Tag: financial difficulty

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

Post author By Brandon Smith
Post date September 24, 2023

credit card minimum payment

Credit card minimum payment crisis: Introduction

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

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

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

Overview of the Canadian credit card system

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

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

credit card minimum payment

Definition of credit card minimum payment crisis

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

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

Credit card minimum payment: The alarming statistics

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

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

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

credit card minimum payment

Credit card minimum payment: The impact of high consumer debt

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

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

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

Credit card minimum payment: Factors contributing to high debt levels

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

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

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

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

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

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

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

credit card minimum payment

Credit card minimum payment: Struggles with basic necessities

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

Food

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

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

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

Transportation

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

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

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

Housing

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

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

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

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

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

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

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

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

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

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

credit card minimum payment

Credit card minimum payment: Effective debt management strategies

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

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

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

Credit card minimum payment: The consequences of accumulating debt

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

High-interest payments: Credit cards commonly feature a high annual interest rate, which significantly boosts the expense of carrying an outstanding balance. As the financial obligation accumulates, people find it costing them a lot more in interest charges, making it tougher to pay back the actual amount originally charged. When people try to conserve cash by only making the credit card minimum payment, the total debt keeps ballooning. This makes it so you can never catch up.
Damages to the credit report: When credit card balances continue to rise and be high, it negatively influences people’s credit scores. This is a considerable factor in determining their credit rating. A reduced credit score can make it tough to get new loans or get a beneficial rate of interest in the future.

Financial stress and anxiety: The burden of high credit card balances can trigger significant stress and anxiety. Individuals may constantly worry about their financial obligations and battle to satisfy their monetary obligations, causing a decreased lifestyle that can certainly lead to anxiety, depression and other health problems.

Limited economic flexibility: High bank card balances limit people’s financial flexibility and prevent them from accomplishing their financial objectives. It becomes difficult to save for emergency situations, spend on necessities, or make a significant purchase when a large part of their income goes towards trying to maintain financial debt repayment.

Credit card minimum payment: Conclusion

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

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

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

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

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

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

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

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

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

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

Tags annual interest rate, Canadian credit cards, credit card balance, credit card company, credit card debt, credit card issuers, Credit card minimum payments, credit card payment, credit card statement, credit cards, credit rating, credit report, credit score, financial difficulty, household budget, Ira Smith Trustee, minimum payment requirement, minimum payments

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BANKRUPTCY LAWYER: IS ONE ESSENTIAL TO FILE FOR BANKRUPTCY IN ONTARIO?

Post author By Brandon Smith
Post date August 7, 2023

bankruptcy lawyer

Bankruptcy lawyer: Introduction

Step right into this week’s edition of Brandon’s Blog, where we’re embarking on a profound exploration. Our focus today delves into a crucial theme that carries substantial weight within the psyche of a myriad of Canadian consumers grappling with financial adversity, as well as Canadian business owners navigating their enterprises with too many business debts through fiscal quandaries. The question at the forefront: do the circumstances warrant enlisting the expertise of a bankruptcy lawyer when contemplations of insolvency filings in Canada take center stage?

Venturing through the intricate landscape of insolvency and the realms of personal or corporate bankruptcy has the potential to stir feelings of frustration and helplessness. This sentiment amplifies mainly when the trajectory of your personal or corporate fiscal destiny hangs in a precarious balance, swaying like a delicate pendulum. The gravity of making prudent choices during this trying juncture cannot be overstated. At its core, lies the quintessential need to not only identify the right course but also to discern the adept professional from whose wellspring of wisdom guidance should be sought.

In this Brandon’s Blog, I will outline the scenarios in which consulting with a bankruptcy lawyer is highly advised, but as you will see, it is not essential in every circumstance. Whether you are taking into consideration submitting a restructuring proposal or seeking bankruptcy protection, recognizing who to turn to for specialist assistance for legal and financial advice can substantially affect the result of your financial journey.

I will discuss the intricate details surrounding insolvency as well as bankruptcy law in Canada. By diving into the significance of professional assistance and support, I intend to equip you with the understanding needed to make enlightened decisions during this difficult phase. Join me as we decipher the secrets of insolvency and bankruptcy and empower ourselves to safeguard a better financial future.

Bankruptcy lawyer: Overview of the insolvency and bankruptcy process in Canada

The bankruptcy procedure in Canada is governed by the Bankruptcy and Insolvency Act (BIA). It is a legal statute developed to supply relief to people and companies that are unable to pay their financial obligations. The process always includes the services of a Licensed Insolvency Trustee that is responsible for administering the insolvency process.

The Licensed Insolvency Trustee is first required to assess the debtor’s entire financial situation, including the causes of the insolvency, the current financial position and the nature of the assets and liabilities of the debtor. The Licensed Insolvency Trustee then needs to make recommendations to the debtor to solve their current financial crisis. Once agreed on, what insolvency or bankruptcy process will be implemented, the BIA and the restructuring consumer proposal, Division I proposal or the bankruptcy, is put into operation to offer a fresh start for the debtor while making certain there is fair treatment for the creditors.

A Licensed Insolvency Trustee is the only professional licensed in Canada by the federal government to administer the Canadian insolvency process chosen. In many cases, the process can be carried out without the advice of a bankruptcy lawyer.

bankruptcy lawyer

Bankruptcy lawyer: Formal insolvency options in Canada

Navigating the intricate labyrinth of bankruptcy within Canada unfurls as a legal undertaking of profound significance, extending its benevolent embrace to both individuals and enterprises ensnared within the inescapable clutches of their fiscal commitments. This orchestrated progression finds its regulatory compass in the venerable BIA, its vigilant guardianship entrusted to a duly licensed sentinel of fiscal adversity, recognized as a Trustee.

Commencing this odyssey, the debtor sets forth to formally lodge their supplication for bankruptcy, an entreaty promptly received by the Licensed Insolvency Trustee, who, in turn, undertakes the judicious scrutiny of the debtor’s economic constellations. From this intricate appraisal blooms a stratagem, a masterwork designed to navigate the undulating terrain of debt repayment, fostering equilibrium amid the ranks of creditors.

Through the procession of this intricate ballet, the debtor finds sanctuary from the clamorous onslaught of creditor collections, an ephemeral respite nestled within the folds of the overarching process. This respite, however, is not a sojourn of idle reprieve; it entails the debtor’s obligatory participation in the convocations of credit counsel, a didactic interlude intended to illuminate the labyrinthine corridors of fiscal wisdom.

Once the intricacies of this design garner the seal of approval, the gears of asset liquidation are set into motion, unfurling a cascade of transactions wherein the debtor’s holdings metamorphose into liquid currency, a tribute disseminated among the consortium of creditors who await their apportioned spoils.

The culmination of this voyage heralds the debtor’s liberation from the shackles of residual indebtedness, a phoenix rising from the embers of fiscal duress, reborn into a realm unburdened by the obligations that once ensnared them.

The formal insolvency options in Canada are described below.

Insolvency and debt relief solutions for individuals –

Restructuring by making monthly payments under a consumer proposal for those who owe $250,000 or less (not including any debts secured by and registered against a person’s residence).
Financial restructuring under a Division I proposal, for those who owe more than $250,000.
Personal bankruptcy.

Insolvency and debt relief options for companies –

Financial restructuring under a Division I proposal as an alternative to bankruptcy.
Sale of assets through a receivership enforcement process initiated by a secured creditor.
Restructuring for companies that owe $5 million or more under the Companies’ Creditors Arrangement Act (CCAA).
corporate/business bankruptcies..

How a bankruptcy lawyer can assist you: Importance of seeking legal advice in certain situations

In certain situations, looking for the advice of a Canadian bankruptcy lawyer is of utmost significance. An insolvency or bankruptcy filing is an intricate legal process that needs careful consideration of an individual’s financial scenario. A bankruptcy legal representative can assist with whether corporate or personal bankruptcy, as the case may be, is the best option, the kinds of insolvency processes readily available, and the connected lawful obligations and effects.

Furthermore, individuals can seek assistance from a bankruptcy lawyer to guide them through the legal procedures. It is highly recommended that consumer debtors seek advice from both a licensed insolvency trustee and a bankruptcy lawyer in certain circumstances. Some typical scenarios that warrant additional counsel from a bankruptcy lawyer well-versed in insolvency law include:

They are involved in complex family law proceedings.
There are one or more legal actions against you that allege unlawful behaviour, such as fraud or fraudulent misrepresentation or the conversion of someone else’s property, such as funds held in trust.
The bankrupt’s application for discharge from bankruptcy is being opposed and therefore there will be a court hearing.
Their financial situation is intertwined with other issues where confidential consultation with legal advice is required and that advice must be protected by solicitor-client privilege.
There are special asset considerations where a privileged discussion with a bankruptcy lawyer is essential before seeking advice and assistance from a Licensed Insolvency Trustee.

In corporate insolvency situations, we always recommend that the Directors obtain legal advice from a bankruptcy lawyer in addition to the corporation obtaining legal assistance.

A bankruptcy lawyer can provide customized guidance in such touchy situations as well as representation to guarantee the most effective feasible outcome for their clients.

bankruptcy lawyer

Can I file for bankruptcy without a bankruptcy lawyer in Canada?

While it is possible to declare bankruptcy without a bankruptcy lawyer in Canada, it is recommended to seek legal counsel for complex corporate and personal filings. Hiring a bankruptcy attorney supplies several advantages, including knowledge of insolvency legislation, assistance in more complex proceedings and guidance on unusual issues, specific unique creditor issues or claims and personal liability under any personal guarantees.

In addition, a bankruptcy lawyer can represent you in court proceedings such as with litigants who have obtained approval of the court to continue litigation against the debtor and on a personal bankruptcy discharge hearing. This will guarantee that your legal rights are safeguarded throughout the process. Therefore, in these kinds of consumer and corporate insolvency matters, it is smart to talk to a qualified bankruptcy lawyer to ensure a smoother and much more successful bankruptcy process in Canada.

Determining the necessity of enlisting the services of both a bankruptcy lawyer and a Licensed Insolvency Trustee: Is a bankruptcy lawyer required to initiate bankruptcy proceedings in Canada?

Filing for bankruptcy in Canada can be a complex as well as stressful process, however, as defined above, it is feasible to do it without the help of a bankruptcy lawyer. A bankruptcy lawyer cannot launch the bankruptcy process in Canada. In Canada, bankruptcy, as well as any other insolvency process, is launched and administered by Licensed Insolvency Trustees that are qualified and also supervised by the Office of the Superintendent of Bankruptcy (OSB). So when someone files for bankruptcy, it is done with a trustee in bankruptcy (this is the old name for a Licensed Insolvency Trustee).

Trustees are accountable for overseeing and handling the Canadian bankruptcy and insolvency procedures, including the liquidation of assets and the distribution of proceeds to creditors for unsecured debts. They additionally offer debtors financial counselling, therapy and support on how to handle their financial resources in the future. To end up being a Trustee, people need to satisfy particular educational and professional requirements, consisting of completing specialized training, courses and examinations. Thus, Canadians can trust that their insolvency, as well as personal bankruptcy procedures, are being managed by qualified and also experienced professionals.

Regardless of the guidance and aid regarding your financial affairs from a Licensed Insolvency Trustee before and also after the initiation of a financial restructuring or personal bankruptcy process, a Licensed Insolvency Trustee practically acts on behalf of the unsecured creditors. So, for circumstances like those described above, if any debtor has an extra complicated scenario, is associated with sticky scenarios or is concerned about the director or personal responsibility as a result of a business restructuring or bankruptcy, then the recommendations of a bankruptcy lawyer should be acquired before entering into any insolvency procedure.

bankruptcy lawyer

Bankruptcy lawyer and a Licensed Insolvency Trustee: Determining the necessity of enlisting the services of both a bankruptcy lawyer and a Licensed Insolvency Trustee

There arise certain junctures where the imperative of engaging a proficient bankruptcy lawyer to adroitly navigate the intricate labyrinth of the Canadian bankruptcy process becomes unequivocal. As expounded upon earlier, should your fiscal panorama manifest intricacies reminiscent of a Byzantine tapestry, replete with an entanglement of debts and creditors, the tutelage and expertise proffered by a bankruptcy lawyer morph into an invaluable compass.

The determination of the exigency to enlist the services not only of a bankruptcy lawyer but also of a bankruptcy trustee constitutes a pivotal crossroads for both individuals and enterprises ensnared in the throes of financial quandaries. While a bankruptcy lawyer adroitly dispenses legal counsel and advocates in the corridors of justice, a bankruptcy trustee’s role expands to encompass the labyrinthine realm of debt reorganization, proposal filings, and the art of debt alchemy. Their convergence encapsulates a holistic stratagem in the pursuit of resolving the monetary labyrinth.

Grasping the complexity inherent in bankruptcy law is tantamount, and a seasoned bankruptcy lawyer deftly steers through the legal firmament, charting a course that aligns with the best nexus of legal tenets. Conversely, a Licensed Insolvency Trustee proffers a detached analysis of the financial constellation, endowing clients with an array of options extending beyond the binary realm of bankruptcy and answering any questions about bankruptcy you may have.

At its essence, the verdict to summon forth both the prowess of a bankruptcy lawyer and the sagacity of a Trustee should hinge upon the unique tapestry woven by individual circumstances and the crystalline aspirations of the client. Ultimately, it comes down to the complexity and sensitivity of the person’s or company’s overall situation.

How to find a qualified bankruptcy lawyer or Licensed Insolvency Trustee in Ontario

When confronted with financial troubles in Canada, it’s important to make informed choices. If you’re thinking about bankruptcy, it’s smart to seek guidance from a Licensed Insolvency Trustee. These professionals can assist you through the intricate procedure and also give important understanding.

For those with especially complicated financial circumstances, or who is a corporate director of an insolvency company, it might be essential to employ the help of a seasoned bankruptcy lawyer.

Starting your search for trustworthy professionals can be frustrating. Nonetheless, a calculated strategy can aid. Begin by discovering the Law Society of Ontario’s website, where you’ll discover a comprehensive list of competent legal experts that concentrate on bankruptcy and insolvency.

To locate a bankruptcy trustee near you, explore the computerized database of the OSB. This will certainly give a list of bankruptcy trustees in your locale to seek insight, advice and assistance. For both a bankruptcy lawyer as well as a Trustee, it is essential to engage in a comprehensive conversation with any prospective advisor, delving into their specialist background, navigational technique, and cost structure.

Efficiency is not the only aspect to think about; reliability and also the personal vibe you get from that person to see if you make a connection are likewise essential elements that need to inform your decision. By locating an ally who can give adept support throughout this challenging period, you can navigate this hard juncture with greater ease as well as confidence.

Finally, check out Google and other online reviews. There is nothing better than reviews from people who were in your shoes before and sought assistance from a Licensed Trustee, bankruptcy lawyer or both. Their experience and insight into specific professionals will help you immensely. Things to look for include:

What service did they perform for the person?
Does the reviewer live in your general area?
Did the professional do a good job?
What were some of the reviewer’s favourite things in working with that professional?
Did they work with any specific people in the firm that they highly recommend?
How did the Licensed Insolvency Trustee or bankruptcy lawyer they chose to compare to others they may have consulted with?
Are there any tips the reviewer offers to others?

Bankruptcy lawyer: Conclusion

Looking for legal advice when considering bankruptcy is not needed in every scenario. However, it is necessary when it concerns complicated plans. Hiring a qualified bankruptcy lawyer can provide countless benefits. They have the proficiency as well as knowledge to advise you before embarking on a bankruptcy process and afterwards to assist you with the whole procedure.

When considering filing an assignment in bankruptcy in Canada, it is crucial to comprehend the complexities of the process and also the potential effects. While it may be possible to navigate through it without an insolvency lawyer, talking to one will supply the specialist expertise necessary to guarantee a smooth and efficient process when you have complex or unique issues in your situation.

From evaluating your financial situation to exploring alternatives such as a restructuring proposal, a bankruptcy lawyer can direct you through the legal puzzle and also suggest the most ideal strategy. When it concerns matters as substantial as bankruptcy, seeking expert help is a sensible choice to secure your best interests and also secure a fresh financial start.

I hope you enjoyed this bankruptcy lawyer Brandon’s Blog. Problems with making ends meet are a growing concern in Canada, affecting individuals of all ages and income levels.

Creating a solid financial plan can be the key to unlocking a brighter and more prosperous future. By taking control of your finances, you can prioritize your expenses, set clear financial goals, and build a strong foundation for your dreams to come true. With the right mindset and approach, financial planning can empower you to regain control, eliminate this issue as a source of stress in your life and find peace of mind.

Individuals 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.

The Ira Smith Team understands these financial health 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.

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.

Brandon Blog Post

UNDERSTANDING AND OVERCOMING FINANCIAL STRESS: A COMPREHENSIVE GUIDE TO GET FROM WORRIED TO WELL-PREPARED

Post author By Brandon Smith
Post date June 26, 2023

Financial stress introduction

Financial stress and anxiety are an undeniable reality as well as a major source of anxiety for many people in Canada, as the expenses of a living surge, incomes stay stationary, and financial debt gathers. This scenario can result in anxiousness, nights invested tossing and turning, and also physical health conditions. However, it’s vital to keep in mind that your life doesn’t have to be dictated by economic stress and anxiety. By employing ideal techniques and adopting the ideal attitude, you can seize control of your funds and also alleviate the worry that accompanies them.

Within this Brandon’s Blog, I offer the recent findings of the FP Canada ™ 2023 Financial Stress Index, along with techniques for managing and surmounting financial stress. You’ll run into functional guidelines and also expert support that will certainly encourage you to take back command of your financial resources and obtain tranquillity of mind. Whether you’re coming to grips with cash worries and financial difficulties or endeavouring to enhance your financial stability, this blog will certainly equip you with the tools and knowledge needed for triumph. Allow us to start an expert voyage to dominate economic anxiety and also stride toward a future of monetary safety and security.

Definition of financial stress

Financial stress is the psychological and emotional concern experienced by people or families as a result of their financial situations. It arises from money worries when there is an inconsistency between a person’s funds and their financial obligations or ambitions, giving rise to feelings of nervousness, concern, as well as unpredictability concerning money matters.

The origins of financial stress can be credited to different factors, including considerable levels of financial debt, limited earnings, joblessness or underemployment, unexpected costs, medical bills, not enough financial savings, or the failure to fulfill financial objectives. It can impact individuals from all walks of life, regardless of their income level or socioeconomic status.

Financial stress and illnesses

In February 2022, I wrote the blog “WHAT PERCENTAGE OF ILLNESSES ARE DIRECTLY OR INDIRECTLY CAUSED BY FINANCIAL STRESS? FINANCIAL STRESS IS THE MOST COMMON OF ALL TRIGGERS”. In that Brandon’s Blog, I delved into the significant impact that financial strain and money worries can have on the onset and progression of various health issues, ranging from common tension headaches to more severe conditions such as cancer.

The symptoms of monetary anxiety can materialize in different methods, consisting of:

Consistent worrying about money matters, such as expenses, loans, or future financial stability.
Trouble sleeping or sleeplessness as a result of money issues.
Feeling overloaded or powerless regarding one’s financial scenario.
Strained connections, disputes, or stress with family members or friends because of financial problems.
Avoiding or ignoring financial problems, which can lead to further issues.
Physical symptoms and signs like headaches, tiredness, high blood pressure or stomachaches because of financial stress and anxiety.
Increasing degrees of chronic stress, anxiety, clinical depression, or various other mental health challenges
and other wellness problems.
Difficulty focusing or reduced performance at work due to financial concerns.

The serious impact of financial stress can significantly disrupt an individual’s holistic well-being. It has the potential to influence one’s mental and physical health, interpersonal connections, occupational performance, and the overall essence of life. Moreover, it may initiate a recurring pattern of economic hardships, as anxiety can impair the capacity to make sound decisions and prevent efficient financial strategizing.

To effectively handle the burden of financial stress, it is crucial to devise and execute well-rounded approaches. These approaches could encompass devising a budget for your household, trimming unnecessary expenditures, exploring diverse income sources, seeking advice from financial professionals, and diligently building a financial cushion through consistent savings. Moreover, giving utmost priority to self-care is immensely significant. This may entail reaching out to reliable confidants for support and adopting stress-reducing methods that target the psychological impact of enduring financial difficulties as time goes by.

Without a doubt, the undeniable impact of financial stress affects many people and their families. However, by acknowledging that you are not the only one and actively taking steps to reduce its perilous consequences, one can emerge victorious and steer toward a path of enhanced financial well-being.

The FP Canada™ 2023 Financial Stress Index results

On June 15, 2023, FP Canada™ published its 2023 Financial Stress Index. The purpose is to gain insights into the factors that cause Canadians’ financial stress and how professionals can help Canadians overcome the stress brought on by their financial issues and improve their quality of life through better financial literacy and sound money management principles.

The latest Financial Stress Index findings show that inflation’s impact on the costs of goods and services, and elevated gas and grocery prices specifically, are out of all possible sources of stress, the one that is contributing the most to Canadians’ financial stress. As Canadians struggle to afford groceries, gas and other goods and services, nearly half (48%) have less disposable income compared to a year ago, a substantial increase from 2022 (39%).

Further, Canadians say they are struggling to save money. Saving enough for retirement (35%) and saving for a major purchase (32%) are two areas of growing concern. Younger generations are also more likely to feel the pinch, and Canadians aged 18-34 are the most concerned about saving for major purchases (50%).

Importance of financial wellness

Nowadays, the importance of money administration and financial wellness has never been more pivotal. With the perpetually escalating cost of existence and the unpredictability of the fiscal panorama, it has become crucial that we embrace responsibility for our finances and guarantee our economic steadiness. Financial well-being is a fundamental facet of overall welfare and is the key to a satisfied and pressure-free existence. This requires making knowledgeable and perceptive fiscal judgments, establishing realistic financial aspirations, and devising a budget that is customized to your necessities.

Obtaining and also maintaining a state of financial security includes more than simply generating wealth. It demands a thorough approach to money administration that involves thoroughly inspecting your financial situation, developing a detailed approach, and actively pursuing properly stated goals. This method additionally entails supporting sensible financial practices that cultivate security and lead you on the path toward withstanding and also lasting success over time.

How to Overcome Financial Stress

What is the cause of your financial stress?

In the middle of the current world of rapidity and dynamism, financial stress has gained extensive acknowledgment as a pressing concern affecting many individuals. Whether you are overcome with seemingly insurmountable financial debts, just barely surviving paycheque-to-paycheque, or constantly plagued by anxiety over financial issues, such stress factors cause significant damage to your well-being.

To effectively navigate the complexities of financial stress, it is imperative to embark upon the initial stage of discerning the underlying origins of this stress. It may arise from excessive expenditure exceeding one’s earnings, inadequate income to meet fundamental necessities, uncertainties surrounding employment, insufficient savings, the volatility of markets, or unexpected expenditures.

Establishing a robust financial foundation necessitates undertaking pragmatic endeavours, such as delineating precise financial objectives, formulating a budgetary framework, and fostering constructive monetary practices. Identifying the fundamental catalysts of your financial burdens holds the key to implementing attainable strategies that can pave the way toward a more financially stable future and, ultimately, instill a sense of tranquillity.

Create a budget and stick to it

Managing your finances on a tight budget can prove to be quite a challenge, and it often leads to feelings of stress and strain. Financial stress has the potential to cause a range of negative consequences, including strains in relationships, issues with both physical and mental health issues, and even a decline in productivity at work.

To steer clear of these problems, the best approach is to develop a budget and adhere to it diligently. A budget serves as a financial roadmap, outlining the amount of money you have coming in and the amount you have going out. It’s a powerful tool that aids in the management of your finances, enabling you to prioritize your spending and save for the future.

If you find yourself grappling with financial difficulties, barely making ends meet from one paycheque to another, or simply aspiring to enhance your financial fitness, a financial budget is an invaluable asset. Essentially, a budget acts as a comprehensive blueprint for your finances, mapping out your earnings and expenditures while imposing certain constraints on your spending across different categories.

By establishing a budget, you can gain a clear understanding of your financial situation and identify areas where you can cut back and save money. Adhering to your budget helps you steer clear of overspending and accumulating debt, ultimately relieving financial stress and enhancing your overall financial well-being.

Creating a budget lays the foundation for financial stability and represents a crucial step toward overcoming financial stress. With a budget in place, it becomes easier to devise a plan for repaying debts and setting realistic long-term financial goals. However, bear in mind that crafting a budget is merely the initial stride. Sticking to it demands discipline and regular review to ensure you stay on course. A seasoned financial advisor can offer tailored advice and an effective strategy to help you remain on budget and achieve financial success.

Prioritize debt repayment

Establishing a well-thought-out technique for dealing with financial debt payments can be highly effective in handling and getting over financial stress. It is critical to focus on debts with higher rates of interest first to fully pay them off first. By adopting this technique, the total interest problem is decreased, and the rate of getting rid of financial debt is increased.

Equally substantial is creating a monthly payments strategy that sets regular monthly targets vigilantly and stays with them with resolution. Furthermore, discovering options such as debt consolidation loans, negotiating with creditors, or getting help from an accredited non-profit credit counselling agency in your local community all need to be considered.

Constantly applying these methods empowers individuals to regain control of their financial situation and reduce and ultimately wipe away money stress.

Build an emergency fund

Determining the optimal level for your savings in case of emergencies is extremely important. As previously suggested by Brandon’s Blogs, it is advisable to possess a reserve amounting to three to six months’ worth of your family’s expenses. Precisely calculating your monthly expenditures at home plays a pivotal role in identifying the appropriate sum to allocate for unforeseen circumstances.

Taking the crucial step of opening a separate account that accrues interest solely dedicated to your emergency savings is highly recommended. It is imperative to refrain from withdrawing from this account unless it becomes necessary. By doing so, you enhance your capability to handle any unexpected costs that may arise. It is of utmost significance to perceive this account as a safety net of last resort rather than utilizing it as a regular source of funds.

Incorporating the practice of automatic payments constitutes another effective technique. You have the option to establish regular transfers from your primary account to the interest-earning fund of your emergency savings. This ensures that you consistently contribute to your emergency fund without the requirement of constant monitoring. It is a reliable approach to steadily building up your financial safety net.

Seek professional advice

When it comes to managing and overcoming financial stress, seeking professional financial advice can make all the difference. A trained financial professional can help you assess your financial situation, determine your exact level of financial difficulty, identify areas where you can make improvements, and develop a plan that will help you achieve your goals, achieve good financial health and live a more financially stable life.

Whether you’re dealing with debt, struggling to make ends meet, or simply want to take your finances to the next level, a financial advisor can offer the guidance and support you need to succeed. So don’t hesitate to reach out to a professional if you’re feeling stressed or overwhelmed – they’re there to help.

Financial stress: Common traps to avoid

Payday loans

Payday loans may appear to be a convenient option when faced with unexpected expenses or financial emergencies. However, it’s essential to recognize that these short-term loans often carry exorbitant interest rates and fees, which can trap borrowers in a cycle of debt. Before entering into any agreement, it is crucial to fully understand the terms and conditions associated with payday loans.

In reality, payday loans can have detrimental effects on your financial well-being. Instead, exploring alternative forms of financial assistance, such as low-interest credit cards or personal loans, might be a wiser choice. These options typically offer more favourable terms and can help you manage your financial situation without falling into a debt spiral.

To safeguard your financial health in the long run, it is advisable to establish a budget and build an emergency savings fund. By carefully managing your expenses and setting aside funds for unexpected circumstances, you can reduce the need for relying on payday loans in the future. Creating a financial safety net through savings provides greater stability and flexibility during challenging times.

Remember, the allure of quick cash from payday loans can be enticing, but the potential drawbacks and long-term consequences outweigh the short-term benefits. Prioritizing financial responsibility and exploring alternative avenues for assistance will contribute to your overall financial well-being and help you avoid the pitfalls associated with payday loans.

Credit card debt

Financial stress in Canada is a common issue, with credit card debt being a significant contributor. Many people are drawn to the convenience and rewards offered by credit cards, leading to overspending and a high accumulation of debt with steep interest rates. It is crucial to carefully plan and prioritize payments to avoid falling into the trap of owing money to credit card companies. Understanding the complex terms and conditions surrounding credit cards, such as payment deadlines and interest rates, can help individuals make informed financial decisions.

In addition, seeking guidance from a reputable financial advisor or community-based non-profit credit counselling services can provide valuable support and direction in managing credit card debt. By adopting effective strategies and practicing responsible fiscal habits, anyone has the potential to overcome credit card debt and achieve a state of financial stability and peace of mind.

Impulse spending

Impulse buying can quickly become a major contributor to financial stress. We’ve all experienced the temptation to purchase something we don’t need on a whim, only to regret it later when our finances suffer.

It’s important to recognize the role that emotions can play in our spending habits and to practice mindfulness when making purchasing decisions. By creating a budget, prioritizing our needs over our wants, and taking time to consider our purchases, we can avoid falling victim to impulse buying.

With discipline and self-control, we can regain control of our finances, reduce our stress levels, and achieve our financial goals.

Lack of financial education or financial literacy

One common trap that individuals fall into when it comes to financial stress is the lack of financial education. Many individuals simply do not have the knowledge or skills necessary to effectively manage their finances. An absence of proper financial education can lead to poor decisions when it comes to budgeting, saving, and investing, which can further contribute to financial stress.

It is crucial to seek out resources and education in this area to develop a strong foundation of financial literacy. By arming oneself with knowledge and skills, individuals can strengthen their financial position and alleviate the stress associated with concerns about money management.

Financial stress: The benefits of being financially prepared

Peace of mind

Being financially prepared generates a myriad of benefits, with the most remarkable among them being the extensive feeling of tranquillity that comes with the guarantee of your financial affairs being well-ordered. By taking charge of your financial situation, mastering the art of expense management, as well as having a detailed understanding of your financial objectives and the methods to attain them, you can escape the stress caused by unanticipated expenditures and the perpetual cycle of living from one paycheque to one more.

By using efficient methods and a diverse range of tools, people can create a durable framework for their fiscal future, thus instilling a feeling of steadfast security and fortified safety and security while doing so. Eventually, the reward of the peacefulness of the mind that accompanies financial readiness, enables people to relish life without the perpetual problem of financial worries.

Increased ability to handle emergencies

Being financially prepared means having the ability to handle unexpected emergencies without causing undue stress and anxiety. It’s important to establish an emergency fund as part of your financial plan. This fund should be easily accessible and able to cover at least three to six months of living expenses.

In the event of an emergency such as job loss or a medical issue, having an emergency fund can provide peace of mind and reduce financial stress. By prioritizing financial preparedness, you can feel confident in your ability to handle unexpected expenses and maintain your financial stability.

Improved credit score

You have the power to attain financial stability, and it all begins by constructing an extraordinary credit rating. A remarkable rating unlocks opportunities for loan and credit card approvals, favourable interest rates, and access to outstanding financial products.

Through the cultivation of astute financial practices and the alleviation of monetary burdens, you can propel your credit score to new heights. Keep a vigilant eye on your financial obligations, employ prudent credit card usage, and handle your credit responsibilities with diligence.

The ability to assume command over your financial circumstances resides deep within you. A robust credit score paves the path toward a brilliant and prosperous future. Place your trust in your capabilities, and take decisive action to accomplish financial triumph. The possibilities before you are limitless.

Financial stress: Conclusion

I hope you enjoyed this financial stress Brandon’s Blog. Financial stress is a growing concern in Canada, affecting individuals of all ages and income levels.

Creating a solid financial plan can be the key to unlocking a brighter and more successful future. By taking control of your finances, you can prioritize your expenses, set clear financial goals, and build a strong foundation for your dreams to come true. With the right mindset and approach, financial planning can empower you to regain control, eliminate this issue as a source of stress in your life and find peace of mind.

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.

Tags concerns about money, credit card debt, emergency fund, financial challenges, financial difficulty, financial issues, financial literacy, financial security, financial stress, financial worries, Ira Smith Trustee, mental health issues, money management, money stress, money worries

Brandon Blog Post

CANADIAN INCOME TAX ACT S. 160: BAD MOVES LEAD TO HUGE TAX DEBT

Post author By Brandon Smith
Post date November 7, 2022

canadian income tax act

Canadian Income Tax Act: Section 160 transfer of property

The Canadian Income Tax Act allows Canada Revenue Agency (CRA) to have a variety of methods for collecting debts from businesses. One option is to assess anyone who received money from the tax debtor business without proper consideration. This applies both if the business was a tax debtor when the money was paid out and if the business becomes a tax debtor after the payment is made.

Section 160 of the Canadian Income Tax Act is designed to let the CRA pursue people or companies who receive transfers of property when the person or company transferring the property owed, or could owe, amounts payable to the CRA and hasn’t paid them. The rule creates an income-tax debt for the person who got the transfer of property, without them having given adequate consideration for it.

For example, if an entrepreneur who is the major or sole shareholder of a company conducting business gave themselves a generous bonus in 2022, they may see that bonus clawed away by the CRA if the business is assessed as owing taxes for the 2022 taxation year or for a prior tax year. The potential tax liability could be sizable, so it’s important to be aware of this possibility.

This is what this Brandon’s Blog is about. We explain how section 160 of the Canadian Income Tax Act works and then describe a recent decision from the Federal Court in Murphy v. The King, 2022 TCC 111 (CanLII).

What’s section 160 of the income tax act?

The goal of the current legislation of Section 160 of the Canadian Income Tax Act is to stop taxpayers from avoiding paying taxes by transferring property to someone who is a non-arm’s length transferee. CRA is of the view that rather than transferring the asset, the taxpayer should sell the asset to pay off their income tax debt. A transfer deprives the CRA of the ability to collect taxes by seizing the asset.

Section 160 becomes effective when:

a person (or company) has transferred property, directly or indirectly, through a trust or any other means, to their spouse or common-law partner, or to a party they are not dealing with at arm’s length; and
the party making the transfer owes income tax or is assessed at a later date to owe income tax for the taxation year or prior to the transfer taking place.

Section 160 of the Canadian Income Tax Actis designed to cover a wide range of transactions involving a party related to the tax debtor. This includes many types of transactions, such as:

A direct transfer to a related party, such as an outright gift to a spouse or child, or a dividend from a corporation to a shareholder.
An indirect transfer of property to a related party may occur when the property is first transferred to an arm’s-length party and then the same property is transferred to a non-arm’s length party.
A transfer of property to a trust where the beneficiaries of the trust are non-arm’s length parties.
A transfer to a related party by any other means whatever, just in case the above wording missed a specific transfer.
canadian income tax act

What is the third-party tax liability under Section 160 for the transferee?

If section 160 of the Canadian Income Tax Act applies, both the person making the transfer and the person receiving the property become jointly and severally liable for the original tax debtor transferor’s income tax debt. So, the original tax debtor remains liable for the tax debt, but the recipient now becomes independently liable as well. The CRA can now go after both the original tax debtor and the recipient for the same income-tax debt. The claim by CRA against transferees are known as derivative assessments.

The recipient’s tax liability under section 160 cannot be greater than the fair market value of the transferred property. If any amount was paid or another consideration given in return for the property reduces the amount the recipient owes CRA on account of the original tax debtor transferor’s tax liability.

As stated in section 160 of the Canadian Income Tax Act, when the original taxpayer who transferred the property makes a payment to CRA, it will discharge the liability to the extent of the payment.

It also states that when the taxpayer who received the property makes a payment, their liability is reduced by that amount. This also lowers the amount the taxpayer owes. To get rid of the recipient’s liability completely, the taxpayer receiving the property needs to pay an amount that equals or is greater than the fair market value of the property they received.

Is it possible to dispute a Canadian Income Tax Act Section 160 CRA Assessment?

You could fight CRA’s notice of assessment and collection action first by filing a notice of objection. If that proves unsuccessful, you could take it to court, but you’re not likely to win. In the next section, I describe a recent Tax Court decision where the taxpayer fought it in court – and lost. The taxpayer then appealed the lower court decision and the appellate court refused to hear the appeal. So I’m a licensed insolvency trustee, not a tax accountant or tax legal professional, but here’s my understanding of section 160.

Section 160 of the Canadian Income Tax Act is pretty harsh. There’s no due-diligence defence, it applies even if the transfer wasn’t motivated by tax avoidance transactions, and it catches transferees who don’t even realize that they’re receiving property from a tax debtor with an outstanding tax debt.

Section 160 of the Canadian Income Tax Act doesn’t have a time limit or limitation period, so the CRA could come after you years after the supposed transfer. And even if the original tax debtor is later discharged from bankruptcy and doesn’t owe the tax debt anymore, the person who got the property would still be on the hook.

As an aside, I wonder if the transferee could get out of their liability if the taxpayer fully completed a successful proposal – like a consumer proposal or Division I. But this is just a thought, not related to this Brandon’s Blog post.

Further, the unpaid tax debt liability under section 160 can be passed on – just like the common cold or COVID! After being assessed for a tax obligation under s.160, you can spread out the suffering if you then transfer property to yet one more taxpayers who are non-arm’s length persons to you. The CRA may come after you for the tax bill, and now someone else!

The only defences I am aware of available to the transferee against this are to prove that:

the transferor didn’t owe anything to CRA at the time of transfer;
that the recipient gave fair market value for the property in return; or
the property’s fair market value is zero (this will presumably be impossible because if it was really worthless, the transfer was unnecessary).
canadian income tax act

Murphy v. The King, 2022: The court upheld the third-party income tax liability under section 160 of the Canadian Income Tax Act

This case is all about an appeal to the Federal Court of Appeal of a 2018 decision of the lower court, upholding the notice of assessment issued by the Minister of National Revenue (the “Minister”) dated June 7, 2017, pursuant to section 160 of the Canadian Income Tax Act in respect of dividends paid by 591985 British Columbia Ltd. (the “Corporation”), in December 2015 to Mr. Murphy, the Appellant. Coincidentally, Mr. Murphy is a licensed insolvency trustee.

At that time, the Appellant was the only director and the controlling shareholder of the Corporation. The Corporation had a tax liability which, on June 7, 2017, was $109,460.96. This amount represented the total federal and provincial taxes owing, plus penalties and interest.

The question that needed to be answered is whether the Appellant is jointly and severally liable for the $109,460.96 the Corporation owes under section 160 of the Canadian Income Tax Act.

Although the lower court went through a purposive analysis and is detailed, the lower court’s decision was ultimately based on one key issue. This issue is important not only for cases involving the transfer of property or for taxpayers experiencing financial difficulty and having an unpaid tax debt, but also for all entrepreneurs.

It’s not uncommon for entrepreneurs to bonus themselves through dividends instead of salaries. In this case, Mr. Murphy argued that the fair market value of the services he provided to the Corporation was equal to or greater than the amount transferred. He argued that, since he gave market value consideration for the property in question, he should not have any liability under subsection 160(3) of the Canadian Income Tax Act.

The Tax Court and the Federal Court of Appeal was not buying this argument. The Judge referred to the fact that Canadian courts follow a Supreme Court of Canada decision in support of the fact that market value consideration has nothing to do with it when considering this liability provision in the context of the transferred property being dividends.

The Supreme Court of Canada’s decision held that a dividend is related to shareholding and not to any other consideration the shareholder might have provided. The fact that the Appellant declared the dividends on his personal income tax return and paid taxes on them does not impact the fact that dividends are not paying for services. Therefore, the lower court decision finding joint liability was upheld.

This is an important point for all entrepreneurs, whether facing a liability assessment under section 160 or not. Dividends are related to shareholding and not to any other consideration the shareholder might have provided, according to the Supreme Court of Canada’s decision. This means that shareholders are only entitled to the dividend if they continue to hold their shares. If they sell their shares, they are not entitled to the dividend.

Perhaps if Mr. Murphy had received a salary from the Corporation in return for the services provided, then all he would have to prove is that the services provided had a value equal to or greater than the underlying tax debt of the Corporation. Perhaps the lower court or the Federal Court of Appeal would have ruled differently. But that is not what he did, so, no sense speculating further on such legal questions.

The Canadian Income Tax Act and your income-tax debt to CRA

I hope you found this Canadian Income Tax Act Brandon’s Blog informative. Is CRA taking collection action against your or your company, including seizing bank accounts?

If you’re an entrepreneur, it’s not uncommon to use unremitted employee source deductions and unremitted HST to finance the businesses of corporate taxpayers during tough economic times. However, falling behind on your CRA payments can create large tax debt that can be difficult to recover from. Although unpaid income tax is not a Director’s liability, unremitted source deductions and GST/HST become a personal liability for tax of the Directors of the company. It is generally too late to protect yourself or try to restructure your financial affairs, once CRA is hounding you with the collection remedies available to them.

As people’s take-home pay fails to keep pace with inflation and mounting financial debt, many people are having a hard time keeping their heads above water. This is also a crucial concern dealing with entrepreneurs and their businesses, as profits, as well as cash flow, are challenged and perhaps even evaporating. In these troubled economic times, it is necessary to be knowledgeable about these concerns as well as take action to shield yourself and your company.

Are you now worried about just how you or your business are going to survive? Are your creditors taking collection efforts and you cannot afford to pay your or your company’s debts? Those concerns are obviously on your mind. Coming out of the pandemic, we are now worried about its economic effects of inflation and a potential recession.

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 while explaining our recommendations.

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. Whatever process we recommend for you, we will do so in order to minimize any cons you may experience.

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

Brandon Blog Post

ENTREPRENEURIAL CANADIAN BUSINESS BANKRUPTCIES: THE TIP OF A HUGE ICEBERG?

Post author By Brandon Smith
Post date August 22, 2022

business bankruptcies

Insolvency for business including business bankruptcies

In the last two Brandon’s Blogs, I wrote about personal bankruptcy. The topic was the class of debts not released by a person’s discharge from personal bankruptcy. In this Brandon’s Blog, I discuss insolvency for business, and specifically, business bankruptcies, as a result of the recent report by the Canadian Federation of Independent Business (CFIB).

If a business is incapable to pay its financial obligations as they come due, it might deal with some negative effects, including legal action. However, this does not have to damage a business’s credibility forever, if management is prepared to take the required corrective activity before it is far too late.

If a business that is unable to pay its debts cannot turn itself around, it may be forced to declare business bankruptcies, which can have a devastating impact on the business and its employees.

What will happen to the company if it is insolvent?

If your company is financially troubled, it may need to assign itself into bankruptcy. Nonetheless, business bankruptcies are not always the automatic result of being insolvent. If your business is experiencing financial problems, it is essential to speak to a bankruptcy lawyer or a licensed insolvency trustee to review all of your realistic choices. Bankruptcy should be the last choice when nothing else will work.

Case in point, the recent report issued by the CFIB on small business insolvency says that its survey finds that only 10% of business owners would certainly declare bankruptcy if they were to shut down completely.

The CFIB report is meant to give a more comprehensive view of Canadian business insolvencies (bankruptcies + proposals). The data indicates that the number of businesses filing for bankruptcy has been on the rise and is now at the highest level of business insolvencies in two years.

As we recover from the COVID-19 pandemic, Canadian small businesses face a number of challenges in returning to normal operations, including debt from necessary pivots, increased costs of doing business and trouble finding employees to work.

The CFIB study found that half of the businesses (54%) are still seeing below-normal revenues, and over 60% are carrying unpaid debt from the pandemic. Small businesses are under significant financial pressure, with little room to maneuver.

Insolvency fears among Canadian small businesses are alarmingly high, and the true scope of the problem may be even greater than what is reflected in official statistics. Business owners have a range of options available to them when faced with financial difficulties, and bankruptcy is only one of these.

The CFIB recently released report details the different ways the surveyed small businesses in Canada said they would take if they had to shut down as follows:

46% – Just ceasing all operations permanently.
27% – Selling or transferring ownership to another party.
10% – Filing for business bankruptcies or business bankruptcy protection.
10% – Unsure at this time.
7% – Exploring all options.

Interestingly enough, recapitalizing the legal entity or taking on more business debt by way of loans was not one of the answers. That should tell you how tapped-out Canadian small business shareholders are and that the businesses have no borrowing base room left on their assets to increase their bank borrowings.

business bankruptcies

Business bankruptcies: The insolvency of a business – First steps

The first step for the Directors is to consult with a business bankruptcy attorney/lawyer and a licensed insolvency trustee (formerly called a bankruptcy trustee) (sometimes referred to as “Trustee”). The lawyer can confidentially discuss the situation with the Directors and develop a proposed plan to deal with the situation.

The licensed insolvency trustee will review the company’s financial position and proposed game plan, and consider all options available to the company and its Directors. In Canada, the only party licensed to run the administration of bankruptcy, or any formal insolvency process, is a licensed insolvency trustee.

The licensed insolvency trustee will want to understand fully the company’s assets and liabilities. With a clear understanding of the company’s financial status, the Trustee can explain how best to implement the plan to either restructure or liquidate the company. If necessary, the Trustee can tweak the game plan.

The next question is whether the business is viable. Does it produce goods or services that are still in demand in the marketplace? If not, one option to consider is selling the business to another company that has complementary lines of business. Would the business fit in neatly with the buyer’s existing operations?

Could it perhaps be integrated in some way that would make your standalone business, which is not currently viable, become viable? Keep in mind for this to be an option, the company would need to have a solvent business.

If you can’t sell your unprofitable but still solvent company, you could always explore the option of a statutory liquidation. This would involve liquidating all the company assets, paying off any outstanding liabilities, and then distributing the remaining amount to shareholders.

Companies under business bankruptcy protection

If your business is struggling financially but still has potential, you may be able to restructure it through business bankruptcy protection. In Canada, there are two main possible federal statutes to restructure under; (i) the Bankruptcy and Insolvency Act (Canada); and (ii) the Companies’ Creditors Arrangement Act. One of these restructuring legal proceedings is an alternative to business bankruptcies.

A proposal under the Bankruptcy and Insolvency Act (Canada) (“BIA”)

The BIA is the canadian bankruptcy legislation containing all the rules and regulations in Canada’s bankruptcy regime. However, it also includes bankruptcy options such as a Division I Proposal for debtors who owe more than $250,000. This kind of financial restructuring allows the company to remain in business while it restructures. The essence of a BIA Proposal restructuring is that the company is offering a contract to its unsecured creditors to pay less than the total it owes those unsecured creditors in return for eliminating all of its unsecured debt.

To ensure that the company can successfully implement a proposal and pay its post-filing debts, the licensed insolvency trustee will need to be satisfied that all relevant information has been obtained and that the company has a good chance of success. The company’s cash flow will need to be monitored to ensure that it is sufficient to run the business and pay for the goods and services it needs going forward.

The Trustee will send all known creditors a copy of the proposal, a portion of the company’s statement of affairs listing the company’s assets and liabilities, a list of creditors, a proof of claim form, a voting letter and the Trustee’s report providing additional information and the Trustee’s recommendation.

The meeting of creditors is then held and if the proposal is accepted by the required majority of unsecured creditors, the licensed insolvency trustee takes the proposal documentation to Court for approval. If the proposal is accepted by creditors and approved by the court, the company is now bound by the proposal.

If the companies successfully complete their financial restructuring proposal, they will avoid business bankruptcies. However, if the company fails to get creditor or court approval, or fails to successfully complete the proposal, it will automatically go into bankruptcy under the BIA.

Financial restructuring under a Companies’ Creditors Arrangement Act (“CCAA”) plan of arrangement

Restructuring through a CCAA plan of arrangement is a financial restructuring process that provides companies with a way to restructure their debts and other obligations. This process can help companies to avoid the business bankruptcy process and to continue operating while they repay their creditors. It is very similar to a BIA proposal. The main difference is that it is only for companies with debts of $5 million or more, it is much more court-time intensive and there is no automatic business bankruptcy provision. In a CCAA, the licensed insolvency trustee acts as a monitor under the CCAA to administer the restructuring process.

When you hear when a company files for protection, or bankruptcy protection, in Canada it is usually under the CCAA. In the United States, it is under Chapter 11 of the US Bankruptcy Code.

business bankruptcies

Licensed insolvency trustees say if companies are insolvent and not viable the best option may be business bankruptcies

We still want to know if the business is viable when it is insolvent. If it is viable, then we could look at doing a restructuring as outlined above. After the company is restructured, we could either keep running it or look to sell it. If there are impediments to a successful restructuring, the approach we take even through business bankruptcies will be different than if it is not a viable business model any longer.

If the business is not viable and insolvent, then there is not much that can be done. The business is financially unhealthy and the marketplace no longer wants the product or service this business provides. Therefore, we are looking at bankruptcy if there is not a secured creditor who is going to enforce their security through a receivership. Receivership is a whole topic unto itself which is for a different day.

As a licensed insolvency trustee, I am responsible for understanding all the issues in business bankruptcies and preparing the necessary documentation for limited companies to assign themselves to business bankruptcies. A meeting of directors must be called for them to resolve that the company should put its business into bankruptcy and appoint one of the directors to be the designated officer.

The officer designated by the board should be the director with the most intimate knowledge of the company’s affairs. This officer will sign the bankruptcy documentation and be the company’s representative at the first meeting of creditors.

The Trustee attends the director’s meeting and prepares the meeting minutes, or the minutes will be prepared by the directors and provided to the Trustee. Then, the licensed insolvency trustee prepares the bankruptcy documents which include the statement of affairs, which is the listing of assets and liabilities, names addresses and amounts owing to each creditor. The designated officer then attests to the truthfulness of the information and signs it all.

The companies are insolvent and have to go into business bankruptcies

The Trustee files the necessary documentation with the Superintendent of Bankruptcy, who issues a certificate of bankruptcy and appoints the Trustee. That’s when a company is officially entered into the bankruptcy process and the bankruptcy proceedings begin. This is the process of a company filing an assignment into bankruptcy.

So in a commercial bankruptcy administration, the Trustee has several responsibilities. The Trustee has to deal with the assets. The Trustee has to first determine are the assets subject to the security of a lender. Is that lender’s security good and valid?

What happens when the certificate is issued for business bankruptcies?

If every one of the assets is covered by a lender’s valid security which makes the security cover the assets in priority to the rights of a Trustee, then the bankruptcy trustee would not take steps to handle the company’s secured assets unless the secured lender particularly requests the Trustee to do so separately either as Receiver or Agent of the secured lender.

So let’s simply take the case where in bankrupting the company, the Trustee is handling the assets either due to the fact that they’re not secured or because the secured financial institution wants the Trustee to handle the secured assets within the bankruptcy (which is not normal, but not unheard of either).

The Trustee needs to make certain that the corporate assets are safeguarded, that they’re appropriately insured and that the Trustee has carried out an inventory of those assets.

The Trustee then needs to figure out how is it going to offer those business assets for sale. The Trustee must do a risk-reward analysis to see if it makes good sense for the Trustee to run the business. If so, is the Trustee looking for a sale of assets as a going-concern business sale or just shut down the business and liquidate the assets once the reasons for running the business have been met?

If it doesn’t make sense for the Trustee to run the business, the Trustee will close it down and take a look at the alternatives available. The assets can be sold by public auction, private sale or by tender sale separating the assets up into blocs. If the assets are such that they would attract a retail audience where consumers would pay more than if it was sold in lots to wholesalers, then a retail sale would be the way to go. The nature of the assets will identify what sort of sale of assets the Trustee runs.

Business bankruptcies: How will I know what’s going on?

The Trustee alerts all of the company’s creditors listed in the sworn statement of affairs of the bankruptcy in a mailing. The Trustee includes a proof of claim form so that all creditors can file their claim. The Trustee examines the claims and holds the first meeting of creditors.

After the first meeting, a meeting of inspectors is held. Inspectors are creditor representatives who assist the Trustee in providing approval for the Trustee’s recommendations and actions it wishes to take. This includes any approval of asset sales the Trustee recommends after making an informed decision. Inspectors also need to approve the Trustee’s Final Statement of Receipts and Disbursements near the end of the administration of all business bankruptcies.

Finding a Licensed Insolvency Trustee

I hope you enjoyed this Brandon’s Blog on business bankruptcies. Are you or your company in need of financial restructuring? Are you or your company unable to survive the COVID pandemic and its aftermath? 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. We know that we can help you the way we take the load off of your shoulders and devise a debt settlement plan.

We realize that people and businesses in financial difficulty need practical advice and a workable solution in an easy-to-understand financial plan. 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 initial consultation.

If you would like our free e-Book, “Closing A Business Without Going Bankrupt” CLICK THE PICTURE BELOW

Brandon Blog Post

CANADIAN DEBTORS ASSOCIATION URGES ESSENTIAL CHANGES TO BANKRUPTCY AND INSOLVENCY ACT

Post author By Brandon Smith
Post date February 14, 2022

As the COVID-19 pandemic continues,ce 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.

The Canadian Debtors Association was formed to fix this problem

Many people have faced a difficult time in their life and experienced many problems as a result. We all know that the human spirit can be tested, and it can be tested hard, whether they have lost their jobs, suffered serious injuries, or just needed to trim their spending. Financial hardships can lead to feelings of hopelessness, depression, and anxiety.

A national non-profit organization serving Canadians with debt problems is the Canadian Debtors Association. It was established a few years ago. They advocate exclusively on behalf of debtors who face economic hardship and insurmountable debt. Their belief is that debtors need someone they can call their own, someone who is willing to help them resolve their debt problems and support them unconditionally. A future where Debtors have the support of their own advocates is seen by the Canadian Debtors Association, which has created a Debtor Bill of Rights as a framework for the protocols that Debtors should be entitled to.

In this Brandon Blog, I describe the problem that the Canadian Debtors Association has identified and their preferred method of fixing it. I also provide my comments on their plan.

Canadian Debtors Association motto: Join us as we build a better Debtor experience

The mission of the Canadian Debtors Association is to reduce the number of financially vulnerable Canadians facing a financial crisis and overwhelming debt loads. This is a very good thing. Canadian Debtors Association has identified a real problem in credit reporting. That problem is that the Canadian credit reporting agencies do not really differentiate on someone’s credit report between them completing a successful consumer proposal or Division I Proposal and avoiding bankruptcy, and those who file an assignment in bankruptcy. It is true that those who avoid bankruptcy should be able to clear their record than someone who went into bankruptcy.

Thousands of Canadians file for bankruptcy or submit a consumer proposal to manage their debts every year. Over one million Canadians used the insolvency system from 2012 to July 2021. Regarding the accurate recording and reporting of bankruptcy and consumer proposal information on consumer credit reports, there are no specific references, standards, accountability, or provisions for insolvency reporting through Canadian credit bureaus.

Ms. Henrietta Ross, President, and CEO of the Canadian Debtors Association released through the CNW Group a statement asking all stakeholders in the credit, debt, and insolvency industries to work together on modernizing Canada’s Bankruptcy and Insolvency Act (BIA) in order to assist Canadians facing financial hardship.

canadian debtors association

Canadian Debtors Association agrees that everyone deserves a fresh start

The insolvency law and policy in Canada are based on the principle of providing a “fresh start” for people who are drowning in insurmountable debt and who suffer a financial breakdown. Legislators, stakeholder groups, academics, and insolvency experts all accept this principle. Debtors seek relief from existing debt in order to regain control of their finances.

The BIA intends to implement a fresh start, but debtors experience problems because, after undergoing a BIA debt relief solution, they encounter problems from the debt industry due to inaccurate insolvency-reporting information on their credit reports. By sabotaging the fresh start Canadians deserve and expect, inaccurate reporting undermines the very fundamental tenets of the Bankruptcy and Insolvency Act. The Canadian Debtors Association proposes that this dilemma can be resolved by amending federal legislation that stipulates the appropriate representation of insolvency-related information on consumer credit reports.

The use of consumer credit has had explosive growth over the past several years, so the utilization of credit reports and personal credit histories has also seen a massive expansion. Canadians’ daily lives are impacted by these monumental changes in the number and use of credit reports.

The responsibility for this information’s integrity and accuracy is not explicit. There is no regulated authority in credit reporting under the BIA. The Office of the Superintendent of Bankruptcy (OSB) oversees the administration of the insolvency system, including maintaining public records and statistics; however, the OSB does not specify how BIA debt relief options of bankruptcy and consumer proposals should be described or interpreted on credit reports. It simply is not their job!

Canadian Debtors Association explain this problem

A person who finds themselves facing economic hardship and in financial difficulty is allowed to use a BIA-subscribed debt relief solution to eliminate their debts through the fresh start process. When filing either for bankruptcy or a proposal is entitled to a stay of proceedings, which prevents creditors from initiating or continuing legal action against the debtor.

Providing inaccurate and misleading information for credit reports, sometimes through simple mistakes and sometimes because there are no differentiation codes for credit reports. So creditors doing a credit search may mistakenly believe that some debts remain delinquent and unaddressed. This undermines the legal stay. The Canadian Debtors Association feels this causes debtors who are otherwise discharged from their past debts, to continue to suffer within the Canadian credit system which is therefore not a total “fresh start”.

Canadians can also suffer the consequences of inaccurate insolvency information on their credit reports. The misapplication of delinquency ratings, the incorrect labeling of bankruptcy, and the mingling of insolvency terms constitute layers of misinformation that are misleading. Often, even third-party companies that obtain credit reports from a major credit bureau, such as TransUnion, erroneously list “bankruptcy” on reports of debtors who never declared bankruptcy.

The consumer is hurt badly and unnecessary suffering is caused, such as the loss of employment opportunities, refusal of a lease from a landlord, increase in costs Rejection of employment opportunities, refusal of a lease from a landlord, increase in costs services such as attempts by debtors to correct their credit reports are in vain. This unintended negative impact is not the debtor experience envisioned by the BIA. Such negative impact does not lead to a better quality of life for those relieved of their financial burden.

canadian debtors association

Canadian Debtors Association urges changes to Bankruptcy and Insolvency Act

Consumer credit reports wield enormous power, with significant implications for an individual’s livelihood and well-being, so accuracy is extremely important. It is also imperative to have accurate information since a bankruptcy or consumer proposal is a closely scrutinized part of a consumer’s credit history.

To solve this problem and the negative impact on Canadians otherwise freed from their past financial hardship, the Canadian Debtors Association says that the BIA must be updated to help Canadians have correct representation in credit reports. The BIA is the key piece of Canada’s debtor and creditor balanced legislative framework. It is the only personal insolvency legislation in Canada that provides a fresh start for those in debt. We must ensure its continued effectiveness by making it easier to use and by modernizing it to reflect current credit reporting realities.

Canadian Debtors Association has identified a real problem but the wrong solution IMO

Most provinces in Canada have enacted laws that outline the practices that credit reporting agencies and users of consumer credit information must follow in order to protect consumers’ rights. Federal regulations do not govern credit reporting agencies but provincial laws do. Canada’s insolvency legislation and the Canadian insolvency system are under the control of the federal government. So in my opinion, it would be unwise to try to fix a problem that falls under provincial jurisdiction with federal law.

Second, it is very difficult to pass a Member’s Bill to amend federal legislation through the House of Commons and the Senate. There is always a focus on matters of extreme federal importance or those that will win votes, rightly or wrongly. My view is that people having their insolvency process mislabeled, and therefore taking longer than they should to regain and take on additional credit, does not fit into the category of national significance or vote-getting.

Canadian Debtors Association states they are debtor industry advocate professionals and have honed their skills of debtor advocate work. They should take a more direct approach, in my opinion. Talk to the Canadian credit bureaus directly. In Canada, there are only two credit reporting agencies – Equifax Canada and TransUnion Canada.

Team up with insolvency industry players, such as the national association representing licensed insolvency trustees in Canada, the Canadian Association of Insolvency and Restructuring Professionals. Together, they can advocate directly on behalf of debtors with the credit reporting agencies to make that aspect of consumer credit reports more accurate and meaningful. If their advocacy is not heard, then lobby the provincial governments to enact further legislation, as it is their responsibility to do so.

That would seem a much better solution.

canadian debtors association

Canadian Debtors Association summary

The Canadian Debtors Association is calling on the federal government to modernize the BIA to better serve Canadians in financial difficulty. However, their only issue is that provincially supervised credit reporting agencies are not differentiating between successfully completed proposals and bankruptcy. Above I have suggested what I believe is a much easier route for them to go in their advocacy to accomplish the same thing.

I hope you found this Canadian Debtors Association Brandon Blog informative. Although nothing is guaranteed, managing your debt in a way that will allow you or your company 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 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.

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.

Tags advocates for debtors, canadian debtors, canadian debtors association, credit counsellors, credit reports, debt review, debtor experience, Equifax Canada, financial difficulty, henrietta ross, insolvency industries, Ira Smith Trustee, licensed insolvency trustee, simple mistakes, transunion canada

Brandon Blog Post

THE CANADIAN BANKRUPTCY AND INSOLVENCY ACT EASY BEGINNER’S GUIDE

Post author By Brandon Smith
Post date September 23, 2021

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

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

What is in the Canadian Bankruptcy and Insolvency Act?

Canada’s bankruptcy and insolvency laws are governed by two major pieces of federal legislation: the Canadian Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act. Additionally, provincial legislation intersects with the Canadian Bankruptcy and Insolvency Act. During bankruptcy, a debtor can keep certain types of property based on provincial legislation. Details may differ amongst each Canadian province. Provincial governments and territories have their own laws regarding property exemptions, court orders, and debt collection.

The Canadian Bankruptcy and Insolvency Act (often referred to as the “BIA” or the “Bankruptcy Act“) is a federal government statute that sets out the rules and procedures governing insolvency proceedings in Canada. These rules and procedures will apply to all corporations, individuals and partnerships that are parties to an insolvency filing. The whole point of bankruptcy legislation is to allow the honest but unfortunate debtor to shed themselves of their debts and to allow for the sale of assets or reorganization and refinancing of insolvent persons so that there is also fairness for the different claims of creditors.

Under the Companies’ Creditors Arrangement Act (CCAA), financially troubled corporations are given the opportunity to restructure their affairs in order to avoid bankruptcy. A corporation must have debts of at least $5 million to qualify for the CCAA.

The Canadian insolvency landscape is a complex one, with many different insolvency proceedings being used to deal with many different types of debtors. In this Brandon Blog, I provide an easy beginner’s guide of the Canadian Bankruptcy and Insolvency Act, as a primer into Canadian insolvency legislation and the administration of estates.

This Brandon Blog is not about the nuts and bolts of filing for bankruptcy. Other blogs I have written cover that topic and more. You can use the search function above to search for those Brandon Blog topics.

What is the purpose of the Canadian Bankruptcy & Insolvency Act?

Everyone knows you should do your best to stay out of too much debt, but for many people, it’s an impossible feat. When you’re over your head in debt, you’re having to keep up just to pay the interest on your debt. When you are spending more than you are making, you can’t pay your bills on time, or your assets when liquidated are worth less than your total liabilities, you are insolvent. Insolvency is the main test to see if you, or insolvent companies, qualify to start a bankruptcy process or a formal restructuring process, either under the Canadian Bankruptcy and Insolvency Act or the CCAA.

The Bankruptcy Act was designed to help Canadians who find themselves in financial difficulty. It is the main piece of Canadian insolvency legislation that governs bankruptcy proceedings, receivership and personal and corporate restructuring proceedings through consumer proposals and commercial proposals. Commercial proposals are also available for those people with consumer debt levels greater than the amount allowed to qualify for a consumer proposal. All Canadian bankruptcies, proposals and receiverships are governed by the Act. It contains bankruptcy laws, rules and guidelines for all stakeholders: the Superintendent of Bankruptcy (which is part of Industry Canada) the Licensed Insolvency Trustee, the debtor, and the creditors.

What options are available under the Canadian Bankruptcy and Insolvency Act?

The Canadian Bankruptcy and Insolvency Act provides a number of ways to deal with a financially troubled company or person. Most involve a court-supervised process. The options for a person or business in financial trouble and not able to right themself or itself are:

Consumer proposal

It is an offer to your creditors to repay a portion of your unsecured debt obligations in exchange for their elimination (with certain limited exceptions as laid out in the Bankruptcy Act). You can qualify if you owe $250,000 or less, excluding any debts registered against your home, such as mortgage debt or secured home equity line of credit debt.

A person proposes a plan to make monthly payments to the Licensed Trustee acting as the consumer proposal Administrator. The total amount offered to your unsecured creditors must be agreed upon by them. Within 60 months, you must pay off the entire amount accepted. Creditors typically accept a total payment of 25% or less of your total unsecured debt. Individual situations vary, however.

A successfully completed consumer proposal allows the insolvent person to eliminate their debts and avoid an assignment into bankruptcy.

Commercial proposal

Commercial proposals are also known as Division I proposals. The reason for this is because it is provided under Canadian Bankruptcy and Insolvency Act, Part III, Division 1 (consumer proposals are found under Part III Division II). An insolvent corporation or person can use it for restructuring proceedings. When a consumer’s debt exceeds the limits of a consumer proposal, a “commercial proposal” would be filed. If a definitive commercial proposal cannot be immediately prepared but the debtor needs to file in order to invoke the stay of proceedings (discussed in the next section), they can get the immediate protection they need by first filing a Notice of Intention To Make A Proposal.

A commercial proposal works in a very similar way to a consumer proposal, except for some differences as follows:

- A commercial proposal may have various classes of creditors. A consumer proposal normally does not.
- Unlike for a person, there is no streamlined reorganization process for companies. Therefore, even if its debt is $250,000 or less, a company cannot file a consumer proposal.
- A meeting of creditors must be held as part of a commercial proposal. If the Official Receiver (being a representative of the Superintendent of Bankruptcy), doesn’t wish to chair the meeting, it can be delegated to the Trustee. A creditor who has filed a valid proof of claim has voting rights. They have the right to vote ahead of the creditors’ meeting by using a voting letter or in person. An official meeting of creditors is only held in a consumer proposal if 25% of the proven creditors’ claims request one.
- In a consumer proposal, if a meeting is not requested, the consumer proposal is deemed approved and there are no voting rights to be concerned about. If a meeting is requested, then the creditors who attend the meeting can vote by ordinary resolution for the acceptance of the consumer proposal. In a commercial proposal, it is a two-pronged test: 3/4 of the $ value voting AND a majority in the number of those voting.
- If the commercial proposal is voted down, the person or company is immediately deemed to have filed an assignment in bankruptcy. There is no such automatic bankruptcy if a consumer proposal is not accepted.

As soon as the commercial proposal is accepted by the creditors and approved by the court, the debtor starts making the payments promised in the proposal to the Insolvency Trustee. Once full payment has been made, the trustee in bankruptcy will issue to the person or company their Certificate of Full Performance. At this point, all provable claims, regardless of whether they filed a proof of claim or not.

As part of a successful restructuring process, the Trustee will run a claims process, vet every proof of claim to ensure that they are valid and that only an allowable claim is considered for distribution purposes. The Trustee will then comprise a scheme of distribution in order to distribute the funds promised to the creditors in the commercial proposal.

Restructuring under either the Canadian Bankruptcy and Insolvency Act or CCAA becomes possible for companies with debts greater than $5 million.

Receivers and Secured Creditors

Receiverships are remedies for lenders who have loaned money out and taken security over the debtor’s assets. It is most common in Canada for financial institutions to be lenders to Canadian businesses. As long as their loan documents, including the security agreement, allow for it in writing, a secured creditor may appoint a receiver when a debtor defaults on secured debt. Secured creditors and receivers are subject to certain requirements under the Canadian Bankruptcy and Insolvency Act.

Receivership relies both on provincial laws and federal legislation. The Bankruptcy Act specifies several main requirements for receivership, including:

- It is not permissible to enforce a security interest on the business assets of an insolvent person unless the secured creditor has given 10 days prior notice in the prescribed form and manner.
- Only a Licensed Insolvency Trustees (formerly called Trustees in Bankruptcy) can act as a receiver.

The secured creditor can appoint the receiver privately or with court approval.

A private receiver’s primary responsibility is to the secured creditor who appointed it. A court-appointed receiver is an officer of the court who protects the interests of all creditors of the debtor company.

Private receivers usually have from the security documents the power to run the debtor’s business and sell the debtor’s assets through auctions, tenders or private sales.

A court appointment is also preferred over a private appointment when there are significant claims against the debtor or its property as well as litigation or a threat of litigation. It is according to the provincial rules of court and s. 243 of the BIA (National Receiver) that a court may appoint a receiver.

The receivership order normally stays proceedings (discussed below in the next section) against the receiver, the debtor, and its property. In terms of its purpose, it gives the receiver authority to manage the assets of the debtor, to borrow money against the assets to repay a loan, to sell the assets of the debtor with the approval of the court, and to commence and defend litigation on behalf of the debtor. A privately-appointed receiver does not enjoy a stay of proceedings.

Bankruptcy

If a personal or commercial restructuring is not possible, then the insolvent person or company has no choice but to file for bankruptcy. The first step in dealing with insolvency is to consult an insolvency trustee. You can learn about the bankruptcy administration process and your legal rights from Trustees in Bankruptcy so you can make an informed decision. A candid discussion about how much you earn, what assets you own, and what types of debts you have can help you decide if bankruptcy is the best choice for you.

Here is what the Canadian bankruptcy procedure is all about. After the bankruptcy assignment has been completed, the Trustee submits it to the Office of the Superintendent of Bankruptcy Canada. All legal obligations will be handled by the Trustee once the assignment has been filed. Your creditors will no longer receive payments directly from you.

The Trustee administers your bankruptcy. No more lawsuits or wage garnishments for you. Depending on your province’s law, some of your assets will certainly be exempt. The bankruptcy vests your non-exempt assets in the Trustee. The Trustee will sell them. According to the Canadian Bankruptcy and Insolvency Act, the proceeds will be for the benefit of the bankrupt estate and there could be a scheme of distribution among your preferred creditors and ordinary unsecured creditors.

In the administration of bankruptcy, the Trustee will send your creditors a notice of bankruptcy. You must attend a creditors’ meeting if one is called. Additionally, you will need to attend two counselling sessions. