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CERB CLARITY: A COMPREHENSIVE GUIDE TO ELIGIBILITY AND REPAYMENT

A person wearing a traditional Canadian red and white plaid shirt, surrounded by stacks of paper and envelopes from the Canada Revenue Agency. They look terrified and overwhelmed as they try to figure out how to repay the money they owe. The scene is set against a gray, ominous background with looming shadows representing the fear and stress the person is feeling. The person's facial expression and body language should convey a sense of desperation and hopelessness.

Overview of the Canada Emergency Response Benefit

In the unprecedented times of the pandemic, one of Canada’s COVID-19 Economic Response Plan by PM Justin Trudeau and the Federal Government was the rolling out of the Canada Emergency Response Benefit (CERB) to provide financial aid to those affected by the COVID-19 pandemic. However, the eligibility requirements and repayment process have left many Canadians confused and frustrated.

In this Brandon’s Blog, we will dive deep into the intricacies of CERB eligibility and repayment, providing you with a comprehensive guide to navigate through the confusion. Let’s unravel the mysteries surrounding this together!

Explanation of what CERB was

The CERB has been a source of confusion for many Canadians, particularly when it comes to eligibility and repayment. Despite efforts to clarify the rules, there is still a lack of understanding among the public.

The first step towards clarity is understanding whether you were eligible for this benefit program. The program was designed to support individuals who lost their jobs or experienced a significant reduction in income due to the pandemic. However, the program was rolled out so fast that even those charged with administering the program did not fully understand the eligibility requirements.

With so many government civil servants not understanding the program, no wonder that ordinary Canadians were and are still uncertain about their eligibility status. In this section, we will break down the eligibility criteria, providing you with a clear understanding of who qualified for it and who did not.

Understanding Eligibility Requirements for CERB

Many Canadians are still facing uncertainty and confusion regarding their eligibility for the CERB application process. The ever-changing criteria and requirements had left individuals unsure about whether they qualified for this crucial financial assistance. Let’s delve into the key points causing confusion among applicants. The eligibility requirements were:

  1. Employment Status: To be eligible for CERB, you must have stopped working or experienced a significant reduction in your employment or self-employment income due to COVID-19. This includes individuals who have been laid off, furloughed, or had their business operations suspended.
  2. Income Threshold: The income requirement was that it must have been at least $5,000 in the previous 12 months or 2019. This income can come from employment, self-employment, or certain benefits related to maternity or parental leave.
  3. Residency Requirement: You must be a resident of Canada and have a valid Social Insurance Number (SIN) to qualify. Non-residents, temporary workers, and international students were not eligible.
  4. Exhaustion of Other Benefits: If you were already receiving other benefits, such as Employment Insurance (EI), you were not eligible for CERB. However, if you had exhausted your EI benefits, you could have been eligible.

Purpose of providing financial assistance during the COVID-19 crisis

The benefit was rolled out quickly by PM Justin Trudeau and his Federal Government and there was a lot of confusion about who was eligible for it. It was created to help those in Canada who the COVID-19 pandemic directly impacted. The program provided financial assistance to employees and self-employed workers. The benefit was worth a maximum of $2,000. Eligibility periods were every 4 weeks for up to four months.

The issue that troubles me is that the benefit was mostly paid to people who otherwise would not have been able to afford rent or food during their eligibility periods. The CERB benefit money was spent immediately and a long time ago. So if Canada Revenue Agency (CRA) and Service Canada have now determined that some people should not have gotten that benefit, what are those people supposed to do if CRA demands the money back?

A person wearing a traditional Canadian red and white plaid shirt, surrounded by stacks of paper and envelopes from the Canada Revenue Agency. They look terrified and overwhelmed as they try to figure out how to repay the money they owe. The scene is set against a gray, ominous background with looming shadows representing the fear and stress the person is feeling. The person's facial expression and body language should convey a sense of desperation and hopelessness.

Criteria for Eligibility Not Clearly Communicated

The criteria for qualifying for CERB have been subject to changes and updates by the Federal Government since the program’s inception until it closed. While the intention behind those adjustments may have been to accommodate a broader range of individuals in need, the frequent modifications have created additional confusion. Applicants struggled to keep up with the evolving requirements, making it challenging for them to determine if they were eligible for the benefit.

Moreover, the language used to communicate the eligibility criteria was complex and difficult for the average person to comprehend. The technical jargon and legal terms used in official documents and announcements further exacerbated the confusion, leaving many applicants feeling overwhelmed and uncertain about their eligibility status.

The shifting landscape of eligibility requirements added another layer of complexity for Canadians seeking financial support. As the government responded to changing economic conditions and societal needs, the criteria for qualifying were adjusted to reflect these shifts. While these changes were intended to ensure that those most affected by the pandemic received assistance, they also resulted in confusion among applicants.

For instance, updates to the eligibility criteria regarding income thresholds and employment status left many individuals questioning whether they still qualified for CERB. The evolving nature of these requirements meant that what may have been true one week could be outdated the next, creating challenges for applicants trying to navigate the system.

The confusion surrounding eligibility continues to be a significant issue impacting many Canadians who needed financial assistance during those uncertain times. The reason it continues is because CRA is now demanding repayment from many Canadians alleging that they never qualified for it in the first place.

Clear and transparent communication of the criteria, consistent updates on changes, and accessible language are essential to help individuals understand their eligibility status and navigate the application process effectively.

Understanding CERB Repayment and its Real-Life Challenges

While CERB provided much-needed financial relief to millions of Canadians, it is crucial to understand that the money received through the program was not a grant but a taxable benefit. This means that it needed to be included in each recipient’s income tax return for the taxation year it was received. Failure to do so results in serious consequences. Let’s delve into the repayment process as that was also not properly communicated.

  1. Repayment Deadline: The original deadline for repaying CERB was December 31, 2022. It was essential to plan your finances accordingly to meet this deadline and avoid any penalties or interest charges. As mentioned above, the problem was that everyone used the funds for rent and food. They did not have the money to repay.
  2. Repayment Options: The CRA provides various repayment options to make the process easier for Canadians. You can repay the amount in full, in installments, or through your income tax return. It is crucial to choose the option that best suits your financial situation. However, at this stage, if not repaid immediately upon CRA advising of ineligibility, penalty and interest will be added to the amount paid. This is causing much hardship to many Canadians today.
  3. Avoiding Misunderstandings: Many Canadians have found themselves in a situation where they received the benefit without realizing they were ineligible. CRA is now demanding repayment to rectify the situation.A person wearing a traditional Canadian red and white plaid shirt, surrounded by stacks of paper and envelopes from the Canada Revenue Agency. They look terrified and overwhelmed as they try to figure out how to repay the money they owe. The scene is set against a gray, ominous background with looming shadows representing the fear and stress the person is feeling. The person's facial expression and body language should convey a sense of desperation and hopelessness.

Answers to the CERB Repayment FAQs

Q: What are some common issues people are facing when it comes to repaying the CERB?

A: Some common issues people face when repaying the CERB include confusion about eligibility criteria, difficulties navigating the repayment process, challenges in understanding tax implications, and concerns about financial strain due to the repayment amount. Additionally, delays in receiving communication from the government regarding repayment arrangements and lack of clarity on repayment deadlines are causing stress and uncertainty among recipients.

Q: How is the government addressing the repayment problems faced by Canadians who received the CERB?

A: The Canadian government has implemented various measures to address the repayment issues faced by Canadians who received the CERB. This includes allowing individuals to set up payment plans, extending the deadline for repayment, and providing flexibility in terms of repayment options. Additionally, the government has introduced measures to waive interest charges on outstanding balances for a certain period and has simplified the process for individuals who may have difficulty repaying the benefit. These efforts aim to alleviate the financial burden faced by Canadians and ensure a smoother repayment process.

Q: Can I appeal a decision regarding the CERB Repayment?

A: Yes, you can appeal a decision regarding the Canada Emergency Response Benefit Repayment by contacting the Canada Revenue Agency and providing any relevant documentation or information to support your appeal. It is recommended to review the specific reasons for the repayment request and provide a clear explanation or evidence to support your case during the appeal process. You will need documents to prove your position and may require professional advice from a tax accountant or tax lawyer.

Q: Are there any options available for individuals who are struggling to repay the CERB due to financial difficulties?

A: Individuals who are struggling to repay the benefit due to financial difficulties can contact the CRA to discuss repayment options. The CRA may be able to work out a payment plan or provide assistance based on individual circumstances. It is important to communicate with the CRA as soon as possible to avoid any penalties or further financial burden.

Q: What are the consequences for individuals who are unable to repay the CERB on time?

A: Individuals who are unable to repay the CERB on time may face consequences such as having to pay penalties or interest on the overdue amount, having their tax refunds withheld by the government, or being subject to legal action to recover the debt. It is important to communicate with the Canada Revenue Agency if you are unable to make payments on time to explore potential options for repayment.

Q: What are the acceptable methods for repaying the Canada Emergency Response Benefit?

A: As of now, the CRA has not announced specific repayment methods. However, individuals who have received the benefit but are not eligible or have received more than they were entitled to will be required to repay it. The CRA may provide further guidance on repayment methods in the future, but for now, individuals can contact the CRA to discuss repayment options.

It is just like paying any other amount to CRA. You can do so online, at your bank or by mailing a cheque to CRA. Make sure you include the payment advice stub with your payment and write your social insurance number and how the payment should be directed on the back of your cheque or in the appropriate boxes if paying online.

Q: Can I access financial counselling services for assistance with CERB repayment?

A: Yes, you can access professional advice in the form of financial counselling services for assistance with repayment. Many non-profit organizations and financial institutions offer free counselling services to help individuals navigate their finances and manage any debt repayment, including assistance with repaying CERB funds. It is recommended to reach out to these organizations for personalized guidance on your specific situation.

Q: Can I file either a consumer proposal or bankruptcy to eliminate the CERB repayment debt demanded by the CRA?

A: You can include the CERB repayment debt in a consumer proposal or bankruptcy, but it is advisable to seek professional advice from a licensed insolvency trustee in Canada to understand the specific implications and requirements of each option to your unique financial situation. Each individual’s financial situation is unique, so it’s crucial to receive personalized guidance on the best course of action to address the this repayment debt, your other debts and the effect on your assets.

We have helped several individuals eliminate their CERB repayment debt through both successful consumer proposals and bankruptcy.

CERB Conclusion

The Federal Government has taken steps to address confusion surrounding this program by updating guidelines, improving communication, and providing resources for repayment assistance. However, the CERB part of PM Justin Trudeau’s Canada’s COVID-19 Economic Response Plan seems to be extending the confusion and angst that existed during the COVID-19 crisis itself.

Navigating the complexities of eligibility and repayment is overwhelming, but with the right information, you can ensure a smooth process. By understanding the eligibility criteria and repayment options, you can avoid confusion and potential financial hardships in the future. Remember, it is always better to be proactive and seek clarification if you have any doubts regarding your CERB eligibility or repayment status. Together, we can navigate the confusion and emerge stronger on the other side. Stay informed, stay compliant, and stay financially secure.

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

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

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

It is not your fault you can’t fix this problem on your own and it does not mean that you are a bad person. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore.

The Ira Smith Team uses innovative and cutting-edge methodologies, to adeptly navigate you through the intricacies of your financial challenges, ensuring a resolution to your debt-related predicaments without resorting to the rigours of the bankruptcy process. We can get you debt relief now! We have helped many entrepreneurs and their insolvent companies who thought that consulting with a Trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

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

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

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

A person wearing a traditional Canadian red and white plaid shirt, surrounded by stacks of paper and envelopes from the Canada Revenue Agency. They look terrified and overwhelmed as they try to figure out how to repay the money they owe. The scene is set against a gray, ominous background with looming shadows representing the fear and stress the person is feeling. The person's facial expression and body language should convey a sense of desperation and hopelessness.

 

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Brandon Blog Post

THE NEW CEBA LOAN REPAYMENT: YOUR ESSENTIAL GUIDE TO FINANCIAL RECOVERY

CEBA LOAN REPAYMENT 1
CEBA loan repayment

CEBA loan repayment: Introduction

Welcome to Brandon’s Blog, where we make every effort to furnish companies and all businesses with the necessary methods to deal with challenging economic uncertainty. Understanding your present financial health and wellness is crucial in overcoming problems and safeguarding long-lasting durability. As we are receiving many calls from entrepreneurs who are concerned about their company’s ability to make their CEBA loan repayment before the end of this year to take advantage of the partial loan forgiveness available before January 1, 2024, I thought this topic would be timely.

The COVID-19 pandemic has produced unprecedented financial challenges for companies around the world. Lockdowns lowered consumer spending, and the previously interfered with supply chains have left many battling to stay afloat. Businesses are confronted with the job of balancing the desire to protect the jobs of their employees while trying to turn a profit, or at least, stay afloat.

The financial influence of the pandemic has actually been felt most acutely by small and medium-sized companies, a number of which have been compelled to close permanently. Governments all over the world have carried out different relief steps to support struggling businesses, including the CEBA and other pandemic loans, yet there is no doubt that the roadway to recuperation will be a long and tough one.

As reported in a Financial Post article this past summer, “‘I feel abandoned’ — businesses warn of bankruptcy as deadline to pay back COVID loans looms, many businesses are still struggling with below-normal revenues even after the lifting of pandemic-related lockdowns. These businesses were able to receive federal government assistance through programs such as the Canada Emergency Business Account (CEBA) to stay afloat.

However, with the rise in interest rates and Canadian inflation, many businesses are experiencing further declines in earnings and are concerned about their ability to repay their CEBA loans before the original interest-free period, now extended, ends on January 18, 2024. On September 14, 2023, the federal government slightly extended the deadline, because of the clarion call of business associations across Canada for an extension to the repayment timeline. (See the section below “CEBA loan repayment: Extension hot off the press!“).

The article refers to a Canadian Federation of Independent Business (CFIB) survey revealing that 40% of the nearly 6,000 small businesses that participated in the survey are at risk of missing the current repayment deadline. Businesses with zero to four employees are most likely to struggle with making the payment. Even among the 47% who reported being able to pay, half of them anticipate difficulty in doing so. These findings come from Canada’s largest association of small businesses.

In this Brandon’s Blog, we aim to provide practical advice and valuable insights for businesses navigating the CEBA deadline.

CEBA loan repayment: Explanation of the CEBA and its importance during the pandemic

In response to the challenges presented by the COVID-19 pandemic, the Canadian government implemented a support program for small and medium-sized eligible businesses called CEBA. This initiative offered interest-free loans of up to $60,000 to eligible organizations, with a portion of the loan being forgiven if repaid by the new January 18, 2024 deadline without the borrower defaulting.

CEBA played a vital role in providing much-needed financial aid to struggling SMEs during these challenging times. By helping companies cover their expenses and maintain operations, CEBA assisted in preserving jobs and supporting economic stability. Overall, this program was effective in mitigating the impact of the pandemic on Canadian businesses.

CEBA loan repayment
CEBA loan repayment

The CEBA loan repayment deadline

The Financial Post article stated that as the deadline for repayment for each Canadian operating business with an outstanding CEBA loan draws near, many business owners are considering alternative loans to repay the CEBA loan they received. This decision could have a negative impact on the future of their businesses that are already under financial pressure.

Business owners quoted in the article stated that they believe they will have to utilize a line of credit to make the CEBA loan repayment by the deadline in order to take advantage of the forgivable portion. They are already struggling with overdue rent and property taxes, which has added to his financial burden.

These business owners say they have noticed an increase in unsolicited loan offers from dubious sources, who are looking to exploit the situation. A loan offer from an online lender had an interest rate of around 20%! Naive business owners that are desperate may be vulnerable to these predatory lending practices.

Missing the deadline for the CEBA loan repayment to take advantage of the loan forgiveness portion can lead to potential consequences for struggling businesses. We have been receiving phone calls from small business owners thinking that if they miss this end-of-year deadline it means their business is over and they will need to consider business bankruptcy.

These concerns are legitimate. The pandemic was not the small business’s fault. However, it seems that many business owners are unnecessarily hitting the panic button over the CEBA loan interest-free repayment date.

CEBA loan repayment is significant

Loan repayment is of utmost importance for all businesses facing financial uncertainty, including when it comes to the CEBA loan. Failing to make the CEBA loan repayment on time results in penalties and additional fees.

What will happen? There will be a loss of the substantial benefit from the loan forgiveness portion. As well, the loan’s interest-free period will end. CEBA loans will become two-year term loans and will begin charging interest at 5% per annum. Given the interest rate increases implemented by the Bank of Canada, a loan with a 5-per-cent annual rate right now looks cheap!

It is natural for every business owner to want to show their financial responsibility and take advantage of the substantial discount offered. But if the business is recovering, and will be able to start making CEBA loan repayment monthly payments beginning in 2024, the end result is not one that by itself, would cause businesses to fail. The CEBA loan is also an open loan, so if the business starts thriving after 2023, it can pay off the full amount then owing, albeit, without the juicy forgiveness portion.

So although it is preferable to make the CEBA loan repayment in full by the end of this year to take full advantage of the discount, the business will not necessarily fail just because the business cannot make a full CEBA loan repayment this year. However, if your business cannot recover from the COVID-19 pandemic, then the CEBA loan is not the only debt your business will not be able to repay.

CEBA loan repayment
CEBA loan repayment

CEBA loan repayment: Extension hot off the press!

On September 14, 2023, Prime Minister Trudeau, in a resounding declaration, addressed the pressing matter of CEBA loan repayment deadlines. The new policy creates an extended horizon. Companies now have until January 18, 2024, to make the CEBA loan repayment and take advantage of the partial loan forgiveness. For those not able to do so, the federal government is now offering an extra year to the timeline for repaying these term loans.

The CEBA initiative, which ran from April 9, 2020, to June 30, 2021, had bestowed nearly 900,000 SMEs and not-for-profits with a staggering sum of $49 billion. These financial lifelines were strategically deployed to defray the exigent operational overheads that besieged these businesses throughout the harrowing pandemic.

The horizon of the CEBA loan repayment deadline now stretches out from December 31, 2023, reaching January 18, 2024, all while preserving the prospect of partial loan forgiveness. The reason given is to make accommodations for the bustling year-end routines that a myriad of Canadian enterprises grapple with.

For those who find themselves unable to conform to the revised CEBA loan repayment deadline, as long as they make the requisite arrangements by January 18, 2024, their term loans will now extend the term loan repayment date yet another year, beyond the horizon of December 31, 2025, to December 31, 2026. The annual interest rate, for this now up-to-three-year term loan, remains resolute at a steadfast 5% per annum.

Here are some helpful tips that will help you determine what is best for you and your business going forward.

CEBA loan repayment: Term of the loan and principal payment schedule

The CEBA initiative extended financial support to qualified enterprises, granting them a vital economic lifeline. Let us delve into the key features of the CEBA loan reimbursement conditions:

Interest component

Not a single penny in interest shall accrue up to the fateful date of January 18, 2024. This means that for the entirety of the outstanding loan until that date, an annual interest rate of a resounding zero percent prevails. Subsequently, the interest rate shall metamorphose into 5% per annum, and whichever of the financial institutions processed your CEBA loan, will advise you of both the interest and principal reimbursement schedule.

The redemption and maturity of CEBA loans

There exists no obligation to remit any of the principal outstanding balance prior to January 19, 2024. Should the loan’s existence persist beyond this threshold, you will be obligated to start making monthly blended payments of interest and principal repayment until such time as the entire principal amount is repaid (without getting the benefit of any loan forgiveness), no later than the new date of December 31, 2026. Therefore, the CEBA loan goes from a 2-year term loan to a 3-year term loan.

Debt forgiveness provisions

In the eventuality that the outstanding balance of principal is paid off in full on or prior to January 18, 2024, a unique privilege unveils itself – the right to offset a portion of the debt forgiveness from the total owing. This accommodation is provided by the Federal government and processed through financial institutions, as long as the business has not, at a prior juncture, defaulted upon its financial obligations as per the loan agreement.

