noted above, the bank may very well offset cash in your savings or chequing account against the money you may owe them, including credit card debt.

In a Proposal, you do not lose control of the money in your bank accounts. Rather, they are considered by the Trustee in formulating the type of Proposal you should offer your creditors. Remember, your Proposal must offer your creditors a better alternative than your bankruptcy would. However, even though there is a stay of proceedings invoked once you file your Proposal, it is not uncommon for a bank where you maintain an account and to whom you owe money, to take the money in your account and offset it against what you owe them.

So the moral of this story is that you are best to have bank accounts at financial institutions to whom you do not owe any money.

Registered Retirement Savings Plan (RRSP), Registered Retirement Income Fund (RRIF) or Deferred Profit Sharing Plan (DPSP)

In a bankruptcy, your RRSP, RRIF or DPSP are excluded from seizure. However, the Trustee is entitled under the Bankruptcy Act Canada to receive the equivalent to any amounts contributed to these accounts in the 12 months preceding your filing date. In a Proposal, this 12-month amount must be included by the Trustee in the calculation of what amount your Proposal should offer your creditors.

Canada Pension Plan (CPP) and Old Age Security income (OAS)

Canada Revenue Agency (CRA) is the only one permitted to garnish your CPP earnings if you have an unpaid personal income tax. By filing either for bankruptcy or a Proposal, the stay of proceedings will be invoked and CRA will have to stop the garnishment of your CPP and you will get the CPP payments you are qualified for.

However, the earnings obtained from CPP and OAS will certainly be taken into account by the Trustee in determining if you have any surplus income payment obligation in bankruptcy. In a Proposal, that amount also has to be considered in developing your Proposal.

Tax-Free Savings Account (TFSA), Registered Education Savings Plan (RESP) and other non-registered account investments

In a bankruptcy, just like any other non-exempt property, the amount held in your TFSA and any other non-registered investment account must be paid to the Trustee. In a Proposal, these amounts need to be taken into account in determining what type of Proposal to make. It may very well be that these accounts are collapsed in order to help fund a Proposal.

Similarly, RESPs are not excluded in personal bankruptcy. In a Proposal, the amount must be considered as an asset in calculating how much must be offered in your Proposal to stand a chance for success.

The reason that an RESP is not excluded from seizure in bankruptcy is relatively straightforward. Your child does not acquire ownership or other entitlement to the RESP funds as parents can take possession of the funds prior to the child becoming a post-secondary school student. For that reason, it is the parents who have ownership of the funds.

Consequently, the Trustee of an insolvent mother or father that has an RESP can collapse it. If the parent in bankruptcy wants the RESP to not collapse, adequate arrangements need to be made with the Trustee for the equal amount of funds in the RESP at the filing date be paid to the Trustee for the bankruptcy estate and the bankrupt’s creditors.

Annuity revenue in bankruptcy

Annuities are agreements where you pay a company (normally an insurance company) a specific amount, in order to get regular monthly payments for a specific period of time or for the remainder of your life.

If an annuity contract is properly set up with an insurance company, it will be exempt from seizure in bankruptcy. However, the income stream it produces will be considered by the Trustee in determining whether the bankrupt person has a surplus income obligation.

Your RRIF can also be considered as an annuity as it provides a legislated stream of payments. The RRIF is exempt from seizure in a bankruptcy, other than for any contributions in the 12 months immediately prior to filing. Like an annuity, the entitlement to payments will be considered by the Trustee in doing the surplus income calculation.

In a Proposal, you don’t give up ownership of an annuity contract or RRIF, but the income must be considered in preparing a suitable Proposal.

Bankruptcy Act Canada summary

Do you have financial problems? Do you not have enough money to pay your bills in full when due?

As a Trustee, we are the only professionals licensed, authorized and supervised by the federal government to offer insolvency advice and to implement solutions under the Bankruptcy Act Canada. A consumer proposal is a federal government licensed debt settlement plan to eliminate your debt. We will help you to select what is best for you to free you from your debt issues.

Call the Ira Smith Team today so we can eliminate the anxiousness, tension, discomfort and pain from your life that your cash problems have caused. With the unique roadmap, we develop just for you, we will promptly return you right into a healthy and balanced problem-free life.

Call the Ira Smith Team today. We have generations and decades of experience helping people and companies looking for debt restructuring and a debt settlement plan to AVOID bankruptcy.

You can have a no-cost consultation so we can work with you to fix your money troubles. Call the Ira Smith Team today. This will certainly allow you to go back to a new healthy and balanced life, Starting Over Starting Now.

bankruptcy act canada

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Brandon Blog Post

CONSUMER PROPOSALS: HOW MANY ARE REJECTED?

Introduction

When people with high debt come to see me for their free consultation, many times I shock them. They are shocked when I tell them that bankruptcy might not be required. I then tell them about consumer proposals. I also explain why I think they would be able to successfully complete a consumer proposal (CP) and therefore avoid bankruptcy.

What are consumer proposals?

I have written on the topic many times. In summary, a consumer proposal is a streamlined process under the Bankruptcy and Insolvency Act (Canada) (BIA). This process allows insolvent people to make a formal deal with their creditors. This government approved debt settlement plan is to repay only a portion of what you owe and you can take as long as 5 years of regular monthly payments to do so.

To qualify, the person must be insolvent and owe $250,000 or less to all creditors, other than for any debts secured by way of registration against your principal residence, such as a mortgage.

The person will then ask me how many we have done were rejected. They are trying to determine what the odds are for their deal to be accepted by their creditors. What I tell them is that I first do an assessment and tell them what amount of offer I think they need to make to gain the approval of their creditors. I also tell them that so far, anyone who has followed my advice has had their consumer proposal accepted by their creditors. Therefore, the number of those rejected by people who follow my advice is ZERO.

The benefits

There are benefits to submitting a successful debt settlement payment plan sanctioned under the BIA. The benefits include:

  • Unlike an informal debt arrangement, the CP develops a forum where each of your unsecured creditors has to participate in for your debt restructuring.
  • You maintain your assets and don’t have to give them up.
  • Lawsuits against you or your property and financial debts, or enforcement actions such as wage garnishments, cannot proceed.
  • You do not need to submit an assignment in bankruptcy

The process

Once prepared, the CP is submitted to the Office of the Superintendent of Bankruptcy Canada (OSB), the government department that controls Licensed Insolvency Trustees (formerly called bankruptcy trustees) (Trustee). The Trustee acts as the Administrator of the CP.

Once it is submitted, you will quit paying your unsecured creditors for past debts. The Trustee will send a notice of the filing along with a copy of the CP to all creditors affected by the CP. This includes anyone suing you or garnishing your earnings. Those activities against you will stop also.

Your creditors will have 45 days to accept or decline the debt settlement CP deal. If your unsecured creditors are disappointed with the proposal, they can vote against. In that case, the Trustee will discuss modifications with you that the Trustee believes the creditors might accept. That discussion will take place prior to the against vote counting. Usually, this means offering more money to them over the maximum 5 year period. The key is that you have to be able to afford to make those higher monthly payments. It will still be only a portion of the total you owe.

In order for consumer proposals to be accepted, a simple majority of your creditors by dollar value who has filed a proof of claim must approve it. If creditors who have filed a proof of claim choose not to vote, that is considered a vote in favour. You also may not even need to have a meeting of creditors. Unless creditors holding 25% in dollar value of the claims filed to request a meeting, or the OSB requests a meeting, there is no need to hold one. If a meeting is not requested, the proposal is deemed to be accepted by the creditors. This is all part of the streamlining.

Acceptance and performance

If your CP is accepted, the OSB (or any type of other interested parties) has 15 days to ask the Trustee to go to court to have the deal court approved. If no such demand is made, the debt plan is deemed to have actually been accepted by the court. More streamlining.

After acceptance and approval, the person is then accountable for making the regular monthly payments to the Trustee that was promised in the debt management plan. There will also be 2 counselling sessions for the person to attend with the Trustee to help them with their financial issues and behaviour.

If you miss 3 monthly payments, or you are greater than 3 months overdue since your last payment, the proposal will be considered annulled. This indicates to your creditors that they are now able to either resume or begin collection actions against you. Not a good thing.

Full performance

As I previously mentioned, the person must successfully complete the debt management settlement plan by making all the required payments and attending the 2 counselling sessions. When completed, the person is entitled to receive a Certificate of Full Performance. This means that you have successfully completed the CP and that all debts caught by it are discharged.

The Trustee will then finalize the administration of your debt settlement plan, get the necessary OSB approval and distribute the money to all the creditors who have filed a proof of claim. The Administrator also is entitled to the government approved fee.

Summary

Consumer proposals must provide your creditors with a better outcome than what they would get in your bankruptcy. I have never had a consumer proposal rejected for someone who took my advice and made all the payments required.

Are you in financial distress? Do you not have enough funds to pay your bills as they come due?

As a Trustee, we are the only professionals acknowledged, accredited and also managed by the federal government to provide insolvency advice and services. A consumer proposal is a federal government licensed debt settlement approach to eliminate your debt. We will certainly help you to pick what is best for you to clear your own debt issues.

Call the Ira Smith Team today so we can eliminate the stress, anxiety, discomfort and pain from your life that your cash problems have produced. With the distinct roadmap, we develop just for you, we will swiftly return you right into a healthy and balanced problem-free life.

We have years and generations of experience assisting people and companies looking for debt restructuring to PREVENT bankruptcy. You can have a no-cost analysis so we can help you to fix your financial troubles. Call the Ira Smith Team today. This will certainly allow you to go back to a new healthy and balanced life, Starting Over Starting Now.

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Brandon Blog Post

CONSUMER PROPOSAL CALCULATOR REVIEW FOR YOU

consumer proposal calculator

If you would prefer to listen to the audio version of this consumer proposal calculator Brandon’s Blog, please scroll down to the bottom of the page and click on the podcast

Introduction

A consumer proposal calculator is important to figure out what sort of debt settlement plan should be offered to your creditors. But to have a truly successful one, you really need clear language. In Brandon’s Blog, I review a recent court case that explains why.

Shelly Gail Corriveau bankruptcy

I recently read the Reasons for Decision dated June 13, 2019 by Registrar in Bankruptcy L.A. Smart of Court of Queen’s Bench of Alberta. This case is in the matter of the bankruptcy of Shelly Gail Corriveau. The case reference is Corriveau (Re), 2019 ABQB 438 (CanLII).

Ms. Corriveau filed an assignment in bankruptcy in April 2012. She had unsecured creditors of roughly $73,000. The reason for her insolvency was stated as offering monetary help to her child’s business. She was by all accounts a perfect example of an honest but unfortunate debtor. At the time of the bankruptcy, her only asset was her house.

In June 2012, Ms. Corriveau got a gift from her mom of $46,000. It featured instructions that $6,000 of those funds be utilized for children and certain other matters. She spent the $6,000 as instructed, with the balance of the $40,000 being paid to her licensed insolvency trustee (formerly called a trustee in bankruptcy) (the Trustee) for the benefit of her creditors.

The home was sold in October 2012. From the sale, she received her provincial exemption of $40,000 with the balance of $3,916.21 being paid to her bankruptcy estate.

Ms. Corriveau files a consumer proposal

On May 12, 2013, Ms. Corriveau advised her Trustee she had received an inheritance of $15,000 from her Mother’s estate. On May 26, 2013, Ms. Corriveau submitted a consumer proposal. The Trustee served as the Administrator of the consumer proposal.

The proposal in paragraph 4 states:

“4. That the following payments be made to [Name omitted to not embarrass the guilty] Trustee in Bankruptcy, the administrator of the consumer proposal, for the benefit of the unsecured creditors:

Proposal payments to total $10,000.00. The of (sic) funds will be provided to the Administrator as follows – $300.00 filing fee to be paid at time of filing and then a lump sum payment of $9,700.00 due 60 days after the proposal is court approved (all payments to be made within the 60 months proposal period)

The debtor reserves the right to accelerate payments should funds become available.

*** NOTE *** – There will be a significant dividend paid from the bankruptcy administration.”

In accordance with the requirements of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA), the consumer proposal Canada read that the payments must be completed within 60 months.

The Trustee recommended acceptance of the proposal. In his report to creditors he stated:

“This proposal will provide the debtor with relief and allow the debtor’s affairs to be restructured in an orderly fashion. It will allow the debtor to annul her bankruptcy and provide for a greater return to the creditors when compared to the bankruptcy option.”

The consumer proposal was deemed accepted by the creditors and approved by the Court. Ms. Corriveau made all the required payments and received her Certificate of Full Performance on August 2, 2013.

Have you “Noted” the problem yet?

Under the BIA, a bankrupt is allowed to lodge a proposal with the Trustee; either a consumer proposal or a Division I Proposal. In either format, it is a debt settlement plan that the bankrupt is proposing for acceptance by the debtor’s creditors. By definition, if the proposal is fully carried out, then the person or company’s bankruptcy is annulled.

When bankruptcy is annulled, it is declared to have had no legal existence. It is as if it never happened. The annulment of the bankruptcy takes place upon the approval or deemed approved by the court of the consumer proposal. There will never be a distribution to the creditors from the bankruptcy administration. The Trustee, in this case, did not issue any funds from the bankruptcy, yet.

So the Note that the Trustee added, “There will be a significant dividend paid from the bankruptcy administration.” is problematic. Actually, it is more than problematic. It is just plain wrong.

Now the Trustee wishes to complete the bankruptcy administration. The Trustee submits its Statement of Receipts and Disbursements as required to the Superintendent of Bankruptcy (OSB) for approval. This issue came before the Court because of the OSB’s unfavourable comment letter dated June 15, 2018.

The Court’s analysis

Section 66.4(2) of the BIA states:

“Where consumer debtor is bankrupt

(2) Where a consumer proposal is made by a consumer debtor who is a bankrupt,

(a) the consumer proposal must be approved by the inspectors, if any, before any further action is taken thereon;

(b) the consumer debtor must have obtained the assistance of a trustee who shall act as administrator of the proposal in the preparation and execution thereof;

(c) the time with respect to which the claims of creditors shall be determined is the time at which the consumer debtor became bankrupt; and

(d) the approval or deemed approval by the court of the consumer proposal operates to annul the bankruptcy and to revest in the consumer debtor, or in such other person as the court may approve, all the right, title and interest of the trustee in the property of the consumer debtor, unless the terms of the consumer proposal otherwise provide.”

There is a similar provision for Division I Proposals.

The Court looked at the:

  • Statute
  • wording of the consumer proposal
  • Trustee’s report to the creditors on the consumer proposal; and the
  • Trustee’s actions in administering the proposal.

The Court had to decide if the Note was a term of the proposal or not. The Registrar took all factors into consideration, including that the Trustee issued to Ms. Corriveau the certificate evidencing full completion of the proposal upon her payment of $10,000.

The Registrar decided that the Note was an unfortunate error and that the only intention was for the creditors to share in the distribution from the consumer proposal with a gross value of $10,000.

Now for the treatment of the funds collected by the Trustee under the bankruptcy that is now annulled. The Registrar further concluded that consumer proposals that purport to also include a distribution from the funds held in the bankruptcy administration, must include clear and precise language in the proposal. The Registrar said that the Trustee failed to do so.

Therefore, the Registrar concluded that subject to any entitlement to fees by the Trustee from the bankruptcy administration, the funds held in the annulled bankruptcy are Ms. Corriveau’s property and should be returned to her. Costs of the application will be dealt with at the taxation of the Trustee’s account. The Trustee was directed to arrange a suitable date for that taxation to proceed before that Registrar.

Consumer proposal calculator summary

A proposal must offer the creditors a better result than what they would get in a person or company’s bankruptcy. So although a consumer proposal calculator is important, I think clear language is more important.

Are you in financial distress? Do you not have sufficient funds to pay your commitments as they come due?

Call the Ira Smith Team today so we can remove the anxiety, stress, pain and discomfort from your life that your money troubles have created. With the distinctive roadmap, we establish simply for you, we will quickly return you right into a healthy and balanced problem-free life.

As a Trustee, we are the only experts recognized, licensed and supervised by the federal government to give insolvency recommendations and to carry out insolvency procedures. A consumer proposal is a federal government authorized debt negotiation strategy to do that. We will assist you to choose what is best for you to rid yourself of your debt problems.

Call the Ira Smith Team today. We have years as well as generations of experience helping people and companies searching for debt restructuring, a debt negotiation strategy, or a consumer proposal Ontario to AVOID bankruptcy. You can have a no-cost evaluation so we can aid you to repair your financial problems. Call the Ira Smith Team today. This will let you return to a brand-new healthy and balanced life, Starting Over Starting Now.

 

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Brandon Blog Post

CREDIT COUNSELING: EVEN FREE MAY NOT GET YOU TO TALK

Introduction

In my May 3, 2017, Brandon’s Blog, DEBT SETTLEMENT OR CONSUMER PROPOSAL CANADA: REPORT SAYS CONSUMERS HARMED, I told you about a Government of Canada research study. On April 28, 2017, the Office of the Superintendent of Bankruptcy (OSB), released its study. It revealed the OSB’s concerns about credit counseling services in Canada who were doing more than just counselling, be they for-profit or non-profit.

The concerns

The concern was that the consumer was being harmed. The main areas of concern for the OSB were:

  1. Consumers paid more money than required if they had first seen a licensed insolvency trustee (previously called a bankruptcy trustee) (LIT or Trustee) rather than the debt settlement company.
  2. Dishonest debt relief firms chatted customers right into expensive car loans under the scare tactic that they would not qualify once they filed either a consumer proposal or for bankruptcy so now was the time to improve their credit score.
  3. The debt negotiation firms had no accreditation or experience to provide the sort of financial advice they were offering.
  4. Creditors obtained much less than they would have received if the insolvent person went first to see the LIT.
  5. Debtors had no idea of their obligations under the insolvency process they ended up filing for. They were not offered the chance to experience one of the most essential facets of the Canadian bankruptcy system, economic recovery.

Public consultation

On November 24, 2017, the OSB sought public consultation on amending the process by which a LIT must perform credit counselling as part of the administration of consumer proposal filings. Changes were implemented and given time to see how they would work in practice.

On June 17, 2019, the OSB announced that it was seeking public consultation on a new Directive for LITs on credit counselling. These changes are meant to streamline the administrative structure for insolvency credit counseling.

All the changes are to better control the Trustees who receive referrals from debt settlement companies that charge the debtors for services that they really do not require before handing them over to a LIT to administer a consumer proposal.

Why not just go see a Trustee first?

It makes the most sense when you realize you are in financial trouble to see a LIT. A Trustee is only professional licensed, recognized and supervised by the federal government to provide insolvency advice and to administer insolvency filings to eliminate debt problems. A restructuring proposal is a government and court approved debt settlement plan to do that. In a first consultation, a Trustee will listen to all the issues and then provide a debtor with all the available alternatives. The aim is to avoid bankruptcy. This first consultation is also free! No charge! Gratis!

So why don’t more people do so? I believe the answer is in a recent Angus Reid poll titled The Awkward Silences Survey 2019. The survey says one-in-five Canadians claimed they least like to talk about:

  1. Embarrassing health and wellness concerns – 20%
  2. Sex – 18%
  3. Finances – 17%
  4. Religious beliefs or politics 17%
  5. Small talk – 15%
  6. Family and relationships – 13%

The unwillingness to talk about humiliating health and wellness problems was more widespread amongst males (23%) than females (17%).

When asked which one money and finance subject people like discussing the very least, personal debt and bankruptcy led by a big margin with one-in-three stating it was off limits to discuss (34%). This number is significantly greater in Quebec (42%) and least in Ontario (28%).

The survey says Canadians said that in the money and finance area, the least favourite topics they like to talk about are:

  1. Personal debt or bankruptcy – 34%
  2. Assets, liabilities and net worth – 22%
  3. Their income – 16%
  4. How they spend their money – 12%
  5. Savings and investments – 11%
  6. Their mortgage – 5%

I don’t do government approved and free

I always knew that going to see a Trustee to talk about financial problems was not high on anyone’s list. This recent survey is the first time that I have seen it studied with anything other than anecdotal stories. This could explain why even though it makes the most sense, people avoid it for as long as they can. It also explains why people will search out companies that try to candy coat the topic and call it something nicer. Unfortunately, as the OSB studies have shown, consumers do so to their own detriment.

People would rather pay good money they can’t afford to be hoodwinked by an unscrupulous debt consultant until they realize they have no choice but to see a Trustee. At that point, most of their various options are no longer available and bankruptcy is more often than not inevitable.

Whether it is a business or a person, corporate or personal, it will help to talk about it to a Trustee. Sticking your head in the sand will not make things better. There are various options to look at depending on how early on you seek help.

Corporate financial problems

For corporate financial problems, the options may include:

Refinancing with a new lender who has not grown weary.

Sometimes relationships, including business relationships, just run their course and fatigue sets in. I was recently consulted by a company whose banker grew tired of their turnaround plan, that was working. By introducing this company and its senior management to a new lender, who saw the long term benefits of lending to a company that was successfully turning itself around, the company was able to refinance and continue their business.

Corporate restructuring.

Sometimes a more formal plan needs to be put into place using one of Canada’s two federal statutes: (i) Companies’ Creditors Arrangement Act (Canada) (CCAA); or (ii) the proposal provisions of the Bankruptcy and Insolvency Act (Canada) (BIA). We have done many.

Receivership or bankruptcy proceedings to take assets from a sick company and get them into a healthy one to save jobs and the business.

Sometimes the corporate body is just too sick and weak and cannot continue. However, taking healthy assets and employees and transferring them to a new or different corporation can revitalize a business and save jobs. The old shareholders may or may not be associated with the new company. However, the highest value will be obtained for creditors, employees and all other stakeholders.

Personal financial problems

For personal financial problems, the options may include:

Credit counseling and budgeting.

Many people need help with items such as:

  • Budgeting
  • achieving financial goals
  • spending habits
  • responsible use of credit

Many times once this help is received, people can continue on themselves without any further problems.

Debt consolidation.

Debt consolidation is the process that permits you to roll your varied financial debts owing to many creditors into one single loan, leaving you with just one creditor. If you are starting to have troubles staying on top of your minimum month-to-month payments, and the amount of your debt is frustrating you, debt consolidation is a choice worth thinking about.

A consumer proposal and Division I Proposal.

A consumer proposal and a Division 1 proposal are options to filing bankruptcy. Although comparable in several aspects, there are some significant distinctions. Consumer proposals are offered to people whose financial debts aren’t more than $250,000, not including any debts registered against your personal house. Division 1 proposals are readily available to both companies and people whose financial obligations go beyond $250,000 (omitting mortgages registered on their primary home).

A consumer proposal is an official process under the BIA. Dealing with a Trustee you make a proposal to:

  • Pay your creditors a percentage of what you owe them over a specific amount of time
  • Extend the time you need to repay the debt
  • A mix of both

Repayments are made via the Trustee, who makes use of that money to distribute to each of your creditors. The agreed to a lesser amount of debt has to be repaid within 5 years.

Bankruptcy.

Sometimes when there are no other options, but the pain and stress of your debt load are just too much for you to handle, and you can’t see any other way, bankruptcy may be the only answer. The purpose of bankruptcy in Canada is to return the honest but unfortunate debtor back into society, so that they may be a productive member going forward.

Are you ready to talk about finances now and get some real credit counseling?

Don’t be like those people who took part in the Angus Reid survey. Take a positive step in the right direction to help your company and yourself.

Is your business in financial distress because you cannot collect your billings? Do you not have adequate funds to pay your creditors as their bills to you come due?

If so, call the Ira Smith Team today. We have decades and generations of experience assisting people looking for financial restructuring, a debt settlement plan and to AVOID bankruptcy.

A restructuring proposal is a government approved debt settlement plan to do that. We will help you decide on what is best for you between a restructuring proposal vs bankruptcy.

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

You can have a no-cost analysis so we can help you fix your troubles. Call the Ira Smith Team today. This will allow you to go back to a new healthy and balanced life, Starting Over Starting Now.

credit counseling

Categories
Brandon Blog Post

CAN YOU FILE BANKRUPTCY AND KEEP YOUR HOME AND CAR? [2019 CAR EDITION]

Can you file bankruptcy and keep your home and car? Introduction

We are often asked the question, can you file bankruptcy and keep your home and car? In my last Brandon’s Blog, I described the circumstances to answer the question can you keep your house if you file bankruptcy in Canada. Here is the link to the blog, IF I FILE FOR BANKRUPTCY ONTARIO WILL I LOSE MY HOME? [2019 EDITION]. In this blog, I will tell you what happens to your automobile when you file bankruptcy.

Can you file bankruptcy and keep your home and car? Do they take your car if you file bankruptcy?

Can I keep my car if I file bankruptcy in Ontario is also a common question. The answer is if you need to or want to and can afford to, then yes. Let me explain. The most common range of situations involving a person filing for bankruptcy and their car are:

If the wheels are owned by an employer, then there is no issue. If you file for bankruptcy, the employment continues and access to the company automobile also does.

If the auto is owned by your spouse, then it is not your asset and is not directly impacted by your bankruptcy. In the case of a leased automobile, the vehicle is owned by the lessor, not you. So again, a leased car is not directly impacted by your bankruptcy.

However, if the car is leased, do you really need that specific car? Can you keep up with your lease payments? If you fall behind in payments, the lessor can retrieve its vehicle, bankruptcy or no bankruptcy.

In the case of where your car is financed, whether it is owned by you or your spouse, the same question remains. Can you afford to keep up the payments as part of the household budget? Do you need that specific vehicle?

Can you file bankruptcy and keep your home and car? Can you file bankruptcy on car loans?

This may seem like an odd question, but in a way of speaking, the answer is yes. The same is true if the car is leased by you.

If you have decided that you can no longer afford the financing or lease payments and you don’t need that specific vehicle, it is possible to return the car to the lessor or lender and have the fallout from that termination count in the debts caught in the bankruptcy proceedings. That is what I call filing bankruptcy on car loans. However, to do so, you must follow certain steps very carefully.

What I always advise people who cannot afford to keep the car payments and are going to lose it anyway, is to return the car BEFORE they file either a consumer proposal or for bankruptcy. Then you must wait to receive notice of default from the lessor or lender and that they are accelerating their claim for the breach of the lease or the shortfall from the sale of the vehicle.

The reason you have to wait is if you file a consumer proposal or for bankruptcy before they make this demand on you, they could take the position that their debt crystallized after you filed. The last thing you want is for their debt to be a post-filing claim. A post-filing claim is payable in full by you. So with some planning and patience, it can be a pre-filing claim, caught in your consumer proposal or bankruptcy.

If your spouse has guaranteed payment of the car lease or car loan, then this strategy may not be the best for you. The lessor or lender, in this case, would have the right to demand full payment from the guarantor. So, you may not have accomplished anything by doing this.

If you choose to do this, but you do require a car, then you, your spouse, a good friend or your employer will have to arrange for a new auto for you that your family budget shows you can afford to pay for. As you can see, the decision is not a simple one. You must very carefully analyze this situation before taking any action.

Will I lose my car if I declare bankruptcy if I want to keep the car I own?

Not automatically. In bankruptcy, like with your home, the Trustee is not entitled to the car. What the Trustee is really entitled to is the equity in the auto. The Trustee would rather receive cash representing the car’s equity, and not taking possession of your car.

Think about it. By taking possession the Trustee has to store and insure the car and then sell the used car. It is much easier for a Trustee to just accept cash; either a one-time payment or in regular monthly installments.

The equity in a car is calculated as follows:

  1. Find the car’s current market or black book value. The price you paid for the car is not the current value of the auto. A Trustee always runs a black book desktop appraisal of a car and can tell you what that number is.
  2. If you have a car loan and the lender registered security against the auto, you have to deduct the current amount outstanding on that loan. If you don’t have any such financing, then you would not deduct anything. After performing this part of the calculation, move on to step 3 below.
  3. In Ontario, under the regulations to the Ontario Execution Act, RSO 1990, c. E.24, a person is entitled to an exemption of $6,600 for one vehicle. So you need to deduct $6,600 from the amount you arrived at in your calculation in number 2 above. If you end up with a negative number, there is no equity. If you get a positive number, that is the equity you have in the car.

As I mentioned before, the Trustee would rather make arrangements with you to get that value in cash during your bankruptcy administration, rather than taking possession of your auto. Don’t get me wrong. If you have a high-end valuable car, or you can’t come up with the cash over time to pay the Trustee your equity, the Trustee will have no hesitation to take possession of your car. It just isn’t the Trustee’s first choice to do so.

So I hope that by now you understand why I say the answer to the question, will I lose my car if I declare bankruptcy, is if you need to or want to and can afford to, then yes!

What Will filing for bankruptcy do?

As I have written many times in earlier Brandon’s Blog articles, bankruptcy should be the last choice. Bankruptcy will allow the honest but unfortunate person to get financial rehabilitation. It will allow that insolvent person to reenter society as a person free from their debts.

Do you have way too much debt? Are you having trouble making your month-to-month expenses? Is your business having a difficult time managing its financial challenges that you simply can not figure the escape of?

Call the Ira Smith Team today so you can end your stress and anxiety that your monetary troubles have caused. With the unique roadmap, we establish special for you, we will immediately return you right into a healthy and balanced trouble-free life.

If so, call the Ira Smith Team today. We have years and generations of experience helping people and companies searching for financial restructuring or a debt settlement strategy. As a licensed insolvency trustee, we are the only specialists acknowledged, certified and supervised by the federal government to offer insolvency advice and options to assist you to avoid bankruptcy.

You can have a no-cost assessment now to assist you so we can fix your debt troubles. Call the Ira Smith Team today. This will most definitely allow you to get back to Starting Over Starting Now.

can you file bankruptcy and keep your home and car

 

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4 TOP MONEY SAVING APPS CANADA SECRETS

money saving apps canada

If you would rather listen to the audio version of this money saving apps Canada Brandon’s Blog, please scroll to the bottom and click on the podcast.

Money saving apps Canada: Introduction

If you have followed Brandon’s Blog for any time, you will know that I have written many articles on:

You will also know that I am a big cheerleader for always having an emergency savings fund in the event of, well, an unforeseen emergency. Technology has now met the world of finance. There are apps for both the iPhone and Android that you can use to automatically put money away to build up an emergency fund. These apps that help you save money Canada also help you invest the money. The purpose of this blog is to introduce you to some of these money saving apps Canada that help you save money in Canada.

All of the four money saving apps Canada I mention here are Canadian applications. These apps are for both iPhone and Android. They are apps to help you save money. All links to these fintech apps indicated below are for information only used for this review. They are not affiliate links and I do not earn any money if you end up registering for any of them.

Money saving apps Canada: KOHO

This is one of several Canadian fintech applications. This is how Koho works. When you join and download and install the application, you’ll enter your details. Koho will send you a card powered by Visa. The easiest way to think of it is that Koho works like a prepaid Visa Card. What you want to do is put funds on it as soon as you get your Koho Visa card. You can do this by e-transfer. E-transfers are normally accepted the same-day. You can also set up regular transfers from your pay.

As an example, let’s say you place directly from your regular pay a total of $1,000 a month on your Koho card for your regular spending. Set it up for your groceries, restaurants, coffee purchases as an example. Anything that you would either use cash, a debit card or credit card for. So things like your monthly rent or mortgage payment would not be paid for from your Koho card.

Once your funds are on your Koho card, you trigger it by going to buy your normal purchases with it. The first time you use the Koho card for a purchase you simply enter your PIN to activate it.

Koho is truly great about being a no-fee financial solution. There are no account charges, there are no transfer costs. If you spend a service charge for loading your Koho card with an e-transfer, they refund it back to you. That is why I include it in this list of money savings apps Canada.

Money saving apps Canada: Koho turn your savings on

Koho is my favourite of all the apps to save cash. When your card is turned on, you want this to be your only way of spending. This is because it is actually going to keep you in line. Koho tracks your spending for you. Wherever you spend your cash making use of the Koho card, it will instantly be tracked and classified in the app. Koho will also send you an alert saying, “you’ve spent this much in this place.” Koho provides all the information to you digitally, so it can avoid the need to keep spreadsheets or notes of your spending.

What is unique about Koho is it, in fact, alters your spending behaviour. It will:

  • record all your transactions, once it obtains some information;
  • will actually tell you your average costs by the week or the month; and
  • make predictions of how much you’re possibly going to spend based upon your present spending behaviour.

When you see those numbers, you start to reconsider the purchases you make.

The other manner in which it alters your behaviour is since you can only spend the cash that you’ve packed onto your Koho card, you look for deals and ways to save a lot more carefully than you would on a credit card or even your debit card.

When you open up the Koho application, your spendable amount is right at the top which is all the cash that you have to spend, so you’re very cautious with how you use it. You may not think this would be a method to substantially change your spending actions, but it really is.

Koho is an app that can really stop you from buying stupid things. Now you are saving. Now you have to be religious about transferring those savings every month to an investment account so that you start building up your emergency savings fund.

Money saving apps Canada: Royal Bank of Canada NOMI

The next of my money saving apps Canada is from Royal Bank. You have already probably seen commercials on television for the Royal Bank of Canada (RBC) fintech app NOMI (named for “know me”). The commercial shows two friends talking. One tells the other about his bank’s app that squirrels away cash to his savings account automatically and wonders why RBC is not called the “Squirrely Bank”.

RBC NOMI app is another one of the Canadian apps that help you save cash. It advertises itself as a simple way to manage your day-to-day spending. It makes handling your day-to-day spending as basic as can be. While you’re out living your hectic life, NOMI keeps an eye on your cash and ensures you’re on the right financial track.

NOMI assists you handle your day-to-day finances by offering you personalized and timely information based upon your spending and saving routines by:

  • Summarizing your daily financial transactions throughout all your accounts, including credit cards. NOMI knows when the deposit you made the other day is received or if your hydro bill is more than usual in a specific month.
  • Telling you when there has been an uncommon or new activity. Remember that gym subscription auto-renewal you registered for? Well NOMI knows that, and will even tell you if they’ve raised your charges this year.
  • Classifying your spending, with deep dives and easy-to-understand summaries to help you stay on the right financial track.

NOMI Find & Save can even set cash apart automatically to help you build up your emergency fund faster.

Money saving apps Canada: Scotiabank Bank the Rest

The third money saving apps Canada comes from Scotiabank (BNS). BNS has a savings program called Bank The Rest tied into any spending you do with your BNS debit card. It rounds up your purchases to your choice of either the closest $1 or $5. The additional amount is automatically moved to a Bank of Nova Scotia savings account for you.

This is a fun method of saving and is a clever way for this application to save you cash. Your purchases are assembled to the nearest multiple of 1 or 5. This allows you to bank extra funds due to the rounding up. If you purchase something for $6.45, you’ll bank $0.55 if you assemble to the nearest buck. Assemble to the nearest multiple of 5 (to $10 in this case), and you’ll bank $3.55. That’s a better and faster way for automatic savings from your spending.

Note that it is only for purchases on your BNS debit card, and not a credit card. This is a very smart thing. That way, the debit card, being just like cash, forces you to budget your cash spending and then makes an automatic savings program for you. This too will certainly help you build up that emergency savings fund. For this reason I call it the smartest of the money saving apps Canada in this list.

Money saving apps Canada: TD Canada Trust Track My Spend

The last in my list of money saving apps Canada is called Track My Spend. TD Canada Trust (TD) has developed an application that I believe will certainly be able to help you in keeping your budget plan. The app is called Track My Spend. Once activated, this app allows you to:

  • Attach to your eligible TD Accounts. TD instantly tracks your transactions and classifies them for you. No need to go into it to manually add expenses or link your TD Accounts. It will do it automatically for you.
  • Utilize the Spending Insights Meter to aid you to track how you’re doing compared to your common month-to-month spend. You will have the ability to get access to your Spending History (about the previous 12 months), so you can see precisely where your funds went.
  • Help control your spending by setting regular monthly group targets and attempt to not surpass them. Additionally, you can split a single transaction into greater than one group.
  • Get real-time notifications every time there’s a transaction in an eligible group, and assess your spending from the previous day with daily digest alerts. That way, you can keep an eye on your spending.

Although this app doesn’t automatically set money aside in an investment account, similar to Koho, it will change your spending patterns to allow you to save for that emergency fund.

Do you need more than just an app on your phone to deal with your debts?

Are you captured in the trap of excessive debt and only making minimal regular monthly repayments? Do you need more than just money saving apps Canada? Are you worried that future rates of interest increases will make currently affordable debt repayments entirely unaffordable? Is the stress, anxiety, and discomfort of your debt negatively influencing your health and wellness? Do you need a fresh kick-start and you don’t know where to begin? Do you believe that you need more than just an app on your phone?

If so, call the Ira Smith Team today. We have decades and generations of experience helping people and companies requiring financial restructuring. As a licensed insolvency trustee, we are the only professionals licensed and overseen by the Federal government to supply financial restructuring solutions.

Call the Ira Smith Team today to make sure that we can start assisting you. We will quickly return you right into a healthy and well-balanced stress-free life. We can create a debt settlement plan just for you to avoid bankruptcy, where we can even make the interest clock stop. This way, all your payments go only against the principal balances owing.

You can have a no-cost appointment to help you to fix your loan troubles. We recognize the pain financial debts and economic distress causes. We can end it from your life. This will absolutely allow you to start a fresh start, Starting Over Starting Now.

 

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DEBT HELP NEAR ME: OUR TORONTO DEBT REPAYMENT CALCULATOR STRATEGY

Debt help: Introduction

Canadian household debt is a problem for many Canadian families. So in this Brandon’s Blog, let’s chat about it.

There are two primary techniques for debt settlement: (1) debt stacking technique (also called the debt avalanche approach) and; (2) the debt snowball technique.

Debt help: Are you an avalanche or a snowball?

In the avalanche method, you pay off your liability with the highest rate of interest first, second highest next and so on. In the snowball technique, you pay off the single amount with the smallest outstanding balance first, second smallest second and so on.

Both techniques use, as soon as you’ve settled one, what you were paying goes to your next target balance. Avalanche can clearly conserve you cash because you are saving on interest costs. The additional amount above the minimum payment you can put towards reducing the debt goes totally against reducing the principal balance. Snowball theoretically might not save you as much with time, yet by using this technique, the quicker checkpoints wind up motivating you to place even more money against your debt.

Avalanche is more about the long haul while snowball is more about changing the way you think. When you see that you are just $60 from cleaning up one of your debts, you could select to toss that $60 right against your debt as opposed to heading out to eat.

Debt help: A real example

The best way to show this is to use an example. I will use the same set of facts and show you how the two methods would work.

Assume that you have 5 sorts of debt:

  1. An auto loan which has a current balance of $18,000, with a minimum monthly payment of $500 a month, at a 4.9% interest rate.
  2. Two student loans. One is down to $20,000. Excellent work at having it that reduced! The minimum repayment a month on that one is $300 and the interest rate is 4.6%. The 2nd student loan has a $10,000 current balance. The minimum monthly payment is $100 and is at a 5.9% interest rate.
  3. You bought some furniture and took advantage of a 24 month zero interest special promotion. You currently owe $7,581, the required monthly payment is $399 and you have 19 months left to go at the special promotion interest rate. Again, it is at a 0% rate of interest. If you do not pay off the balance in the next 19 months, the balance will then click away at 29% per annum.
  4. You only have one credit card. You owe $12,000 and it has a minimum monthly payment of $100. The annual interest rate is 19.8%.

So currently, your total debt is $67,500. Your monthly minimum repayments are a total of $1,429. At that level, it will take you about another 5 years to repay all your debt or some time in 2024 (other than for the furniture debt).

Through your budgeting, you see that you can squeeze an extra $171 out of your monthly budget to put towards your debt repayment. So overall you are paying $1,600 a month towards your debt. In the avalanche method, you will be debt free in February 2023. The interest paid throughout that time is $11,149.00.

Debt help: Repayment strategy options – Snowball vs. avalanche

Under the snowball method, you are done in April 2023. The interest paid in snowball is higher at $14,445.00. This is a difference of $3,296.00. You can certainly put those interest cost savings into your own savings plan. Also under the snowball method, it has you paying off the zero percent interest furniture loan in 13 months. The avalanche method puts the extra money against your highest interest rate credit card debt. It also lets you use the entire remaining 19 months to pay off the principal only furniture loan.

Nonetheless, both methods are valid. Under both methods, you pay off your debt a year earlier than if you did not use either of these methods and putting a bit extra against your principal. It depends what the characteristics of your debt load are. In my example, you would certainly pick the avalanche method, not the snowball method. This highlights the importance of budgeting so that you know what amount extra if any, you can squeeze from your budget towards debt repayment. Also, you can use one of the many free online calculators to figure out both the snowball and avalanche methods. That way you will know what is best for your situation.

The graphs

Let’s look at the graphs of these timelines. As you can see, the avalanche method gives you a steeper downward curve than the snowball method. Again, it is because you are paying off your debt quicker.

debt help

Budgeting and motivation

This also shows us that you have a bit more adaptability if you need to make a reduced repayment one month. Financial instability makes it difficult to toss additional money at debt. So when you’re not obtaining those incentives of getting rid of a kind of debt, it’s a little tougher to be urged. Conversely, seeing that you are chipping away at your debt will motivate you to keep refining your budget so that you can find more money to put against your debt.

The most vital thing is that you have actually developed a budget. Through the budgeting procedure, you found extra savings each month to put towards debt repayment. It’s going to take you a long time to repay your debt if you only pay the minimum monthly amount. Also, you’ll be squandering a great deal of cash on interest if you’re simply paying the minimum.

Are you caught in the debt trap?

Are you caught in the trap of too much debt and only making minimum monthly payments? Do you need debt consolidation Toronto? Are you stressed that future rates of interest increases will make presently affordable debt payments completely unreachable? Is the stress, anxiety, and pain of your debt negatively affecting your health and wellness?

If so, call the Ira Smith Team today. We have decades and generations of experience helping people and companies requiring financial restructuring. As a licensed insolvency trustee, we are the only professionals licensed and overseen by the Federal government to supply financial restructuring solutions.

Call the Ira Smith Team today to make sure that we can start assisting you. We will quickly return you right into a healthy and well-balanced stress-free life. We can create a debt settlement plan just for you to avoid bankruptcy, where we can even make the interest clock stop. This way, all your payments go only against the principal balances owing.

You can have a no-cost appointment to help you to fix your loan troubles. We recognize the pain financial debts and economic distress causes. We can end it from your life. This will absolutely allow you to start a fresh start, Starting Over Starting Now.

debt help

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INCOME TAX DEBT RELIEF: DO YOU KNOW THE WAY TO INCOME TAX DEBT RELIEF?

income tax debt reliefIncome tax debt relief: Introduction

As 2018 draws to a close, I want to wish all of our readers a very happy, healthy and prosperous New Year. I hope that 2019 will be a great year for all of us. You have no doubt been bombarded so far with emails, articles, and programs on getting income tax debt relief for 2018 by making sure that you have taken advantage of all possible deductions before the year ends tonight. I thought I would take a slightly different approach to talk about another rich and famous person who is in hot water with the IRS.

