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CONSUMER PROPOSAL MEANS FINANCIAL RECOVERY: PAINLESS REBUILDING CREDIT AFTER FILING A CONSUMER PROPOSAL

Consumer Proposal Means Financial Recovery: Introduction

Have you ever felt like you were at rock bottom financially? I never forget that when our clients encountered their financial crisis it felt like climbing Everest without oxygen. They learn how bankruptcy and consumer proposals can severely impact their credit score in those moments. Many individuals have successfully rebuilt credit through patience, education, and support systems. A bankruptcy or consumer proposal means that with a focus on collaboration and a determined mindset, achieving a 100-point increase in your credit score in a year is an attainable goal!

Today, I want to share my insights and experiences on surviving that situation and how you can thrive because the debt relief solution of a consumer proposal means that you need to rebuild your credit after such a challenge. From understanding your current credit situation to establishing solid financial habits, I’ll guide you through every step. Discover how tools like secured credit cards and credit-builder loans can make a difference, and learn the importance of monitoring your progress.,

Consumer Proposal Means Financial Recovery: What is a Consumer Proposal?

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

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

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

Our clients who have successfully navigated the path to credit recovery from being an insolvent person can inspire confidence and determination in others for their insolvent person journey. If they can do it, why can’t you? Remember, taking that first step is what truly matters.

A consumer proposal means you are taking the first step in solving your debt problems. After you have completed making all of the consumer proposal payments, attended the two financial counselling sessions and received your Certificate of Full Performance, comes the next step.

That next step is rebuilding your credit. It’s crucial to be patient, educate yourself on credit management, and seek support when needed. The road to recovery might look daunting, but it’s filled with hope and opportunities for growth.

Many individuals have successfully rebuilt credit through patience, education, and support systems. With a focus on collaboration and a determined mindset, achieving a 100-point increase in your credit score in a year is an attainable goal! Filing a consumer proposal means that you have spoken with one or more licensed insolvency trustees, retained the insolvency trustee of your choosing, and made full disclosure to the insolvency trustee to, do the filing. That is the first step on your path to financial recovery.

In this Brandon’s Blog, I discuss not only what a consumer proposal means and the process, but also provide tried and true tips on rebuilding while you are completing and after you have completed your consumer proposal.

consumer proposal means
consumer proposal means

Key Features of What a Consumer Proposal Means

Eligibility requirements

Every Canadian can qualify for a consumer proposal as long as they are insolvent and their total debt is at least $1,000 and not more than $250,000 (not including any mortgage against their principal residence).

Types of debts included

A consumer proposal means that you can eliminate pretty well most kinds of unsecured debts, including income tax debt, with a few exceptions. The kinds of debt that cannot be eliminated through a consumer proposal are:

Secured debt: Debts owing to your secured creditors that are secured by an asset, such as a mortgage on your house or a vehicle loan.

Child support or alimony: Payments to a spouse or former spouse for child support.

Alimony: Debt owed to a spouse or former spouse for alimony or spousal support.

Student loan debt: Most Federal student loans.

Court-ordered debt:

  • Any fine, penalty, restitution order or other order similar in nature to a fine, penalty or restitution order, imposed by a court in respect of an offence, or any debt arising out of a recognizance or bail or a court-ordered payment plan
  • .Any award of damages by a court in civil proceedings in respect of:
    • (i) bodily harm intentionally inflicted, or sexual assault, or
    • (ii) wrongful death resulting therefrom
  • Debt or liability arising out of fraud, embezzlement, misappropriation or defalcation while acting in a fiduciary capacity.
  • A debt or liability resulting from obtaining property or services by false pretences or fraudulent misrepresentation, other than a debt or liability that arises from an equity claim.

Duration of repayment period

The duration of the repayment period for a consumer proposal means the length of time you have to make your monthly payments to your creditors under the terms of the proposal. This period of time cannot exceed 5 years (60 months).

A Consumer Proposal Process Means There Are Both Advantages (Pros) and Disadvantages (Cons)

The first step in considering what a consumer proposal means for you and if it is the right choice for your situation is to have a consultation with a licensed insolvency trustee. The licensed insolvency trustee will explain the entire process to you about filing the proposal, the proposal terms you will need to include, the role of the unsecured creditors voting and the approval and implementation process.

In this blog post, I won’t go through the nitty-gritty of the steps in the legal process of a consumer proposal. If you would like to read up on that, see my April 15, 2024 blog post “BANKRUPTCY OR CONSUMER PROPOSAL?: A LAWYER AND ACCOUNTANT’S COMPREHENSIVE GUIDE TO MASTERING INSOLVENCY LAW“.

Advantages (Pros) of a Consumer Proposal

There are three main advantages to a consumer proposal. They are:

  • Asset protection: In a consumer proposal,, unlike in a bankruptcy, you get to keep your assets. In this way, your assets are protected against loss.
  • Lower monthly payments: In a consumer proposal, as you are only repaying a portion of your total debt, you will enjoy lower monthly payments. Once you fully complete your consumer proposal, all of your unsecured debts are eliminated (other than for the exceptions listed above).
  • Legal protection from creditor harassment: Filing a consumer proposal means that you are given protection against your creditors from beginning or continuing any legal action against you. This includes protection against any creditors who may already have a judgment against you from continuing their collection action. This also means no more of those harassing collection calls.

Disadvantages (Cons) of a Consumer Proposal

There are also three main disadvantages to this debt relief solution. They are:

  • Impact on your credit rating.
  • Limitations on certain debts (already discussed above).
  • Long-term financial implications

It is the impact on credit score and the long-term financial implications that I discuss in the balance of this Brandon’s Blog. However, I also provide you with financial and debt solutions to come back from the initial disadvantages stronger and better than before.

consumer proposal means
consumer proposal means

Consumer Proposal Means Understanding the Impact of Bankruptcy and Consumer Proposals on Your Credit

When you find yourself in financial distress, the thought of filing for bankruptcy or a consumer proposal can feel overwhelming. But how does this decision affect your credit? In this section, I’ll break down the initial effects on your credit score after filing and explain how your situation before filing plays a role. We’ll also debunk some common myths surrounding bankruptcy.

Initial Effects on Your Credit Score After Filing

Filing a consumer proposal means you can expect your credit score to drop. But how much? The answer depends on various factors. Let’s look at some of the initial impacts:

  • Difficulty obtaining credit: After filing, lenders will see a significant risk in lending to you. You will probably be denied credit until you have completed the consumer proposal.
  • Impact on your score: Credit scores typically range from 300 to 900. Filing can drop your score significantly, especially if you had a good score previously.
  • Public record effects: A consumer proposal remains on your credit report and affects your credit rating for up to five years after completion. This can influence future borrowing and lender decisions.

To put it into perspective, credit score ranges are:

  • 300 – 499 Poor
  • 500 – 699 Fair to Good
  • 700 – 749 Good
  • 750 – 900 Excellent

How Your Situation Before Filing Plays a Role

Your credit score before filing for bankruptcy heavily influences the aftermath. If you had a high score of 700 or above, filing may significantly reduce it, but you still might remain in the fair to good range afterward. However, if your score was already poor, to begin with, filing might not change your situation much.

It’s important to reflect. Were you already struggling with debts? Did you miss payments often? These factors can worsen the impact of filing. Understanding this helps in preparing your financial future. I’ve often found people think all hope is lost with a bankruptcy label. But it’s not true!

Consider this: Filing can be a fresh start. If managed wisely, you can rebuild your score. But knowing where you stand is crucial – I suggest you check your score regularly. Tools found on sites like Credit Karma or Borrowell allow you to monitor your credit score as a soft inquiry so it does not affect your credit rating. They tap into a credit bureau like Equifax or TransUnion to make this easy for you. From your phone, you can monitor your credit score and credit reports.

Debunking Common Myths Surrounding What a Consumer Proposal Means

Stigma and Myths

The stigma around a consumer proposal or bankruptcy can lead to prevalent myths. Let’s clear some of them up:

  • Myth: Bankruptcy or a consumer proposal means you’ll never get credit again. Reality: Mos people rebuild their credit scores after they are discharged.
  • Myth: Bankruptcy or a consumer proposal means that all your debts vanish. Reality: Not all debts. See my list above.
  • Myth: Bankruptcy or a consumer proposal means it is a sign of failure. Reality: Many successful people have filed. Often, it’s a strategic move.

“Bankruptcy is not the end; it’s a new beginning.”

Recognizing these facts can help you face the decision with a clearer mind. An insolvency process can feel like a heavy weight, but understanding how to navigate the aftermath is empowering.

The Importance of Understanding The Timeline

Understanding how long it takes for your credit to recover can help you set realistic expectations. Generally, it takes several years to improve your score substantially. During this time, maintaining healthy financial habits is vital.

Explore options such as secured credit cards, consistent bill payments, and monitoring your credit report. This proactive approach can yield significant benefits over time.

In conclusion – well, not really a conclusion since we’re just getting started – successfully recovering from a bankruptcy or consumer proposal means that you entered the process fully understanding all of its implications which a licensed insolvency trustee can advise you on. The journey to financial recovery starts with understanding your credit and taking actionable steps.

consumer proposal means
consumer proposal means

Consumer Proposal Means You Need To Take Practical Steps to Rebuild Your Credit Post-Bankruptcy or Consumer Proposal

Rebuilding credit might sound daunting, especially after going through personal bankruptcy or a consumer proposal. I get it. It feels overwhelming, yet it’s crucial for your financial future. The good news? You can take actionable steps to mend your creditworthiness. Let’s dive into some practical strategies that can help.

1. Sign Up for Credit Monitoring Services

First things first. One of the best actions you can take is to sign up for credit monitoring services like Credit Karma or Borrowell. Why? It’s simple. Regularly monitoring your credit helps you understand how your actions affect your score.

These services often provide a free credit report and insights into your credit history. You can track changes and ensure no fraudulent activity affects your credit. Plus, you’ll receive tips on improving your score. It’s like having a personal trainer for your credit!

2. Open a Secured Credit Card

Next, consider opening a secured credit card. This type of card requires a cash deposit, which acts as your credit limit. Essentially, you’re borrowing against your own money. It might feel strange, but it’s a powerful tool for rebuilding credit.

Manage it wisely! Use the card for small purchases and pay off the balance each month. This shows lenders that you can handle credit responsibly. Remember, 35% of your credit score is affected by payment history, so regular, on-time payments are crucial.

3. Establish Automatic Payments

We all have a lot going on in our lives. To avoid missing payments, set up automatic payments for bills and loans. This ensures you make your payments on time and helps maintain a positive payment history.

Plus, consider establishing a monthly budget. It’s not just about paying bills. A budget allows you to see where your money is going. When you stick to a budget, you create financial stability, making it easier to manage debts and expenses over time.

Why Monitor Your Credit Regularly?

Regularly monitoring your credit is not just about keeping an eye on your score. It’s about fostering financial habits that contribute to long-term stability. Think of your credit score as a reflection of your financial health. Just like a doctor checks your vitals, keeping tabs on your credit ensures you’re not heading into dangerous territory.

Here’s a sobering thought: Did you know that 30% of your credit score is affected by credit utilization? This refers to how much of your available credit you’re using. Keeping your utilization below 30% can significantly improve your score.

“Creditworthiness is about more than just the score; it’s about stability and responsibility.”

This statement encapsulates the essence of what rebuilding credit truly means. It’s not merely about achieving a high score; it’s about developing the habits that lead to financial stability. By signing up for credit monitoring services, using a secured credit card, and keeping your bills on autopilot, you’re paving the way to a financially stable future.

Remember, rebuilding your credit is a journey, not a sprint. Take each step seriously, and watch your financial situation transform over time.

A Consumer Proposal Means There Are Common Pitfalls in the Credit Rebuilding Process

The journey to rebuilding credit often feels daunting. I can tell you that recognizing common pitfalls is crucial for success. Whether you have just filed for bankruptcy or a consumer proposal, avoiding these mistakes can save you time, money, and frustration.

Ignoring Your Credit Report Post-Filing

It’s easy to think that filing for bankruptcy or a consumer proposal means that your problems are over. You might believe your credit will automatically improve. But, let me tell you: this is far from the truth.

  • Many consumers take a hands-off approach after their insolvency proceedings.
  • They assume, mistakenly, that their credit will fix itself over time.

However, doing nothing is risky. Doing nothing is as harmful as bad credit itself.

Until you check, you won’t know if there are errors on your report. Ignoring this aspect can lead to missed opportunities and continued low scores. Regular monitoring is essential. Besides, knowing what errors to look for can save you time and money in the long run.

Applying for Too Much Credit at Once

After bankruptcy or a consumer proposal, the temptation to apply for multiple lines of credit can be overwhelming. I get it. You want to rebuild fast! But lack of patience can lead to major setbacks.

  1. When you apply for several credit accounts at once, it signals to lenders that you are desperate for credit.
  2. This can negatively impact your credit score.

Think of it like trying to fill a glass with water. If you pour too quickly, it spills—making a mess instead of filling it up. Similarly, too many credit applications can create chaos in your credit report.

Not Keeping Track of Payments and Due Dates

Life gets busy; I understand that. Yet, not tracking payments can be disastrous for your credit score. If you’re missing due dates, interest rates can skyrocket, and penalties can add up quickly.

  • Using apps or calendars to set reminders can help.
  • Consistent, on-time payments are one of the biggest factors in rebuilding good credit.

Imagine trying to repair a car without regularly checking the engine. Without a consistent monitoring system in place for your bills, you might find yourself in the same situation – stalled when you could be moving forward.

Why Monitoring Your Credit Matters

The statistics on credit monitoring are alarming. Most consumers neglect regular checks of their credit reports. This neglect often leads to longer resolution processes for issues that could have been addressed sooner.

Keeping tabs on your credit can lead to faster resolutions of any issues that arise. It’s a proactive approach that can prevent minor problems from snowballing into major setbacks.

consumer proposal means
consumer proposal means

After A Consumer Proposal Means You Need Long-Term Strategies for Sustaining Good Credit

Managing your credit is not a sprint; it’s more like a marathon. Just like any long-distance race, you need a solid strategy to reach the finish line successfully. In this section, I’ll share essential tactics to help sustain and improve your credit over the long haul. Here’s what I believe are the core pillars for sound credit management.

Avoid Unnecessary Debt

Debt can be a double-edged sword. While some debt can help you build credit, unnecessary debt can easily trap you in a cycle of payments and stress. But how do you distinguish between necessary and unnecessary debt? Well, think about your needs versus wants.

  • Necessity: This includes mortgage payments, student loans, or essential living expenses.
  • Unnecessary: High-interest credit card balances for luxury items or impulsive spending.

Learning to distinguish these types of debt is critical. Have you ever found yourself reaching for your credit card for that new gadget? Sure, it’s tempting, but ask yourself: is it worth it? Maintaining good credit hinges upon making wise choices about how to use available credit.

Build an Emergency Savings Fund

Imagine you’re in a tight spot. An unplanned expense pops up—a car repair, for instance. Without savings, you might resort to using credit cards. This can be disastrous for your credit score. That’s why building an emergency fund is essential!

Here’s why:

  1. Buffer Against Debt: An emergency fund helps you avoid high-interest loans or credit card debts.
  2. Financial Stability: With a savings cushion, you can face unexpected costs without worrying about your credit utilization.
  3. Peace of Mind: Knowing you have money set aside creates confidence in your financial decisions.

How much should you save? Aim for at least three to six months’ worth of expenses. It may sound daunting, but every small step counts. Deposit a little each month, and you’ll find it adds up faster than you think.

Seek Professional Advice for Complex Situations

Sometimes we all need a little help. If you’re facing a complex financial situation, consider talking to a professional. They can guide you through financial planning and help you navigate tricky credit management issues.

  • Licensed Not-For-Profit Credit Counsellors: These professionals can provide personalized advice and create plans tailored for you.
  • Financial Planners: They’re skilled in long-term financial strategies to help you achieve your goals while maintaining good credit.

No shame in asking for help, right? Knowing when to seek professional input can save you time, money, and stress in the long run.

Accountability is Key

Long-term strategic planning is vital. It’s easy to lose sight of your financial goals without accountability. Consider creating a credit management plan. Write it down, and review it regularly. How is your score trending? Are you sticking to your budget? This ongoing check can keep you responsible.

Statistically, consumers who actively participate in managing their credit improve their scores significantly within just a few years after the insolvency process. This fact challenges the notion that bad credit is a life sentence. Stability in income and judicious credit usage are hallmarks of strong credit health.

Isn’t that a powerful reminder? Consistent, wise use of credit while maintaining a stable income is the true recipe for good credit health.

The Journey Doesn’t End

Once you’ve implemented these strategies, remember that the journey doesn’t end here. Continuously working on your financial habits is essential for lasting credit improvement. Adopt a mindset of growth, and be proactive. Before you know it, you’ll be on a solid path toward thriving credit health!

A Successful Consumer Proposal Means Inspirational Success Stories: Rebuilding Against the Odds

When it comes to rebuilding credit, many people feel overwhelmed and hopeless. However, there are countless stories of individuals who have risen from the ashes, proving that anyone can improve their financial situation with determination and the right support.

Lessons We Can Learn From Others

What can we learn from people we have helped through a consumer proposal who have successfully rebuilt their credit? Here are a few key takeaways:

  1. Patience is Key: Rebuilding credit takes time. Quick fixes are often temporary. Keeping a long-term perspective helps you stay motivated.
  2. Education Equals Empowerment: Understanding credit reports, scores, and the factors affecting them is essential. Many successful rebuilders became self-taught credit experts.
  3. Don’t Be Afraid to Ask for Help: Reaching out for support can be life-changing. Whether it’s financial advisors, credit counselling, or support groups, don’t hesitate to connect with experts.

The Importance of Support Systems

Having a support system during recovery is vital. Friends, family, and professionals provide encouragement and guidance. They help you remain accountable and often offer innovative strategies you might not think of on your own.

Imagine if you don’t seek financial advice when you are facing financial challenges. You would still feel trapped in your financial mess. Instead, proactive steps link you with a knowledgeable licensed insolvency trustee, allowing you to deal with your situation effectively. I believe that with the right help, anyone can bounce back from financial hardship.

We can all relate to needing support at some point in our lives. Having someone to lean on can make all the difference when you feel like giving up.

Staggering Data on Credit Recovery

Are you worried about whether rebuilding your credit is even possible? According to statistics, many successful rebuilders see a 100-point increase in their score within the first year. Isn’t that encouraging?

Consumer Proposal Means Financial Recovery: Conclusion

Hearing stories from individuals who have successfully conquered their outstanding debts and navigated the path to credit recovery can inspire confidence and determination in your journey. I have many that I can share with you. If they can do it, why can’t you? Remember, taking that first step is what truly matters.

I hope you enjoyed this collection agency lawsuit Brandon’s Blog. Do you or your company have too much debt? Are you or your company in need of financial restructuring due to distressed real estate or other reasons? 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 someone with 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 the bankruptcy process. We can get you debt relief freedom using processes that are an alternative to bankruptcy.

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.

consumer proposal means
consumer proposal means
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407 ETR RATES: THE ONLY GUARANTEED TO WORK 407 ETR DEBT SETTLEMENT PLAN

407 etr rates

We are trying something new. At the bottom is an audiogram of this 407 etr rates Brandon’s blog. If you would prefer to listen to it, and not read it, scroll down to the bottom and press on the play button. Let us know what you think by sending us a message in the Question box below.