CEBA loan repayment
CEBA loan repayment

CEBA loan repayment: Assess your business’s financial situation

Assessing the financial health of a company is extremely important in understanding its current situation and potential for first survival, then profitability and growth. Examining key financial metrics such as cash flow, revenue trends, and debt levels can provide valuable insights for stakeholders to make informed decisions about the company’s future. By identifying areas of strength and weakness, as well as potential risks and opportunities, stakeholders can develop effective financial strategies that align with the company’s goals and objectives. Ultimately, conducting a thorough assessment of a company’s financial health is critical for ensuring its long-term viability and success.

To attain business financial success, it is necessary to begin with a thorough examination of the financial scenario of the business. Begin by collecting all relevant financial records, such as bank statements and invoices, as well as calculating your regular monthly revenue versus your expenses. This will aid you in determining your net cash flow, an important consideration in making informed financial decisions.

Once you’ve identified your expenditures, it’s time to find methods to reduce costs. This could include cutting optional spending or renegotiating agreements with vendors. Furthermore, it is essential to prioritize payments based on due days and rates of interest to manage outstanding debts.

Preserving a budget plan is important to keeping your finances on track. It aids you in staying clear of overspending and also makes sure that you’re making progress towards your financial goals. Frequently assessing your cash flow, expenses, and outstanding debts is crucial for accomplishing long-lasting financial stability.

CEBA loan repayment: Explore other financial options

For companies to flourish in the current financial climate, it is vital to increase their funding past relying exclusively on the CEBA. Although CEBA has been helpful for companies affected by the COVID-19 pandemic, it is not a practical long-term remedy. To ensure sustainability and also safety and security, businesses need to diversify their financial resources.

This could be accomplished by exploring alternative borrowing options like conventional financing or using funds from government programs. In addition, it may deserve to think about cost-cutting procedures to free up funds and create alternate revenue streams. By branching out, companies can much better withstand unanticipated financial challenges, build durability, and secure long-term success.

CEBA loan repayment: Business cost-cutting measures

Carrying out cost-cutting measures is an essential technique for companies to boost financial stability. Cost-cutting actions are designed to decrease expenditures, enhance effectiveness, and inevitably improve the bottom line. By carrying out these actions, businesses can optimize their operations and also allocate resources more effectively. This results in improved success as well as cash flow, which can be reinvested right into the business for future growth. Furthermore, cost-cutting procedures can assist services to stay competitive in their respective markets. On the whole, executing cost-cutting steps is a required step for businesses to keep economic stability and accomplish profitability, stability and growth.

Managing your company’s financial resources properly requires you to recognize and decrease non-essential expenses. This includes critically evaluating your cost control habits to cut down on unneeded expenditures without jeopardizing your important needs.

One useful idea is to develop a spending plan that takes into consideration all your expenditures as well as track your spending. This will allow you to determine areas where you are spending too much and make necessary changes.

An additional strategy is to prioritize your expenses as well as focus on what are your essential requirements while reducing non-essential expenses. Things such as eating in restaurants or acquiring unnecessary items are obvious non-essential expenses. Negotiating with your suppliers to decrease prices or switching to more budget-friendly alternatives can also be practical.

By adopting these easy yet sensible strategies, you can conserve money and enhance your business’s financial security in the long term.

As companies navigate economic difficulties and also change top priorities, there might come a time when staff reductions come to be required. It is necessary to deal with these situations with realism, recognizing the possible effect on employees’ financial safety and spirits. Interaction is crucial, as well as employers need to be forthright about why reductions are required, along with transparency concerning the timing and the need for downsizing.

Assistance and resources, such as severance plans as well as job search assistance, can help reduce the burden for impacted staff members. When choosing who will be affected by decreases, it is very important to focus on fairness and equity. Before implementing a downsizing plan, it is advisable to check out alternatives such as reduced hours or furloughs before considering terminations. Ultimately, handling HR reductions with sensitivity and regard to the human element can aid in keeping trust between employers and employees, even in tough times.

CEBA loan repayment
CEBA loan repayment

CEBA loan repayment: Seek professional advice

Seeking professional advice from financial experts, lawyers and industry specialists is a smart financial investment for any company’s future. These professionals possess specialized expertise and experience that can help business owners make educated choices about improving business practices and operations leading to improved performance and profits. They can offer valuable advice on budgeting, managing financial obligations, and legal and operational efficiency matters.

Furthermore, financial advisors can offer customized methods that cater to each business’s special financial goals and circumstances. By working with advisors, entrepreneurs can feel great that their strategies are well-informed and well-executed. Inevitably, the true value of talking to experts hinges on the comfort of having a solid structure and a clear roadmap for accomplishing business success.

In the business world today, it is essential to have a crystal-clear understanding of your firm’s standing and the necessary activities to achieve development and success. The advantages of professional guidance are plentiful as it gives customized methods to help your business. Collaborating with a specialist or various specialists can assist in identifying your core competencies as well as weaknesses, offering tailored suggestions to improve your business operations. This includes expert suggestions on marketing, finance, personnel, operations and a lot more. By obtaining a fresh perspective on your company, you can significantly enhance efficiency, performance, and productivity in the long run. Consequently, seeking professional assistance is a logical choice for businesses wanting to reach their goals and beyond.

CEBA loan repayment: Conclusion

In conclusion, CEBA loan repayment is an issue causing entrepreneurs a great amount of stress these days. Both individuals and business owners must take proactive measures to address financial difficulties and promptly seek assistance when necessary. It is crucial to recognize that financial stress is a prevalent concern and seeking help is a demonstration of fortitude, rather than vulnerability. Should you encounter challenges in managing your finances and find yourself burdened by stress, do not delay in pursuing aid.

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

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

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

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

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

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

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

CEBA loan repayment
CEBA loan repayment

 

Categories
Brandon Blog Post

CEBA LOAN REPAYMENT CAUSING YOU A GIGANTIC PROBLEM? HERE IS OUR COMPREHENSIVE SOLUTION GUIDE

CEBA
CEBA

CEBA Introduction

As businesses continue to grapple with the economic fallout of the COVID-19 pandemic, the Canadian federal government’s Canada Emergency Business Account (CEBA) loan program has proven to be a lifeline for those who qualified under the eligibility criteria. The CEBA program was available to businesses regardless of whether they were sole proprietorships, partnerships or corporations.

However, as the deadline for loan repayment approaches, many Canadian businesses are struggling to meet their obligations. Entrepreneurs fear that they may not be able to take advantage of the discount available for repaying the entire loan by the deadline of December 31, 2023.

In light of this, it’s crucial for business owners to enhance their cash flow management, refine their budgeting practices and diversify their revenue streams in order to develop an effective repayment plan. In this Brandon’s Blog, I’ll explore strategies for overcoming CEBA loan repayment challenges, highlighting expert guidance on navigating your loan obligations and achieving financial stability for your business. Hopefully, by using a professional approach, this Brandon’s Blog will inspire business owners and provide them with the knowledge and tools required to tackle these challenges head-on.

Importance of understanding the challenges associated with CEBA loan repayment by December 31, 2023

Comprehending the obstacles related to paying off the CEBA loan balance by the defined target date is critical for enterprises. It provides a considerable hurdle that businesses must repay the loan by the deadline to capitalize on the significant discount given for prompt reimbursement. While the financing stays interest-free up until then, interest charges begin thereafter. This suggests that Canadian businesses might face a financial burden, specifically if they are still recuperating from the prevalent impacts of the COVID-19 pandemic.

Furthermore, companies that fall short to satisfy the payment deadline might come across negative effects, like not being able to access further loans or other financial assistance.

CEBA
CEBA

Common challenges faced in CEBA loan repayment

Cash Flow Constraints and Their Impact on Loan Repayment

The effective handling of loan repayment can be substantially affected by the restrictions enforced by cash flow constraints. Restraints in the capital of the business have the possibility to generate missed payments, and penalties and apply stress on the economic security of your company. Comprehending the ramifications of these cash flow constraints is of utmost significance to formulate methods that successfully take on these difficulties.

1. Reduced capability for repayment

When capital restraints are experienced by your company, the ability to make timely and full loan payments are jeopardized. Minimal funds being readily available for loan repayment causes smaller-sized or delayed payments, leading to increased financial pressure on the business. Positive steps need to be taken to overcome these restraints.

2. Intense financial stress

Cash flow restrictions can generate financial stress on the entrepreneur as they navigate expenses and prioritize payments. The worry of managing day-to-day operations while confronting the reality of missing loan payment commitments can be overwhelming. This stress can adversely impact emphasis, decision-making, as well as overall organizational efficiency. It is of utmost value to formulate approaches that relieve economic stress and supply a clear roadmap for handling these cash-flow challenges.

3. Restricted growth opportunities

Insufficient capital development can hamper the growth and growth plans of your company. Many businesses have not yet seen an economic recovery of any substance. When a significant portion of your available cash needs to be allocated to loan repayment, limited funds are available for financial investment in the other areas of your business in order for it to grow and prosper. This constraint can stop your capacity to profit from business opportunities and compete successfully.

4. Tested relationships with suppliers and Financial institutions

Restricted cash flow can stress partnerships with suppliers and financial institutions. Late or missed payments can stain the credibility and reliability of your business, making it tough to negotiate good terms or additional credit when needed. Healthy connections with suppliers and also financial institutions are essential to maintain company operations and foster future development.

Lack of Financial Planning and Its Consequences

Falling short in financial planning can have major effects when it involves repaying loans. Businesses that don’t effectively prepare themselves or take proactive steps will find themselves struggling to meet financial commitments, which will cause unfavourable results. The effect of inadequate monetary planning leads to the negative consequences described above. In this area, I share sensible suggestions to assist businesses in effectively conquering these obstacles.

To alleviate the consequences of an absence of financial preparation as well as ensure successful loan repayment, take into consideration implementing and adhering to the following:

1. Produce a detailed financial strategy

Establish a comprehensive financial plan strategy that includes a proper budget, cash flow plan, and also a specific plan for loan repayment. Set reasonable economic goals and allocate funds accordingly.

2. Monitor and review funds regularly

Consistently examine your financial performance and also compare it with your strategy. This will certainly help you recognize any kind of deviations or possible issues in a prompt and allow you to make the necessary business adjustments.

3. Seek professional help

Consider dealing with a financial consultant or accounting professional who can supply guidance on financial planning, cash-flow monitoring, and loan repayment strategies. Their competence can aid you navigate the complexities of your corporate financial circumstances more effectively.

4. Automate loan payments

Establish automated payments on your loans to make sure prompt and also constant payments. This decreases the threat of missed payments and associated penalties.

5. Prioritize loan payment

Make loan repayment a top priority in your monetary strategy. Allot enough funds from your profits to cover the repayment responsibilities, even if it means making adjustments in other areas of your business.

By proactively addressing the lack of financial planning and implementing these methods, companies can avoid the consequences of missed payments, additional interest charges and all the other negative consequences.

Inefficient budgeting practices and their challenges

Suboptimal fiscal management techniques may present formidable impediments to successful loan repayment. In the absence of a meticulously crafted and adroitly executed budget plan, commercial entities may encounter hindrances such as:

  • Erroneous financial forecasting
  • Obscurity in expenditure tracking
  • Negligence toward prioritizing debt repayment
  • Inadequate monetary reserves or liquidity
  • Inefficacious expense management

To surmount the obstacles that arise from suboptimal budgeting practices, enterprises may wish to contemplate adopting the ensuing strategies:

  • Formulate a comprehensive budget
  • Enhance tracking of expenditures
  • Make repayment of loans a priority
  • Establish an emergency reserve
  • Engage the services of a professional

Through the implementation of these techniques and the adoption of proficient budgeting practices, businesses can triumph over the impediments presented by ineffectual budgeting and guarantee a more viable approach to loan repayment.

Limited profitability and Its implications for CEBA loan repayment

The ramifications of inadequate profitability can be profound when it comes to CEBA and other loan repayments. A business that is unable to generate ample profits may encounter difficulties in meeting its loan commitments. The consequences of limited profitability are:

  • Inadequate cash flow
  • Increased debt load
  • The peril of loan default
  • Curtailed business expansion
  • Tense relationships with suppliers and lenders

Despite the challenges posed by limited profitability, there are several aggressive steps companies can take to get rid of these barriers. Take into consideration the following methods:

  1. Conduct an extensive financial evaluation to pinpoint areas of improvement, consisting of the business’s cost framework, pricing methods, and revenue streams. Try to find chances to minimize expenses, boost performance, and expand revenue.
  2. Develop methods to increase earnings, such as reviewing pricing models, implementing cost controls, boosting operational effectiveness, and also exploring brand-new markets or product/service offerings.
  3. Take part in open interaction with lenders to discover possible financial debt restructuring or arrangement of settlement terms. Lenders may agree to change interest rates, extend payment periods, or give short-lived relief alternatives based on the business’s financial scenario.

To improve their ability to meet all financial commitments and make steady progress toward profitability, businesses can benefit from implementing these strategies.

Uncertain economic environment and Its effect on CEBA loan obligations

The ever-changing economic landscape can bring about a profound influence on the commitments tied to the CEBA loan. Companies grappling with market turbulence and unpredictability may face difficulties in fulfilling their loan repayment obligations. Within this segment, I will delve into the repercussions of an uncertain economic environment on CEBA loan responsibilities and propose effective approaches to overcome such circumstances.

1. Unpredictable income streams and loan repayment

As a result of an uncertain economic environment, companies may find themselves in a situation where they experience inconsistent earnings. Market volatility, changing customer preferences, as well as economic downturns, can all contribute to this unpredictability. Consequently, businesses might have a hard time allocating adequate funds for CEBA loan repayment.

2. Financial stress and decreased earnings

In an unpredictable financial environment, companies might experience lowered profitability due to elements such as lowered consumer purchasing, supply chain interruptions, as well as boosted input costs. This financial pressure can make it tough to find the resources for not only CEBA loan repayment but for the sustainability of the entire company.

3. Restricted accessibility to credit and financing

Throughout uncertain financial times, lenders will tighten their credit standards and decrease the availability of funding options. This minimal access to credit can adversely influence companies requiring extra funding to sustain their operations.

4. Changing federal government support programs

The government’s response to an uncertain economic environment can involve modifications or adjustments to support programs, including those related to CEBA loans. Many business groups and Chambers of Commerce have already been lobbying the federal government to extend the repayment deadline by one year to December 31, 2024, as many companies are still struggling. Time will tell if the federal government will extend the interest-free loan term or not.

5. Strategic financial planning and adaptability

To best navigate an uncertain economy, businesses can utilize strategic financial initiatives. Take into consideration the following approaches:

Monitor and budget: Routinely check economic indications, market fads, and also customer behaviour to anticipate possible influence on your business. Adjust cash flow forecasts and financial strategies as necessary.

Risk administration: Examine and minimize threats that can affect your revenue streams, productivity, and profitability. Expand your customer base, explore brand-new markets, or think about alternative revenue streams to decrease reliance on particular industries or markets.

Communication with lenders: Keep open lines of communication with your lending institution to go over any type of obstacles or changes in your financial scenario. Proactively will address any possible problems and help your lenders work with you to find choices for funding alterations.

Cash flow monitoring: Implement robust cash flow techniques, consisting of monitoring expenditures, enhancing working capital, as well as negotiating favourable terms with suppliers. Effective cash flow management can liberate cash resources for supporting operations during unpredictable times.

Business continuity planning: Develop a comprehensive organization continuity strategy that takes into consideration numerous economic scenarios. Recognize strategies to mitigate the impact of financial volatility on your procedures and allocate resources for loan repayment as a priority.

By adopting these approaches and staying watchful in checking the economic landscape, businesses can better navigate the obstacles of an unpredictable economy. The assistance of financial professionals is key in navigating rough economic waters.

CEBA
CEBA

CEBA loan repayment problem does have a silver lining

The requirements for CEBA loan repayment carry the following provisions. There is no interest charged until the end of December 2023. Thereafter, the annual interest rate will be 5%. The frequency of interest payments will be determined by the applicant’s financial institution but most likely, it will be monthly.

There is a silver lining if your business is unable to repay the discounted loan amount in full by the end of this year. Given the Bank of Canada interest rate hikes, the current overnight rate is 4.75%. The prime rate charged by the chartered banks to their best customers is around 6.95%.

So under current economic conditions in Canada, the proposed interest rate to be charged on outstanding CEBA loans beginning January 1, 2024, of 5%, is well under current interest rates charged on unsecured business loans.

CEBA Conclusion

In summary, defaulting on your CEBA loan repayment can result in negative effects on your business Nonetheless, there are still 6 months to go before completion of the year. With the appropriate strategies in position, you can overcome the challenges of settling your CEBA loan.

Developing a comprehensive repayment strategy, improving your cash flow administration, improving your budgeting methods, and also diversifying your revenue streams are all essential steps to accomplishing financial improvement and security. Seeking skilled professional support can also assist you navigate the intricacies of your CEBA loan obligations and set up your business for lasting success. With these methods in hand, you can take control of your finances and remain ahead of your CEBA loan repayment.

I hope you enjoyed this CEBA Brandon’s Blog Managing your personal or business financial affairs in today’s ever-challenging and changing business landscape is no small feat, but with the right plan in place, it’s possible to stay or get back on track.

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

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

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

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

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

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

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

CEBA
CEBA

 

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Brandon Blog Post

FEDERAL BUDGET 2023 AND PREDATORY INTEREST RATES: WHAT EVERY ENLIGHTENED CONSUMER MUST KNOW

interest rates

Interest rates: Introduction

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

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

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

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

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

Interest rates: Background information on predatory loans

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

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

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

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

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

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

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

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

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

Interest rates: Common characteristics of predatory loans

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

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

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

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

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

Interest rates: Criticism of the government plan

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

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

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

Benefits of cutting interest rates on predatory loans

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

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

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

Interest rates: Criticisms of the decision

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

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

Benefits of cutting interest rates on predatory loans

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

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

The major advantages seem to be:

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

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

Interest rates: Conclusion

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

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

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

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

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

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

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

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

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Brandon Blog Post

IS CANADA IN RECESSION? MOST CANADIANS SAY YES TO AN INTENSE RECESSION

Is Canada in recession?

Statistics Canada recently released data showing that inflation rose to 7.7% year-on-year in May, up from 6.8% in April. This was the highest reading since January 1983 and well above the 7.3% expected by economists. The inflation index rose 1.4% from the previous month, with gasoline prices, hotel prices and car prices being the main reasons for the rise in May.

Many economists believe core measures are a better indicator of underlying price pressures, as it excludes food and energy costs. The recent average of this measurement, according to Statistics Canada, increased to 4.73% which is the highest level in the last 32 years! The worst news, their inflation expectations are not stopping.

In this Brandon’s Blog, I discuss is Canada in recession and look at what effect it might have on Canadians.

Is Canada in recession? What is a recession?

In the most basic terms, a recession is not only when economic growth is curtailed but is a period of economic decline marked by a contraction in economic activity. Most governments define a recession as two straight quarters in which the economy contracts by at least 1.5 percent. Economists define it as negative gross domestic product (GDP) growth. This definition doesn’t take into account consumer sentiment, but that’s an important metric to pay attention to since it affects consumer spending.

Fears of a recession have been rising in recent weeks as central banks around the world try to bring inflation down from the highest in decades by raising interest rates quickly. A new poll finds that nearly 8 in 10 Canadians believe the Canadian economy is in or near a recession. More than half of those Canadians are starting to cut back on spending to cope with the recession.

According to a recent survey of 1,517 Canadians by Yahoo and pollster Maru Public Opinion, a whopping 78 percent of respondents believe Canada is now in a recession or approaching a recession. Of those, 23% believe Canada will enter a recession within the next three months, while as many as 55% believe the Canadian economy is now in a recession.

is canada in recession
is canada in recession

Is Canada in recession right now? What the economists say

Canadian economists were surveyed by Finder on their inflation and economic recession expectations. Most said Canada has recession risk and is heading for a recession. They say we can expect it to happen anytime between 2023 and the first half of 2024. Most thought it would happen in the first six months of 2023, another quarter thought it would take a year to manifest. Economists have pointed to the pandemic, inflation and interest rate hikes as the reasons for the recession in Canada (isn’t the hot money only flowing into the housing market the reason for the recession?).

Finder explains how economists try to time recessions. Canada is headed for a normal summer as pandemic restrictions are lifted, but a new variant of the COVID-19 pandemic could emerge in the fall that could tip us into a Canadian recession by this time next year. What they cannot tell us is whether it will be a mild recession or a deep recession.

Why Is Canada likely to experience a recession?

In a single word – inflation. Inflation is rising and our federal government is doing nothing to quell the inflation expectations. This is causing the Bank of Canada to try to tame inflation by raising interest rates. This increases the risk of a recession. In fact, many economists told Finder they expect “aggressive” rate hikes in the coming year. Most of those polled believe there will be at least four more rate hikes this year.

Fears of a recession have been rising in recent weeks as central banks around the world try to bring inflation down from the highest in decades by raising interest rates quickly. The Bank of Canada is one of the central banks trying to restore soaring inflation to its target range of 1% to 3%. On June 1, the Bank of Canada announced a rate hike of 0.5%.

The timing of the recession is not easy to grasp, and much depends on what happens with Russia’s invading Ukraine. Murshed Chowdhury, an associate professor at the University of New Brunswick, expects the recession to continue into the first half of 2024. How long the supply-side problems will last and the escalation of the Russian-Ukrainian war will play a big role in deciding how things turn out.

The rise in prices causing inflation can be attributed to a number of factors, including poor fiscal management by the federal government. Other factors include record highs in commodity prices such as oil and wheat. Unfortunately, wage growth for most Canadians has not kept pace with inflation. Wages have risen 2.7% over the past two years, compared with inflation of 3.4% over the same period.

is canada in recession
is canada in recession

Is Canada in recession? What will happen to the economy of Canada?

Consumer prices in Canada accelerated to their highest level in 40 years, Bloomberg reported, adding pressure on the Bank of Canada to continue aggressively raising interest rates in the coming weeks.

Markets are almost entirely confident that the Bank of Canada will raise interest rates by 75 basis points next month, which will lift its policy rate to 2.25%. The rate is expected to be as high as 3.50% by the end of the year. The preferential loan interest rate offered by commercial banks is usually more than 2 percentage points higher than the policy interest rate.

Prime Minister Justin Trudeau’s government has also come under pressure from opposition parties and economists to do more to contain inflationary pressures and help households offset the cost of living, though the Trudeau government has been wary of any new measures.

Like other countries, Canadian households have been hit by record gasoline prices and soaring food prices. After a slight pullback in April, gasoline prices surged again in May, rising 12% for the month and 48% from a year earlier. Food prices rose by a smaller 0.8% in May but were up 8.8% from a year earlier.

Given that gasoline prices rose further in June, the 7.7% annual figure may not even be representative of the peak annual price increase. There were more signs that imported inflation was affecting domestic prices, with the cost of services rising 5.2 percent from a year earlier, the fastest pace of growth since 1991.

The cost of living is rising twice as fast as the average Canadian wage, creating significant headwinds for the economy. Unfortunately, the Canadian government and the Bank of Canada are treating this as if inflation is all caused by domestic factors when it is really global. Raising interest rates aggressively, an old tool, cannot solve a globally induced imported inflation spike.

The inflation we are experiencing now is a result of all the shocks to the Canadian economy: COVID-19, monetary policy-induced recession factors when the Bank of Canada kept interest rates at their lowest ever levels during the COVID-19 pandemic, the supply side problems because every major world economy effectively shut down for the better part of 2 years, the war in Ukraine causing shortages and therefore price spikes. None of it is a Made In Canada problem, yet the Bank of Canada and the federal government are treating it as if it was homegrown.

Is Canada in recession? What happens if we experience a recession?

Canadians’ purchasing behaviour is already beginning to change. A poll conducted by Nanos Research for Bloomberg News indicates:

  • 52% of Canadians surveyed say they have adjusted their spending habits, set stricter priorities and started consciously spending less in the past month.
  • The majority of Canadians expressed concern about the state of the economy, with 62 percent of Canadians believing that the Canadian economy was on the wrong track.
  • Rising prices have led 32 percent of Canadians to believe they are in a worse financial position than they were the previous month. Only 8 percent of Canadians said their situation had improved.
  • Regionally, the poll showed that residents of Atlantic Canada and Western Canada are particularly concerned about the economy.
  • In the Atlantic region, 75% of respondents believe the Canadian economy is heading in the wrong direction; in Manitoba and Saskatchewan, 77%; in Alberta, 66% of people hold this view.
  • 41 percent of Canadians said they were in a worse financial position today than they were last year. This is the second-highest reading since 2008.

This consumer sentiment, runaway inflation and the Bank of Canada and the federal government using old tools to fix a new problem will have negative consequences for Canadian businesses. Consumer spending which previously fueled the Canadian economy, now reduced consumer spending, this will most likely place is Canada in recession.

Lower company sales will lead to job losses and our record low unemployment rate will increase possibly to a new high when the current job market changes for the worst during a recession. Business investment will be reduced and what investment is made, will be more in systems and technology than people. There will be a resultant drop in GDP. Certain asset categories will drop dramatically in price as capital flees places like the Canadian stock market for investments seen to be safer.

is canada in recession
is canada in recession

Is Canada in recession? How to protect yourself from a recession

Our spending and investing habits directly impact the economy. This year so far, it’s been a rough ride. However, the majority of how a recession affects us is within each of our own control. The rest of it, the minority is because of forces beyond our control.

The economy will vary from year to year. Our spending, saving and investing habits directly impact the economy. It is important for all of us to make smart financial decisions now so we can weather the storm when the economy dips. Is Canada in recession? Based on the above, not right now, but, it could be soon. Here are my tips on how to protect yourself from a recession.

It’s important to have an emergency fund

When a recession hits, you can get fired and the value of your investments can plummet. One of the best ways to protect yourself from financial distress or additional debt is to increase your emergency savings.

That way, even if there are unexpected expenses, or your income is affected, you’ll have a cushion to protect yourself and your family. I always recommend having an emergency fund that allows you to survive for a 6-month period.

Boost your employment prospects

When a recession hits, job security can be at risk. To safeguard your income, you should consider finding a side hustle in addition to your regular job. This can serve two key purposes—helping you grow your emergency fund and providing you with extra income.

You should focus on developing job skills that will help improve your chances of not being laid off. Time management, communication, and attention to detail are all important skills to focus on.

Budgeting

Look at your family household expenses. Cut back on anything that is not necessary spending. If necessary, use cash to pay for purchases and not a credit card. We tend to spend less when we have to count it out in cash rather than tapping or swiping a card.

That way your money will go much further. Remember, during a recession, cash is king!

Pay down debt

Do everything you can to pay down your debt before a recession hits. The more debt you have, the more of your money goes to interest payments. If you have variable rate loan debt, as the Bank of Canada continues to crank up interest rates, the cost of that debt increases.

If you have fixed-rate debt and it comes up for renewal time, say like your house mortgage, you will be forced to renew at a higher interest rate. So, by paying down debt, you are insulating yourself as best as possible against the negative effects of the recession on your outstanding debt.

The economy may or may not slip into a recession but based on what the economists believe, more likely than not, eventually, it will. Recessions can last for a long time, or they can end quickly. However, the more prepared you are, the lower your chances of suffering a prolonged financial shock in the aftermath.

You may also want to read 2 other Brandon’s Blogs:

Is Canada in recession? What if your debt is too much for you?

I hope you found this is Canada in recession Brandon’s Blog interesting. Among the many problems that can arise from having too much debt, you may also find yourself in a situation where bankruptcy seems like a realistic option.

If you are dealing with substantial debt challenges and are concerned that bankruptcy may be your only option, call me. I can provide you with debt help.

You are not to blame for your current situation. You have only been taught the old ways of dealing with financial issues, which are no longer effective.

We’re passionate about permanently solving your financial problems with you and getting you or your company out of debt. We offer innovative services and alternatives, and we’ll work with you to develop a personalized preparation for becoming debt-free which does not include bankruptcy. We are committed to helping everyone obtain the relief they need and are worthy of.

You are under a lot of pressure. We understand how uncomfortable you are. We will assess your entire situation and develop a new, custom approach that is tailored to you and your specific financial and emotional problems. We will take the burden off of your shoulders and clear away the dark cloud hanging over you. We will design a debt settlement strategy for you. We know that we can help you now.

We realize that people and businesses in financial difficulty need a workable solution. The Ira Smith Team knows that not everyone has to file for bankruptcy in Canada. Most of our clients never do, as we are familiar with alternatives to bankruptcy. We assist many people in finding the relief they need.

Call or email us. We can tailor a new debt restructuring procedure specifically for you, based on your unique economic situation and needs. If any of this sounds familiar to you and you’re serious about finding a solution, let us know.

Call us now for a no-cost consultation.

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

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

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

Who is responsible for monitoring online casinos in Ontario?

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

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

online sports betting
online sports betting

Welcome to the exciting world of iGaming in Ontario!

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

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

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

What is the Ontario gambling age?

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

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

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

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

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

online sports betting
online sports betting

Is the Woodbine Casino available online?

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

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

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

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

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

Do online sports betting lead to gambling addiction?

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

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

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

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

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

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

online sports betting
online sports betting

Can you file bankruptcy for online sports betting debts?

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

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

The key issues are:

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

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

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

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

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

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

online sports betting
online sports betting

Online sports betting, gambling addiction and getting a bankruptcy discharge

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

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

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

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

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

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

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

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

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

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

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

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

Call us now for a no-cost consultation.

online sports betting
online sports betting

 

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CERB CANADA: THE ENORMOUS DEBT PROBLEM NOW FACING CANADIANS

The Canada Emergency Response Benefit (CERB Canada) has been closed but is not over

The government is ramping up its efforts to verify CERB Canada eligibility for payments made under the Canada pandemic support program. Many Canadians have been told to return some or all of the funds received in the past. The Canada Revenue Agency (CRA) and Employment and Social Development Canada are working together to ensure that those who received COVID-19 pandemic individual benefits were eligible for them. CRA also announced that they are sending out Notices of Redetermination to Canadians who were ineligible for some or all of the CERB Canada benefits they received.

The CERB Canada benefit was rolled out quickly and there was a lot of confusion about who was eligible for it. It was created to help those in Canada who the COVID-19 pandemic directly impacted. The program provided financial assistance to employees and self-employed workers. The benefit was worth a maximum of $2,000 every 4-week period for up to four months.

The issue that troubles me is that the benefit was mostly paid to people who otherwise would not have been able to afford rent or food. The CERB Canada benefit money was spent immediately and a long time ago. So if CRA and Service Canada have now determined that some people should not have gotten that benefit, what are those people supposed to do if CRA demands the money back?

In this Brandon’s Blog, I discuss what the options may be for people who receive a demand for repayment of the CERB Canada benefit.

Who was eligible for CERB Canada?

To qualify for the CERB payment from the government support program, you must have met certain conditions during the period you applied. The Government of Canada stipulated the following eligibility criteria:

  • You did not look for or receive, CERB Canada or Employment Insurance benefits from Service Canada for the same qualification period.
  • You did not stop your work willingly on your own. You were forced to stop your work by someone else.
  • You are a Canadian resident who is at least 15 years old.
  • You must have earned at least $5,000 (before taxes) in the preceding 12 months, or in 2019, from one or more of the following:
    • job income
    • self-employment income earnings
    • benefits relating to pregnancy or parental leave from the province

The program was designed to help Canadian employees and self-employed Canadians who lost their jobs or saw a significant decrease in income due to the COVID-19 pandemic and the COVID-19 lockdown order resulting in business shutdowns. The program came to an end on December 2, 2020.cerb canada

Sending your CERB Canada payment back

If you have received a letter from Service Canada asking you to repay an overpayment, the CRA says you need to follow the instructions on the letter to return the payment.

You will have the opportunity to provide more evidence to support your claim that you were entitled to the CRA’s full CERB benefit payment. Based on your responses, you may need to repay the full amount you received.

If you received any CERB Canada payments and they now say you didn’t fit into the group of eligible workers, you have the option to pay back what you owe in full right now or over time. They expect you to repay it in full either way.

Now consider this. The federal government paid nearly $12 million in CERB Canada payments to more than 1,600 people with foreign addresses during the first seven months of the pandemic! How did that happen if one of the criteria of this program was you had to be a resident of Canada?

The way the CERB Canada benefit is taxed is by taking it out of your paycheque – wasn’t that enough?

The CERB Canada benefit was not a grant or any other kind of freebie. Anyone who received it had to include it in their taxable income. That is fair because the benefit was meant to replace lost income.

In April 2020, Prime Minister Trudeau announced that the Government of Canada would be taking extensive and decisive action to support Canadians and businesses who were struggling due to the COVID-19 global pandemic through an expansion of this program.

The Prime Minister went on to say that no Canadian should have to choose between protecting their health, putting food on the table, paying for their medication or caring for a family member. He said this is why the government introduced the CERB Canada Benefit, a taxable benefit.

There have even been CRA, Employment and Social Development Canada and court decisions confirming that the CERB Canada payments are taxable and that it was definitely not a free ride. The demand for repayment of benefits from Canadians who CRA and Service Canada now feel were not eligible workers seems totally anti-social. The program was rolled out hastily and under unclear, confusing circumstances, and Canadians have been paying income tax on the benefits they received. Surely our federal government has better places to spend its time clawing back wasteful spending.cerb canada

Mom was shocked when her maternity leave benefits were cut in half due to the CERB Canada benefit

A mother was shocked to see that her most recent parental benefits instalment had been cut in half. She said that maternity and parental benefits are paid to parents so they can take time off from paid work to do another kind of work: care work.

She was receiving half of her parental leave benefits for three weeks, which were already about half of her regular earnings. The reason for the reduction was because it was determined that the CERB Canada benefit she received for every four-week period, increased her income to the point where the reduction was warranted.

Then she received a demand for repayment. She hadn’t expected to have to repay the benefit. Shortly after the COVID-19 outbreak hit in March 2020, she was let go from her work because there wasn’t enough work to go around. She thought she qualified under the eligibility requirements for the CERB Canada benefit.

She couldn’t repay the full amount in one shot so she tried to arrange a repayment plan with CRA. She said that she had to fax about a dozen documents and field several questions from federal government employees to prove she is experiencing “financial hardship” in order to qualify for a payment plan. I don’t understand why payment plans have to be approved rather than just being automatically set up. These are not rich people that they are demanding repayment from, so why make them jump through hoops?

The British Columbia court has ruled that the CERB Canada payment must be deducted from the damage award for wrongful dismissal

Here is another example that the CERB Canada benefit is not a tax-free payment or a non-taxable grant. In Reotech Construction Ltd. v Snider, 2022 BCSC 317 the trial judge awarded the employee damages for a 4.5-month reasonable notice period and declined to deduct his CERB Canada payments.

After reviewing the case, the Supreme Court of British Columbia decided that the original trial judge was incorrect in choosing not to reduce the damage award by the $9,000 in benefits received. The court decided that these payments should be deducted from the award.

There was no indication that the employee would have to repay the CERB Canada benefit to the government. If the CERB payments are not deducted, then the employee would be in a better position than if there had been no breach of the employment contract. The employee would not have received the benefit if he had not been dismissed, making the benefit an indemnity for the wage loss caused by the dismissal.cerb canada

How to repay the CERB Canada benefit

If you received the CERB Canada and now find out that you did not meet the eligibility requirements, as shown above, you must repay the money. There are a few different ways that you can repay the amount demanded.

The easiest way to repay the CERB Canada amount is through your online service CRA My Account. You can log into your account and select “Repay CERB” under the “My Account” tab. If you do not have a CRA online account, you can repay the amount you owe either by sending a cheque through Canada Post to the CRA mailing address you can find online. You can also pay it at your financial institution using the government-issued remittance form.

But what if you are just one of the many hard-working Canadian workers living paycheque to paycheque? What if you do not have the money to repay what they say you owe, either all at once or by taking an amount out of each of your future paycheques that CRA will agree to?

What if you cannot repay because the government stepped up its efforts to verify CERB Canada payments and made demands on you?

As stated above, if you cannot afford to repay the full amount being demanded of you all at once, you can hopefully convince CRA that you deserve a payment plan over time due to “financial hardship”. This assumes that the government is right that you were not originally entitled to the amount that you received for the CERB Canada benefit. But what if you cannot afford to repay it at all, no matter what sort of payment plan you can enter into?

The outcome will depend on if you are insolvent. Being insolvent doesn’t necessarily mean bankruptcy. Insolvency (aka financial failure) is a financial condition that occurs when a person or company doesn’t have enough assets to pay off all debts if they were to be liquidated. It also means that the person or company has stopped paying their bills on time in the normal course.

If the person is NOT insolvent, they are expected to sell assets or use cash on hand to pay their bills.

If you’re insolvent, you can take advantage of Canadian insolvency legislation, the Bankruptcy and Insolvency Act (Canada) (BIA). The debt to repay the CERB Canada benefit is an ordinary unsecured claim that will be eliminated through a successful financial restructuring under either a consumer proposal or a Division I proposal. As a last resort, you could also file for bankruptcy.

I would rather refer you back to some of my earlier Brandon’s Blogs that go over the requirements for each insolvency option, rather than go through all of them individually here. They are:

  1. Consumer proposal –CONSUMER PROPOSAL TORONTO: THE COMPLETE #1 WAY TO ELIMINATE DEBT IN ONTARIO
  2. Division I Proposal –THE EASIEST WAY TO ACTUALLY LIKE WHAT IS A DIVISION i PROPOSAL ONTARIO
  3. Personal bankruptcy – BEYOND BANKRUPTCY SERVICES: OUR BEST PERSONAL INSOLVENCY FAQ 2 JUMPSTART YOUR FINANCIAL LIFE

CERB Canada: Canadian workers now under fire

In summary, CRA now says it’s “time to pay up” for Canadians who were paid the CERB Canada benefit during the pandemic. Although CRA has a right to claw back the amount if it is correct that the person was not eligible, what CRA’s insistence means for many Canadian workers is they now have to choose between paying back their CERB or paying for food, rent or medicine.

This is so ironic because the benefit payments were designed to help those people in making those payments when their incomes dried up. The amounts were taxed so the government earned income that way. Now they are causing unneeded stress and worry to the people they aimed to help.

I hope this Brandon’s Blog was helpful to you in understanding more about this problem now facing many Canadians. If you or your company has too heavy a debt load, we understand how you feel. You’re stressed out and anxious because you can’t fix your or your company’s financial situation on your own. But don’t worry. As a government-licensed insolvency professional firm, we can help you get your personal or corporate finances back on track.

If you’re struggling with money problems, call the Ira Smith Team today. We’ll work with you to develop a personalized plan to get you back on track and stress-free, all while avoiding the bankruptcy process if at all possible.

Call us today and get back on the path to a healthy stress-free life.cerb canada

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CEBA LOAN BUSINESS CLOSED: THE #1 DRASTIC ULTIMATE CEBA LOAN FORGIVENESS PLAN

ceba loan business closed

CEBA loan business closed: Program overview

The Canada Emergency Business Account (CEBA) program offered interest-free loans of up to $60,000 to small businesses and not-for-profits. CEBA was available from more than 230 financial institutions across the country.

As of October 26, 2020, eligibility for CEBA was expanded by removing the previous requirement that applicants demonstrate that their business had suffered a revenue loss of at least 15% due to the COVID-19 pandemic.

As of December 4, 2020, CEBA applicants who have been approved are able to receive a $60,000 loan. CEBA applicants who had received the original $40,000 CEBA loan were eligible to apply for the CEBA expansion, which offered businesses an additional $20,000 of financing.

Many businesses in Canada have lost confidence in their financial prospects due to the uncertainty over the fate of the ongoing federal pandemic support, according to the Canadian Federation of Independent Business (CFIB). Many businesses could not survive even with this emergency government support.

I have written several blogs on the CEBA program. The federal government in its budget presented last week is trying to turn the page from COVID relief. However, many businesses still struggle. In this Brandon’s Blog, I look at what it means for the entrepreneur for CEBA loan business closed businesses.

CEBA loan business closed: Eligibility

There were two streams of eligibility for the CEBA application process for a qualifying business:

  1. the Payroll Expenses Stream (Applicants with employment income paid in the 2019 calendar year between Cdn.$20,000 and Cdn.$1,500,000); and
  2. the Eligible 2020 Non-Deferrable Expense Stream (Applicants with Cdn.$20,000 or less in total payroll expenses paid in the 2019 calendar year).

All Canadian operating business applicants must have satisfied the following requirements:

  • An active CRA Business Number (BN) was registered on or before March 1, 2020.
  • In order to apply for CEBA, the Borrower must have had an active business chequing/operating account with the business bank lender at the time of application (with an active operating business in operation).
  • This business has not used the Canada Emergency Business Account Program (Program) in the past and will not apply for support through the Program at any other financial institution.
  • The company plans to keep running its business or start operating again.

If you meet the following criteria then you qualify for the Non-Deferrable Expenses Stream:

  • To be eligible for the program, your non-deferrable expenses must fall between CDN$40,000 and CDN$1,500,000. This could include costs such as rent, property taxes, utilities, and insurance. Please note that these expenses are subject to verification and audit by the Government of Canada.
  • Filed an income tax return for the 2019 fiscal year, or 2018, if the return for 2019 has not yet been filed.

    ceba loan business closed
    ceba loan business closed

CEBA loan business closed: Are any borrowers excluded from CEBA?

As required by the Government of Canada’s Program, the Borrower confirms that:

  1. It is not affiliated with any government organization or body, nor is it an entity wholly owned by a government organization or body.
  2. This organization is not a registered charity, non-profit organization, union, or fraternal benefit society or order, nor is it an entity owned by such an organization unless the entity is actively carrying on business in Canada (including a related business in the case of a registered charity) that earns revenue from that business.
  3. It is not owned by any Federal Member of Parliament or Senator.
  4. It is not a promoter of violence, hateful, or discriminating activities against sex, gender identity or expression, sexual orientation, colour, race, ethnic or national origin, religion, age, or mental or physical disability, according to applicable laws.

CEBA loan business closed: Program repayment deadlines have changed

The CEBA government support program has now been shut down. The application deadline has long passed. The federal government reviewed the original repayment deadline and saw that Canadian businesses were still struggling. So the program repayment deadlines were changed.

The terms of CEBA loans originally required that the outstanding balance (other than the amount eligible for forgiveness) must be repaid by December 31, 2022, in order to be eligible for partial loan forgiveness. The Government of Canada has announced a change to that requirement, and borrowers will now have until December 31, 2023, to repay the outstanding balance net of the amount forgiven.

As there are no payments due as of December 31, 2022, as long as your business is continuing to operate, your business CEBA loan is in good standing. Conversely, a CEBA loan business closed is not in good standing.

ceba loan business closed
ceba loan business closed

CEBA loan business closed: What are the terms of the forgiveness?

CEBA loans are partially forgivable loans concerning principal repayments. Originally the loan program offered a loan of $40,000 assistance for businesses. The program was then amended to provide for an additional loan of $20,000.

As long as your company meets the CEBA eligibility criteria, it will have the following key features of forgiveness:

  • If your business borrowed $40,000 or less, you may be eligible for forgiveness of up to $10,000. To receive forgiveness, you must repay the outstanding balance of the loan (other than the amount available to be forgiven) on or before December 31, 2023.
  • If your company borrowed between $40K and $60K, the remaining balance of the loan (excluding the amount available for forgiveness) is repaid by December 31, 2023, a single tranche of loan forgiveness up to $20,000 will be issued. The amount of forgiveness will be calculated as follows:
  • 25 percent of the first $40,000; plus
  • 50 percent of any amount above $40,000, up to $60,000.

CEBA loan business closed: Small business bankruptcies on the rise

The number of insolvencies filed by medium businesses and owner-operated small businesses in the fourth quarter of 2021 was 9.7% higher than in the fourth quarter of 2020 and 36.8% higher than in the third quarter of 2021. These filings were either restructuring proposals or liquidation bankruptcies under the Bankruptcy and Insolvency Act (Canada) (BIA).

During the same time period, the number of large company restructurings under the federal Companies’ Creditors Arrangement Act (CCAA) has decreased. This suggests that small business insolvency filings are increasing.

Over the last two years, government support programs have helped eligible Canadians and Canadian eligible businesses. Therefore there was a reduction in consumer and business bankruptcies. However, now that the support has ended, Canadians and their businesses will have to deal with and fix the underlying problems they face.

ceba loan business closed
ceba loan business closed

CEBA loan business closed: Considering closing your business?

From time to time I’ve spoken to entrepreneurs who applied and received the $60K CEBA loan, only to still not have sufficient confidence in their business’s financial prospects in this challenging time. The company is in financial trouble. These business owners are wondering what will happen if they have an outstanding CEBA loan and they have a business closure. What happens if business operations shut down?

If you have a CEBA loan business closed, that is a default under the loan agreement. A CEBA loan is a loan that does not require collateral from the borrower. The lender does not take security against the company’s assets as a condition of making the loan advance. Even though the language in the loan document may be unclear, if the CEBA loan borrower is an incorporated company, there were no personal guarantees required from the owners.

However, other creditors may have a personal guarantee either because the entrepreneur was required to give it, or it is a liability that attracts personal liability for the Directors of the company. Normal examples of such personal liability are:

  • other bank loans from the same or other banks;
  • the commercial landlord for the premises lease;
  • unremitted source deductions or HST; and
  • unpaid wages and vacation pay for employees.

It’s crucial that you consider all the risks before making any decisions to close your business. Seek professional guidance from an Insolvency Trustee (Trustee) to get an accurate assessment of your circumstances and learn what the best way is to safeguard your remaining finances.

CEBA loan business closed: Two options for small business in financial distress

A restructuring proposal under the BIA may be a good option for your business if it is viable but insolvent. With a viable core business, the unprofitable parts can be cut away so that the business can once again generate a positive cash flow. The benefit is that management never has to stop operating the business and you remain in control. The business avoids bankruptcy.

If the company is not viable and is insolvent, it is not worth it to keep funding it from personal resources, as it will only result in more money being lost from insufficient business income to cover all the operating expenses. Corporate bankruptcy is the legal process governed by the BIA and administered by a Trustee.

In a business bankruptcy, the Trustee is responsible for overseeing the process. The Trustee seizes the business assets and sells them. The resulting proceeds (minus any claims by secured creditors or trust claimants) are used to cover the cost of bankruptcy administration and make a distribution to the unsecured creditors.

ceba loan business closed
ceba loan business closed

CEBA loan business closed: CEBA and CERB loans can be included in bankruptcy

The Canadian government’s COVID-19 Economic Response Plan (CERP) provided much-needed financial assistance to many businesses, including family-owned corporations, in the form of interest-free loans. The federal government also helped Canadians through other now-closed programs. There was an array of government support.

Some people who received CERP benefits were ineligible, overpaid, or found themselves owing taxes through no fault of their own. Likewise, many businesses that received government assistance through the CEBA loan and other programs cannot continue. In spite of their owners’ hard work, many businesses now have numerous debts, including a CEBA loan for a closed business.

If your or your company has a liability from one of the government response programs, including tax obligations or from a different contractual obligation, those liabilities can be discharged through a successful restructuring proposal, consumer proposal or bankruptcy under the BIA.

CEBA loan business closed: Summary

I hope you enjoyed this CEBA loan business closed Brandon Blog post. Are you worried because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option? Call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.. We can get you the relief you need and so deserve.

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

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

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

Call us now for a no-cost consultation.

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

ceba loan business closed
ceba loan business closed
Categories
Brandon Blog Post

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

what does a licensed insolvency trustee do

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting. We hope that you and your family are safe and healthy.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

These include:

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

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

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

What does a licensed insolvency trustee do?: Final thoughts

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

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

Do you have too much debt? Are you in need of financial restructuring? The financial restructuring process is complex. The Ira Smith Team understands how to do a complex restructuring. However, more importantly, we understand the needs of the entrepreneur or the person who has too much personal debt. You are worried because you are facing significant financial challenges.

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

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

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team. That is why we can develop a restructuring process as unique as the financial problems and pain you are facing. If any of this sounds familiar to you and you are serious in finding a solution, contact the Ira Smith Trustee & Receiver Inc. team today.

Call us now for a free consultation.

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

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting. We hope that you and your family are safe and healthy.

what does a licensed insolvency trustee do
what does a licensed insolvency trustee do
Categories
Brandon Blog Post

CANADIAN DEBT RELIEF PROGRAM SCAM REVIEW: MASSIVE HARM CAUSED TO DEBTOR

As the COVID-19 pandemic continues, we hope that you, your family, and your friends are safe, healthy, and secure. Ira Smith Trustee & Receiver Inc. is fully operational, and both Ira and Brandon Smith are readily available for phone or video consultations.

Canadian debt relief program: Before you sign up for debt settlement

A Canadian debt relief program: it may seem like a good idea. Missed payments on your credit cards, loans or other unsecured debt, can lead to collection calls and worsen your situation. Choosing a debt relief program is often the last resort for Canadians to escape the grip of their creditors.

As a solution to consumer debt problems, debt relief companies offer debt settlement programs and debt relief programs. As a debt consultant, you do not need any special education or licensing to operate. Often, their actions are detrimental rather than beneficial.

This Brandon Blog is about a case I recently consulted about that is sad but true. This story is about a Toronto man who decided to use a Canadian debt relief program provided by a debt relief company to settle his debt issues. As a result of using that Canadian debt relief program, he is still unable to pay his bills, and is in a much worse financial situation now than he was before he visited the debt settlement company. To make matters worse, the debt relief consultant then got a licensed insolvency trustee to almost go along with his cockamamy scheme. Unfortunately, the Trustee woke up too late, after all the damage was done.

I will explain it all to you.

Canadian debt relief program: Research the company’s reputation

There should be a law that requires all debt relief services companies to be licensed to do debt relief work in Canada. So if they are not licensed they are not allowed to claim they are licensed. Since a debt relief company does not need to have a special license to provide a debt relief solution, it means there are few regulations set in place to control what they can do and what they can charge their customers. A debt relief program is a program set up to help people get out of debt. Debt relief programs always are not designed to help you pay off all your debt.

Debt relief programs run by debt relief services companies often aren’t designed to help you find a permanent solution to the behaviour that got you into your debt problems in the first place. The problem with a Canadian debt relief program put together by a debt settlement company is that it may very well cause the loss of your money or as is the case in the true story I am about to tell you, the loss of your home.

canadian debt relief program
canadian debt relief program

Canadian debt relief program: Are debt relief programs really worth it?

A for-profit debt settlement company charges fees, just like any other for-profit business. Before any of your money is used to settle your personal debts, you must pay most of their fees upfront. No fees are charged by the non-profit credit counsellor. Reputable credit counselling companies do not require you to pay upfront for any tangible services they offer to help you reduce your various types of debt.

You set up an account with the company, where you make monthly payments from available funds to generate the money necessary to pay their fee and then to make settlement offers. There is no guarantee that working with a private debt settlement company will work. Debt settlement companies cannot guarantee that creditors will agree to settle on the outstanding debts when they contact them.

Your creditors may not be able to reach an agreement with them, so you may have to file a consumer proposal or end up filing bankruptcy. For services that the bankruptcy trustee provides for free, debt settlement companies charge debtors upfront fees. While you are in a Canadian debt relief program offered by one of these companies, you do not have any protection from creditors.

Should debt management programs be pursued? A not-for-profit credit counselling agency can provide this service. The answer is NO if it is a for-profit debt relief company. However, the answer is YES if it is a formal consumer proposal with a licensed insolvency trustee.

Canadian debt relief program: When using a debt settlement company goes terribly wrong – a true story

When things go wrong, they go really wrong and fast. We were contacted by a lawyer representing an undischarged bankrupt. The facts as I understood them to be were:

  1. The debtor went to a debt settlement company to get financial advice and help in resolving his debt problems. The company claimed to specialize in helping Canadians deal with their debt problems through a successful Canadian debt relief program. They said they could get him out of his financial mess and save his house. They told him that they would take care of everything.
  2. He was the only owner of the marital home. A real estate agent gave an opinion letter that stated the home was only worth the total of the registered mortgages.
  3. The debtor lost his job and his wife was making the mortgage payments from her employment income. They advised the couple that the wife could get legal protection by taking the position that each of her mortgage and utility payments was a secured advance to the husband. There was no written agreement between them registered on title and she did not register a mortgage against the home. This advice was obviously very wrong.
  4. The debt settlement company could not create any plans for debt forgiveness acceptable to the creditors. It was mainly credit cards and the debtor needed a successful credit card debt relief plan.
  5. The debt settlement company marched the debtor to a licensed insolvency trustee. We could not determine from the documents provided to us if the Trustee did any verification work or merely filed the assignment in bankruptcy based on the work of the debt settlement company. The sworn statement of affairs had the same value for the home as in the real estate agent’s opinion letter. Net of mortgages, the sworn statement of affairs showed no equity in the matrimonial home.
  6. The same day that the Trustee’s section 170 report was prepared, the Trustee wrote a letter to the debtor. According to the Trustee’s letter, after 1.5 years of bankruptcy there is $200,000 equity in the home, the wife has no existing secured claim to the property and therefore, the Trustee opposes the discharge since the asset has not yet been realized. There were no references in the Trustee’s letter to any previous communications or correspondence with the debtor regarding his equity in the home. Therefore, I do not know if the letter was the first time the Trustee discussed with the bankrupt the need to realize the equity in the home.
  7. In the section 170 report, again, dated the same day as the letter, the Trustee opposed the bankrupt’s discharge due to the home equity issue.
  8. A list of licensed credit counsellors can be found on the website of the Superintendent of Bankruptcy. Upon searching that licensed credit counsellor database, we were unable to locate the name of the debt settlement company employee who assisted the debtor.
  9. The undischarged bankrupt’s wife, or any other family member of his, was not able to raise the necessary funds to purchase the Trustee’s interest in the equity of the home. The undischarged bankrupt has no means from which to attempt to do a consumer proposal or Part III Division I Proposal to do a successful proposal out of bankruptcy.
  10. The debt settlement company’s work directly led to the undischarged bankrupt losing his home as it would have to be sold either by the debtor or the Trustee.

    canadian debt relief program
    canadian debt relief program

Canadian debt relief program: My advice

I did a Teranet search of the matrimonial home. The estimated value of the home according to Teranet showed there was more like $350,000 of equity, not $200,000. There was not a lot that this undischarged bankrupt could do. My advice was:

  1. The debt consultant apparently was doing work that a Trustee must do under the Bankruptcy and Insolvency Act (Canada) (BIA) but is not licensed to do that work. The debtor should consider demanding the fee paid to the debt consultant.
  2. Find out who did the mandatory two credit counselling sessions with the debtor; a licensed credit counsellor under the Trustee’s employ or the debt consultant?
  3. Find out if there is a financial arrangement between the debt consultant and the Trustee. Such arrangements are outlawed by the Superintendent of Bankruptcy.
  4. The debt consultant was very “cute” in trying to fix the value of the home so that there was no equity in the home. What verification work did the Trustee do when accepting the value in the sworn Statement of Affairs and beginning the bankruptcy process?
  5. Unfortunately, the undischarged bankrupt is stuck with this situation. The equity in the home belongs to the Trustee. There really was not anything that I could do to change that.

The lawyer thanked us very much and said that his discharge hearing will be quite the show after she examines the witnesses!

Canadian debt relief program: Options you can trust to help you with your debt

A licensed insolvency trustee would have been a better choice for this debtor rather than this debt relief company. Most people with consumer debt problems fall into one of three categories. Using these three categories, I will show what I would have advised this debtor. It is sufficient to say that the earlier you seek the services of a licensed insolvency trustee and avoid the debt consultants and their unrealistic promises, the more options you will have.

Your finances could be better, and you would like some help.

When you realize that you can do things better and wish to avoid trouble, you fall into this category. You can get proper financial advice from a licensed insolvency trustee at this stage. It is likely that if this debtor had approached me at the first sign of trouble, he could have avoided filing for bankruptcy. Things I might have discussed with him include:

  • How to establish and follow a budget for the family.
  • Does he have an adequate credit rating or credit score to be approved for and get a debt consolidation loan so that this loan would enable him to pay off all his unsecured debt in full and have one affordable monthly payment under a debt consolidation program.
  • Having a non-profit credit counselling service assist him with budgeting, assistance with debt management and if required, arranging a debt relief settlement plan with his unsecured creditors. Creditors understand that sometimes life happens and there are situations where people require support for plans for debt forgiveness when it comes to ‘debt-causing’ scenarios such as critical illness, job loss and the death of a loved one.
  • Making monthly payments to the non-profit credit counselling service so that they can make the necessary payments to creditors, as prescribed in the Canadian debt relief program they set up for him.
  • His job includes referring the debt collectors to the non-profit credit counselling service when he receives their calls.
  • His wife should seek independent legal advice about registering a mortgage against the family home as security for all advances she is about to make to her husband for the mortgage, property tax, utility bills, and any other funds related to the home’s maintenance.
  • Is it possible to use the equity in the home to downsize?
  • How filing a consumer proposal or an assignment in bankruptcy affects his finances and his life, including how it affects the equity in his home.

My advice would have cost him nothing, and he would be in a much better financial position than he is now. Most likely, he would have avoided the need for a consumer proposal or bankruptcy altogether.

Your finances are beginning to get out of control.

He and I would have discussed all of the above, along with independent legal advice for his wife, and the realistic option of having an affordable payment plan with debt reduction, by filing a consumer proposal as a real Canadian debt relief program for debt reduction and allowing him to make one affordable monthly payment on all his outstanding unsecured debts. Consumer proposals are the only Canadian debt relief program approved by and authorized by the Federal government.

You are in serious financial trouble.

If he hadn’t come to see me before he suffered severe financial difficulties, his only realistic option would be bankruptcy. From the very beginning, he would have realized that the equity in his home was at stake and would be lost to the Trustee. It wouldn’t have been a bad shock to the debtor after filing for bankruptcy. He may even have been able to locate a relative who could have purchased the equity in his home from the Trustee prior to filing so that his life would not have been negatively affected.

canadian debt relief program
canadian debt relief program

Canadian debt relief program: Summary

I hope you found this Canadian debt relief program Brandon Blog informative. Although nothing is guaranteed, managing your debt in a way that will allow you to be able to afford it, will lead to your financial success. It will also give you the best shot at having a financially stress-free life.

Are you or your company in financial distress and a debt crisis? Are you embroiled in costly litigation or a crushing debt load and need a time out in order to restructure? Do you not have adequate funds to pay your financial obligations as they come due? Are you worried about what will happen to you? Do you need to search out what your debt relief options and realistic debt relief solutions for your family debt are? Is your company in financial hot water?

Call the Ira Smith Team today. We have decades and generations of experience assisting people looking for life-changing debt solutions through a debt settlement plan and AVOID the bankruptcy process.

As licensed insolvency professionals, we are the only people accredited, acknowledged and supervised by the federal government to provide insolvency advice and to implement approaches to help you remain out of personal bankruptcy while eliminating your debts. A consumer proposal is a Government of Canada-approved debt settlement plan to do that. It is an alternative to bankruptcy. We will help you decide on what is best for you between a consumer 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.

canadian debt relief program
canadian debt relief program

As the COVID-19 pandemic continues, we hope that you, your family, and your friends are safe, healthy, and secure. Ira Smith Trustee & Receiver Inc. is fully operational, and both Ira and Brandon Smith are readily available for phone or video consultations.

Call a Trustee Now!