Income tax debt relief: Even the rich and famous have income tax debt problems

We have previously written about rich and famous people who have debt problems and who have filed for bankruptcy. Their debt problems arose mainly out of irresponsible spending, financial mismanagement and income tax problems. These blogs were written to show you that it is not only ordinary people who run into trouble. People who many would think to have “all the money in the world” can also have financial problems. Financial mismanagement is not only an illness of the poor or middle class. It can strike anywhere or anyone.

Income tax debt relief: Some of our past rich and famous financial disaster blogs

Our previous financial mismanagement of the rich and famous includes:

FAMOUS CELEBRITY BANKRUPTCIES HAPPEN TOO

In this blog, I pointed out that many rich and famous people have gone bankrupt, including:

  • Samuel Clemens (Mark Twain)
  • Michael Jackson
  • Abraham Lincoln
  • Dorothy Hamill – Gold Medal Skater
  • Johnny Unitas – Football Hall of Fame
  • Milton Hershey – Founder Hershey’s
  • H.J. Heinz – Founder Heinz
  • Marvin Gaye
  • Mick Fleetwood – Fleetwood Mac
  • Walt Disney
  • Larry King
  • Burt Reynolds
  • PT Barnum
  • Tom Petty
  • David Cassidy
  • David Crosby
  • Ed McMahon
  • Henry Ford
  • M.C. Hammer
  • Toni Braxton
  • Natalie Cole
  • Robin Williams
  • 78% of former NFL players have gone bankrupt or are under financial stress because of joblessness or divorce within two years of retirement.
  • The National Endowment for Financial Education says that 70% of all people who suddenly receive large amounts of money will lose it within a few years.

FORMER PRO ATHLETES WHO ARE BROKE: EARN OVER $400 MILLION & GO BANKRUPT?

In this blog, I talked about former pro athletes who are broke. Former NBA star and broadcaster Charles Barkley estimates that 60% – 70% of professional athletes go broke for all or any of the following reasons:

  • Buying lavish gifts and giving money to family and friends
  • Unsupportable lifestyles
  • Mansions around the world
  • Yachts
  • Exotic cars
  • Bad business ventures
  • Bad money managers
  • Not understanding financial matters
  • Zero savings
  • No rainy day fund
  • No retirement plan

DEBT FORGIVENESS CRA: CANADA REVENUE AGENCY BEATS DONOVAN BAILEY

In this blog, I wrote about Canadian Olympian. Donovan Bailey and his income tax debt problems with Canada Revenue Agency (CRA). We also described his income tax debt relief settlement plan to cut his income tax debt.. It seems that Mr. Bailey was not able to outrun CRA. Therefore he needed a formal debt settlement plan.

DEBT SETTLEMENT VS CONSUMER PROPOSAL CANADA: ENGLISH REALITY TV STAR KATIE PRICE NEEDS

This blog was about UK celebrity Katie Price who had many financial problems. I spoke about her financial issues and her UK bankruptcy proceedings.

Income tax debt relief: Dionne Warwick

Grammy Award-winning vocalist Dionne Warwick has filed for bankruptcy because she was in need of income tax debt relief. The 72-year-old vocalist, well-known for hits such as “Do You Know the Way to San Jose” and “That’s What Friends Are For” submitted the bankruptcy documents in New Jersey, where she lives.

She listed assets of $25,500 and liabilities of greater than $10.7 million in her bankruptcy filing. Her largest debt is income tax debt of near $7 million owed in back tax obligations to the Internal Revenue Service (IRS) as well as greater than $3 million in tax obligations to the state of California. This includes interest and penalties.

She declared her present income as $20,950 a month, with monthly expenditures just $10 less than that. Dionne Warwick’s press agent, Kevin Sasaki, claimed that the vocalist’s personal bankruptcy was primarily the outcome of “irresponsible and gross financial mismanagement” in the late 1980s to the mid-1990s.

Income tax debt relief: Start 2019 off the right way

No one likes to pay taxes, but everyone hates having CRA tax debt problems. Do you require CRA debt forgiveness? If you’re considering bankruptcy because of income tax debt, or for any reason. We can show you bankruptcy alternatives to get CRA debt forgiveness. We can end your debt pain through a consumer proposal, debt consolidation, and credit counselling. Contact a professional that you can trust – Ira Smith Trustee & Receiver Inc.

The Ira Smith Team has decades and generations of experience dealing with diverse issues and complex files, including negotiating with CRA. We deliver the highest quality of professional service. Don’t settle for less. Give us a call today and Starting Over, Starting Now you can overcome your financial difficulties.

Again I wish all of you a healthy, happy and prosperous New Year.

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FINANCIAL LITERACY BOOKS ARE GREAT BUT MAY NOT BE YOUR BEST RESOURCE

Financial literacy books: Introduction


The power of today’s technology enables one to discover ways to learn without needing to look very hard for it. The Internet has changed the ways we learn and in general, approach life. To gain financial literacy, financial literacy books are now merely one of many ways we can use to improve our financial acumen.

The academic system, for the most part, still uses classical teaching methods. As a standard, literacy is defined as the ability to write and read. Financial literacy is the ability of people to learn and understand basic financial concepts, strategies and information.

Unfortunately, financial literacy is not so common after all. With 21st century education, financial reading and financial writing can be used to make financial liberty. Financial literacy ought to not be a far-flung idea for people, starting at a very young age.

Financial literacy books: Think differently

In his best-selling book “What I Didn’t Learn in School however I Wish I Had“, author Jamie McIntyre talks about the relevance of financial literacy and 21st-century education. From the title of his book, he freely tells us that we are not discovering what could have been general information for success. The standard view forces the most people to be and follow a structure in a system before all the modern tools available to us today.

As a self-made millionaire, Jamie McIntyre advocates that to be a financial success, people need to be doing the opposite of what others have actually been doing for so long. By being financially literate, we can find reasons why people fail and discover ways to avoid these factors.

Financial literacy transcends the standard read-write approach. By having a different method or viewpoint to one’s life, financial literacy can be used to establish various monetary strategies with the hope of accomplishing financial flexibility.

Financial literacy books: There are many methods to increase financial literacy

To become financially literate, there are many ways people historically have learned about finance, with some new ones. I think some people would say that we can take financial courses or try to get the best financial advice from the best financial advisor. Others may suggest to read the best financial advice books of all time or go to the most popular money advice websites.

However, a research paper released in September 2018, may just give us a glimpse into a different way of gaining financial literacy.

Financial literacy books: What is financial literacy?

Financial literacy is the ability of people to get an understanding when it comes to standard monetary strategies and information. With 21st century education, financial reading and monetary writing can be used to obtain monetary flexibility. Financial literacy needs to not be a far-flung idea for individuals of any age.

Financial literacy books: A new research study

A brand-new research study discovered that people with reduced financial knowledge have a tendency to find out more and make far better choices about money if they are helped by peers that have comparable degrees of financial expertise. This is the case more than if they read financial literacy books or got financial advice from people with much more financial experience and knowledge.

The study, Peer Advice on Financial Decisions: A case of the blind leading the blind?, was released in September 2018. The research showed that the majority of university undergrads with little financial acumen learned better after looking for help from a peer that was in a similar way unenlightened and not somebody having a lot more financial savviness.

While this may strike you as being strange, the study described why it makes good sense. Learning was better between people who can understand and had the patience for each other’s learning gaps stated Professor Sandro Ambuehl, a co-author of the research and an assistant prof at the University of Toronto’s Rotman School of Management. His fellow researchers are B. Douglas Bernheim of Stanford University, Fulya Ersoy of Loyola Marymount University and Donna Harris of the University of Oxford.

Financial literacy books: A new way of learning

What this suggests to me is that one of the best ways to teach financial literacy is to start in the elementary schools and continue it throughout high school. Let groups of students interact with their peers to learn together on age proper financial and investment definitions, terms, subjects and strategies. The study suggests that and not leaving it up to people to try to learn it for themselves, promoting learning in peer groups, may be the easiest and most efficient way for learning financial literacy.

Our provincial governments should be taking the lead in encouraging our teachers to start teaching financial literacy to children at a very young age. The study indicates that by having peers work in groups to learn about financial matters, may just be the way for us to have more financially literate adults and a society that has great financial literacy. Peer groups working together to increase their financial knowledge may just be the best resource.

Financial literacy books: Do you have too much debt?

Do you feel that you don’t have sufficient financial literacy? Do you believe that the lack of knowledge has led to you making financial mistakes? Have these mistakes caused you to now have too much debt? Is the pain and stress of too much debt now negatively affecting your health?

If so, contact the Ira Smith Team today. We have decades and generations of helping people and companies in need of financial restructuring and counselling. As a licensed insolvency trustee (formerly known as a bankruptcy trustee), we are the only professionals licensed and supervised by the Federal government to provide debt settlement and financial restructuring services.

We offer a free consultation to help you solve your problems. We understand your pain that debt causes. We can also end it right away from your life. This will allow you to begin a fresh start, Starting Over Starting Now. Call the Ira Smith Team today so that we can begin helping you and get you back into a healthy, stress-free life.financial literacy books

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BANKRUPTCY TRUSTEE NEAR ME IS NOW A LICENSED INSOLVENCY TRUSTEE NEAR ME

Bankruptcy trustee near me: Introduction

This Brandon’s Blog is about picking a licensed insolvency trustee. As the title suggests, performing an online search for bankruptcy trustee “near me”, based solely on geography, is one way. Being around the corner is certainly convenient, but it may have no place in making a life-altering decision. This isn’t a coffee place you are looking for. If you required life-saving surgery, would you base your decision only upon which surgeon operates out of the hospital closest to your home? I don’t think so.

Bankruptcy trustee near me: Don’t fall into the debt consultant/debt settlement company trap

I am talking about people who actually hold a license issued by the Canadian Superintendent of Bankruptcy to administer the insolvency system in Canada. I am not talking about debt consultants or others who claim to be able to help you avoid bankruptcy and end debt.

There is no government licensing or supervision of debt consultants. They merely charge you for a first intake consultation, that a bankruptcy trustee would do for free. Once they have your information, you have paid them for the visit, and perhaps they have signed you up for more expensive “credit score improvement tools”, they hand you over to the licensed insolvency trustee who now will perform the actual work.

Using this type of arrangement costs you more money than you need to spend. The money you can’t afford to pay! The Superintendent of Bankruptcy is putting new controls in place over licensed insolvency trustees to stop bankruptcy trustees from allowing debt consultants to associate shoddy practices and perhaps even profit based on their relationships with licensed insolvency trustees.

Bankruptcy trustee near me: There are different types

I am not referring to good or bad when I say there are different types of bankruptcy trustees. I am talking about the type of practice they run. Generally, there are 4 groups; bankruptcy trustees who run:

  1. Only a personal bankruptcy practice out of one site;
  2. A corporate bankruptcy firm out of one or a few strategically placed locations around the greater metropolitan area of your city;
  3. Both a corporate and personal bankruptcy practice out of one or a limited number of locations; or
  4. The personal bankruptcy practice being operated out of many locations following a coffee or fast food restaurant model of being near every street corner.

So obviously you first need to recognize whether your financial issues are those for your company, you personally or both. As I said at the beginning, geography is nice, but it is not the most important criteria. One simple reason is that multi-location bankruptcy trustees do not make every office of theirs a full-time office. In contrast, you will see that they are operating out of either office for daily rent locations, a lawyer’s or accountant’s office, or the worst, a debt consultant’s office.

You cannot stretch yourself too thin over many offices. So, more often than not, even if your first free consultation is with a member of the Trustee’s staff, you may be meeting with an experienced clerk, but not the actual bankruptcy trustee.

My 5 point checklist to find a licensed insolvency trustee

  1. Quality and professionalism.

    Someone around the corner from you may not have the experience you need to solve your financial problems. To begin in selecting the very best bankruptcy trustee for you, look at the Canadian Association of Insolvency and Restructuring Professionals (CAIRP) website. Membership in this professional organization shows a Trustee committed to the industry and staying on top of all the current advancements. Also check the website of the Office of the Superintendent of Bankruptcy, to make sure the bankruptcy trustees you are thinking about are not under suspension or supervision by the regulator.

  2. You need to be able to interact with them on lots of levels.

    In the beginning, you’ll need them to be able to quickly comprehend your needs and desires and they need to offer you a realistic plan that you can follow through on. They also need to be available for you if you have issues or concerns show up. Search for their interest. Are they enthusiastic about their industry? Do you really feel the compassion they have for you? Can you form a bond with this person? This is exactly how you assess enthusiasm. An enthusiastic licensed insolvency trustee will make certain that you are offered the most effective suggestions and solutions. This type of person may not exist within walking distance of your home or workplace.

  3. Can you agree on the same concepts?

    Professional Trustees are not totally free. The price can differ based on how complicated your circumstance is. If you feel that the bankruptcy trustee is simply attempting to make money, you are less likely to trust them. Spend the time to discover those who seem to be on the same page as you for a realistic value for service. That type of licensed insolvency trustee may not be the closest drive from your home.

  4. Bankruptcy trustee websites.

    Today you can type in search terms like “bankruptcy trustee near me” and get various websites to go to. What sort of feel do you get from the website? Do they answer some of your more general questions through a bankruptcy FAQ page? Can you see pictures of people you would deal with? Do they show that they have a deep knowledge base from their blog page? You may not get the best feeling from the website of the licensed insolvency trustee whose place is closest to your home.

  5. Meet with several Trustees.

    You won’t know which one is the best fit for you until you are sitting across the table from him or her. Speak to at least two bankruptcy trustees to compare. The one you feel best about, may or may not be on the next street corner!

Bankruptcy trustee near me: The choice is up to you

Our best relationships are with our clients who were referred to us by someone they know, like or trust. If the referral source is trusted by you, we have already received the highest compliment possible. I am proud to say that we have helped family members of lawyers and accountants who know us. They felt safest referring a loved one to us. That is the best feeling in the world for everyone!

The Ira Smith Team has decades and generations of experience people and companies in financial trouble. Whether it is a consumer proposal debt settlement plan or a larger personal or corporate restructuring proposal debt settlement plan, we have the experience.

Our approach for each file is to create an end result where Starting Over, Starting Now takes place. This starts the minute you are at our front door. You’re simply one phone call away from taking the necessary steps to get back to leading a healthy, balanced hassle-free life. Call us today for your free consultation.bankruptcy trustee near me

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