407 etr rates: Introduction

The purpose of this 407 etr rates is not to tell you what the new toll rates are. The simple answer is that they are always going up! Rather, it is an update to our earlier blogs for people who are having trouble paying their 407 toll payment.

As you probably know, the 407 etr has an arrangement with the Province of Ontario where if you have unpaid 407 etr charges, you will be put on plate denial the next time you have to renew your vehicle plate. For many, being denied a plate renewal means the end of your ability to earn an income.

Before the update, a bit of history to put everything into perspective for you.

407 etr rates: Our prior blogs

We previously wrote about how the 407 etr was trying to use the provincial law as a collection tool, even when a person filed for a debt settlement restructuring consumer proposal or for personal bankruptcy. Our prior blogs were:

I won’t repeat the history here as you can check those blogs yourself. Suffice to say they argued in Court, unsuccessfully, that the Province had the right to enforce its own plate issuance rules.

The lower Court and the Court of Appeal for Ontario disagreed with their right to enforce the plate issuance rules when it was a blatant action to collect an ordinary unsecured debt caught in the priority scheme of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA). The Courts also found that they were trying to trump Federal law through Provincial law, which is illegal. Finally, the Supreme Court of Canada refused to hear their appeal, so that is where it ended, sort of.

407 etr rates: So that is where it ended, sort of

With those rulings, the 407 etr stated that they would comply and drafted a policy which was an extremely literal wording of the BIA. It technically complied with the Court rulings, but still had the effect of being very draconian and not changing their administrative policy.

The debts of an insolvent person, who has made a debt restructuring consumer proposal or bankruptcy filing, are not discharged until the insolvency process is complete. For a debt settlement plan, it is when the person finishes making their payments and receives their Certificate of Full Performance. In a bankruptcy, it is when they receive their absolute discharge.

How those processes work deserves their own blogs. Suffice to say the processes can take anywhere from a minimum of 9 months (first-time bankruptcy, no surplus income, no assets and no discharge opposition) up to 5 years (debt settlement plan). So the plate denial actually stayed in force for a long time.

The 407 etr also set up a very document intensive 407 etr login process that made applying for the eventual rescission of the plate denial very cumbersome.

407 etr rates: The class action lawsuit

The firm that independently runs Highway 407 ETR in the Greater Toronto Area agreed to pay $8 million to clear up this claim. The settlement, approved in November 2016, finishes the litigation that began in 2012.

The lawsuit affirmed that the toll freeway consortium unlawfully used provincial regulations to stop motorists that were insolvent or bankrupt from restoring their automobile permit plates. 407 ETR refutes it did anything incorrect and does not confess obligation in approving the out of court negotiation.

407 etr rates: Now for the update – The only 407 etr debt settlement plan guaranteed to actually work

The licensed insolvency administrator (LIT) acting as either the bankruptcy Trustee or consumer proposal Administrator, acting as either the bankruptcy Trustee or consumer proposal Administrator, will issue the Notice of Bankruptcy or Consumer Proposal. 407 ETR must be listed on your sworn Statement of Affairs as a creditor. It will then be sent a copy of the notice by the LIT.

Upon receipt, 407 ETR will end from plate rejection any amounts still owing from before the date of filing either for bankruptcy or a consumer proposal. This includes toll charges, interest, penalties and costs. They will then advise the Ministry of Transportation to upgrade their documents to show this change ending plate denial. This is a major change. You do not have to have completed your full insolvency process to get the lifting of the plate denial. This is the way fairness dictates it always should have been from the start.

There is a simple rule that you have to follow. It is the same rule that you need to follow in dealing with any leases or secured debt that you wish to continue to carry and that you can afford to. That is, you must not have any amounts owing to 407 etr for charges after your filing date which would qualify for plate denial.

407 etr rates: Are you worried about or need relief from plate denial

  1. Are you under plate denial, or afraid you will be soon?
  2. Will plate denial negatively affect your income and you need debt relief fast?
  3. Do you have other debts that need to be addressed too?
  4. Do you need budgeting help?
  5. Are you already experiencing financial difficulties?

If you answered yes to just one of these questions, you need a professional trustee. If yes, call the Ira Smith Team. 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.

We always offer a free consultation. We listen to your issues and give you a full range of realistic options to help you get out of debt. Finding the best solution for YOU is just the right thing to do to help you meet total debt freedom.

The earlier you contact us, the more options we will have to carry out. Whether it is a corporate restructuring or personal debt settlement through a consumer proposal, the goal is to avoid bankruptcy. However, if bankruptcy turns out to be the best option, we can assist there too.

You’re simply one phone call away from taking the necessary steps to get back to leading a healthy, balanced hassle-free life, ending the pain and stress you are feeling forever. Call Ira Smith Trustee & Receiver Inc. today for your free consultation.

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CANADIAN INTEREST RATE HIKE POSSIBLY SCARIER THAN HALLOWEEN

canadian interest rate hikeCanadian interest rate hike: Introduction

Does Bank of Canada chief Stephen Poloz anticipate good times generally in the Canadian economic climate to continue or is the marketplace an indicator of a problem in advance? The most recent Bank of Canada interest rate announcement was a Canadian interest rate hike boosting its benchmark rate by 25 basis points to 1.75%.

This is the 5th rise given since July 2017. All indicators show the Bank of Canada rate will boost right into 2019.

Canadian interest rate hike: The tale of two economies

There are presently 2 stories about the Canadian economy. The initial one is that the economic climate is doing well. Sufficiently so that we require to be increasing rates of interest. Mr. Poloz thinks there is a requirement to be tightening up that a bit.

At the exact same time, the second one, the other story, points to an economy that isn’t so great. The marketplace has recently made the case for pessimism. That story is that:

  • we’re at the actual end of a long great financial run;
  • a trade battle with China is the precursor of tough times ahead, and
  • investors are frightened that this can be the time that things start to turn down.

Canadian interest rate hike: What does it mean for you?

There’s a great deal of discussion regarding what that indicates specifically for Canadians. It isn’t that the cautions have not been there for a while. The Bank of Canada records that the typical Canadian household debt is around 170 percent of disposable earnings. The ordinary Canadian owes $1.70 for every single dollar of revenue earned each year, after tax.

Twenty years ago, the ratio was at 100%. So as you can see, there has been a steady climb since the 1990’s in Canadians appetite for more debt.

We have among the highest debt proportion of any of the Organisation for Economic Co-operation and Development participant nations. The concern is have we started to learn the message?

Initially, former Bank of Canada Governor Mark Carney and the former Federal Finance Minister, the late Jim Flaherty desired the Canadian consumer to place the economy on their back and march it up this lengthy high hillside. We did and it worked. Nonetheless, this is the result of it.

Currently, we start to see some indicators that the Canadian consumer is thinking of their budgeting. Stats Canada is reporting that retail sales have actually started to see a slowing down. Individuals are thinking of just how their variable priced loans are costing them more.

The sensible people will certainly begin restricting their purchases to just their needs and not give in to their wants. All this to attempt to maintain their debt in check. Rates of interest are rising so debt costs are going up and will set you back even more. Individuals will certainly concentrate on the requirement to bring costs as well as debt under control. This will lead to a cooling off in the Canadian economy.

Canadian interest rate hike: The US situation

I anticipate the very same practices will certainly happen in the United States. President Trump is already disturbed that the United States central banker Jay Powell is currently raising interest rates. However, Trump is disturbed that elevating rates will certainly tinker negatively with the US dollar. It could also slow down the US economy. If that happens, Donald Trump’s fears his worst nightmare. He won’t be able to truthfully boast how well the US economy is doing under his administration. There have been times already where he’s been plainly irritated the economy is refraining from doing what he wants of it. Mind you, to date, he has not let the truth get in the way of a good boast!

So climbing rates of interest will certainly have a result on the North American economic situation and the marketplaces. Whether interest rate hikes will be scarier than Halloween, only time will tell.

Canadian interest rate hike: Are you uneasy about your household debt?

Do you feel rising debt costs will put you and your family in peril? Do you need budgeting help? Are you already experiencing financial difficulties? If you answered yes to just one of these questions, you need a professional trustee. If yes, call the Ira Smith Team. 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.

We always offer a free consultation. We listen to your issues and provide you with a full range of realistic options to help you get out of debt. There have been numerous times where thinking about all the Canadian debt solutions available, we have advised debtors that they do not need an insolvency process. Rather, maybe they can avoid it by implementing an informal process. If that is your case that if fine with us; finding the best solution for YOU is just the right thing to do to help you achieve total debt freedom.

The earlier you contact us, the more options we will have to implement. Whether it is a corporate restructuring or personal debt settlement through a consumer proposal, the goal is to avoid bankruptcy. However, if bankruptcy turns out to be the best option, we can assist there too.

You’re simply one phone call away from taking the necessary steps to get back to leading a healthy, balanced hassle-free life, ending the pain and stress you are feeling forever. Call Ira Smith Trustee & Receiver Inc. today for your free consultation.ira smith trustee

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CANADIAN DEBT SOLUTIONS: AVOIDING THE BANKRUPTCY PROCESS

Canadian debt solutions: Introduction

This blog discusses a very interesting recent decision in the British Columbia bankruptcy case of Hervias (Re), 2018 BCSC 1579 (CanLII). A licensed insolvency trustee (LIT or Trustee) (formerly known as a bankruptcy trustee) is trained to develop Canadian debt solutions. Sometimes the best debt solution does not involve a formal insolvency process; either a consumer proposal or personal bankruptcy. The purpose of this blog is to describe the case of Mr. Hervias and why sometimes the best advice is that you don’t need to go bankrupt. This is a story of Canadian debt help – the good, bad & ugly.

Canadian debt solutions: The position of the stakeholders

Mr. Hervias made a Court application to annul his bankruptcy. He says that the bankruptcy assignment ought not to have been submitted because his only creditor of any significance was the Canada Revenue Agency (CRA). The evidence showed that CRA would have accepted a voluntary proposal to settle his tax liability in regular monthly payments affordable to him. He claims that the Trustee never asked such questions of CRA prior to recommending that he file for bankruptcy.

CRA does not challenge an annulment. It is encouraging his proposal to repay the debt. They likewise intend to file a memorial on the title to his home in which he has equity higher than the debt owed to CRA!

The Trustee is the only party to oppose the annulment application. The LIT insists that when Mr. Hervias sought his help, Mr. Hervias was insolvent because CRA was garnishing his pension and had frozen his bank account. Mr. Hervias had a previous bankruptcy and a couple of other minor creditors. Mr. Hervias had significant equity in buildings he owned with his son and his wife.

Canadian debt solutions: How could this even happen?

Mr. Hervias owed CRA, his major creditor, unpaid income tax of $23,820.50, including penalty and interest. In April 2017, CRA froze his only bank account. He sought help from a debt consultant, Canada Debt Helpline. He required CRA debt forgiveness. On the second meeting with an agent of Canada Debt Helpline, they introduced him to a LIT.

The Trustee met Mr. Hervias at the offices of Canada Debt Helpline. The LIT argues that Mr. Hervias sought bankruptcy guidance when he initially met with him. The Court determined that Mr. Hervias was presented to the Trustee by the debt counselor. The evidence showed that Mr. Hervias looked for the help of a debt consultant; not for a bankruptcy trustee!

The Court found that at the date of bankruptcy, Mr. Hervias had net equity in real estate of $95,000 – far more than the total of his debts! I question whether Mr. Hervias was even insolvent at the date of bankruptcy.

His bankruptcy happened because a debt consultant, who had a cozy relationship with a LIT, recommended a bankruptcy trustee with whom no doubt a financial relationship existed.

Canadian debt solutions: Debt consultants cause harm

I have written before on the evils of the debt consulting/debt settlement industry:

  1. DEBT SETTLEMENT COMPANIES FINALLY TAKEN TO TASK IN ONTARIO – December 17, 2013
  2. HOW ADVANTAGES OF CONSUMER PROPOSALS SAVES YOU FROM DEBT SETTLEMENT COMPANIES – June 30, 2015
  3. CONSUMER PROPOSAL VS DEBT SETTLEMENT – October 1, 2015
  4. DEBT SETTLEMENT OR CONSUMER PROPOSAL CANADA: NEW CANADIAN GOVERNMENT REPORT EXPOSES DEBT SETTLEMENT COMPANIES HARMING CONSUMERS – May 3, 2017
  5. DIFFERENCE BETWEEN DEBT SETTLEMENT AND CONSUMER PROPOSAL: DEBT SETTLEMENT COMPANIES ARE PROS WHEN IT COMES TO CONS ON INSOLVENT CONSUMERS – May 10, 2017

Canadian debt solutions: Technically or temporarily insolvent?

At the time of the bankruptcy, Mr. Hervias declared some other little financial obligations including:

  • a possible debt of roughly $900 to a Recreational Vehicle park chain;
  • $213 owed to Telus Mobility from an old phone agreement; and
  • a $186 debt to Best Buy for a laptop computer that he had not repaid in full.

Mr. Hervias had assets that well surpassed his obligations. Notwithstanding, he met the technical interpretation of a bankrupt person under s. 2 of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA). Since the CRA had frozen his only bank account, he had no access to his income to fulfill his commitments as they came to be due.

Because he had a poor credit score, he was not able to arrange to finance on the real property he owned jointly. His wife was also not ready to consent to the financing because she was back in her homeland of the Philippines looking after her elderly mother. She asked her husband to wait until she returned to Canada.

Canadian debt solutions: Was there a realistic option for an insolvency process?

Definitely. The evidence showed that CRA would have agreed to an informal proposal, allowing Mr. Hervias time to repay his debt to CRA. As stated above, his other debts were minor. His bankruptcy was unnecessary.

This is a prime example of the dangers of debt consultants and the Trustees who are in bed with them. For the record, my Firm does not have a relationship with any debt consulting or debt settlement firm.

Canadian debt solutions: The Court’s concerns

The main concerns for the Court were:

  • did the Court have jurisdiction to annul a bankruptcy in circumstances where the bankrupt was insolvent when the bankruptcy occurred and there is no finding that the bankrupt abused the Court’s process or committed fraud on his creditors in filing an assignment in bankruptcy;
  • if the court has jurisdiction, whether it should exercise its discretion to annul the bankruptcy in this case; and
  • in granting the application to annul, whether it should be subject to payment of the trustee’s fees.

The Court determined that it was absurd that someone with considerable assets which created income would assign himself into bankruptcy. This is especially so when the main creditor is prepared to accept payment over a longer time span in amounts that the debtor can afford. The Court concluded that these circumstances were both special as well as uncommon.

Canadian debt solutions: The Court’s decision

However, just because bankruptcy ought not to have taken place, an annulment does not instantly follow. The law is clear that the bankrupt must additionally satisfy the Court that in all the conditions of the case, thinking about all the different stakeholder interests, the discretion needs to be worked out in favour of annulment. Furthermore, the jurisprudence guides the Court to think about the legal rights of the insolvent, the creditors and the public policy issues.

The Court was critical of the LIT. The Court found that prior to the assignment in bankruptcy, the Trustee should have consulted with CRA. Certainly, had he done so, he would have found out that an informal proposal was possible and there would have been no need for any insolvency process, especially a bankruptcy.

In the Court’s view, Mr. Hervias and his creditors are not harmed by an annulment, while the public interest in the integrity of the bankruptcy process is not undermined by annulling this bankruptcy under these unique conditions. Mr. Hervias’ bankruptcy was annulled according to s. 181 of the BIA. Mr. Hervias was ordered to pay the Trustee’s fee and disbursements immediately, subject to taxation.

Canadian debt solutions: Our approach

If you or your company are experiencing financial difficulties, you need a professional trustee. If yes, call the Ira Smith Team. 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.

First of all, we always offer a free consultation. We listen to your issues and offer you a full range of realistic options to help you get out of debt. There have been many times where thinking about all the solutions available, we have advised debtors that they do not need an insolvency process. Rather, maybe they can avoid it by implementing an informal process. As a result, we do not earn any fees from such advice; it is just the right thing to advise and do in those circumstances to help you make total debt freedom.

The earlier you contact us, the more options we will have to carry out. Whether it is a corporate restructuring or personal debt settlement through a consumer proposal, the goal is to avoid bankruptcy. However, if bankruptcy turns out to be the best option, we can assist there too.

You’re simply one phone call away from taking the necessary steps to get back to leading a healthy, balanced hassle-free life, ending the pain and stress you are feeling forever. Call Ira Smith Trustee & Receiver Inc. today for your free consultation.

canadian debt solutions

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Brandon Blog Post

DEBT SOLUTIONS: ARE YOU IN FINANCIAL PROBLEMS DUE TO YOUR SPENDING?

debt solutionsDebt solutions: Introduction

Many Canadians are in a hole financially because of their spending habits and don’t realize it. When it hits them in the face, they need the best debt solutions. Many people can’t even afford to seek the help they need. But there is good news. The best fixes are the ones you can do yourself. The purpose of my blog is to describe to you steps you can take by yourself to solve your financial problems, as long as you catch it early enough. My blog will also help you turn any wasteful spending habits into wise spending habits.

Debt solutions: Disposable income

There’s a tendency to look at income as disposable – what we earn, we spend. If that’s your attitude, then you already have the shovel in your hands and you’ve started digging. Before you get in so deep that you can’t get out of the hole, let’s look at what you’re doing wrong and what you can do to get back on track financially.

Debt solutions: My 5 step self-help free plan

  1. Stop spending everything you earn. Living paycheque to paycheque is no way to live. Your income should cover all of your expenses, fund an emergency account and allow you to save for retirement. Look at your budget and see what expenses you can end or reduce. Don’t have a budget?
  2. Make a budget and stick to it. Do you know where your money’s going? Or do you think you have a hole in your wallet? A budget is the most effective money management tool. List all the things that you spend money on each month; and that includes designer coffees. In order to pay down debt and/or save money you’ll have to do some penny-pinching. Eliminate wasteful spending. Spend mindfully instead. Think twice before making a purchase you don’t really need. Make sure you’re getting the best prices on your cellphone plan, car insurance, house insurance, cable and internet. Use coupons at the grocery store. Make a budget and stick to it to meet your financial goals.
  3. Get rid of credit card debt as quickly as possible. High interest debt is the worst kind of debt. Pay off your credit card balances as quickly as possible. Use cash instead. Plastic is too easy.
  4. Check your credit score annually. Do you know what your credit score is? You should. Your credit score will decide whether you can buy a house, buy/lease a car and it can even affect your ability to get a job. Check it annually and go over it thoroughly. It may contain errors that can adversely affect your ability to borrow money.
  5. Save for retirement. Retirement will come quicker than you think. Have you started saving? Government sponsored pension plans will not keep you in the lifestyle you imagined for your retirement. It’s never too early or too late to start saving for retirement.

Debt solutions: The most serious financial problems need professional help

If you try my free 5 step debt solutions plan but find you are in too deep and can’t dig out fast enough, then you do need professional help. Many people facing serious financial issues don’t know where to go for professional help or are too embarrassed. There’s no shame in seeking professional, financial help. A trustee in bankruptcy (now called a licensed insolvency trustee) will evaluate your situation and help you to arrive at the best possible solution for your problems.

Ira Smith Trustee & Receiver Inc. is here to help. We’re federally regulated and subject to a strict code of ethics. We offer a depth of expertise and provide a high quality and cost-effective service. I understand your pain and we can end it. You will find that we use a friendly, non-judgmental method.

Give us a call today and let us help you solve your financial problems Starting Over, Starting Now.

Call a Trustee Now!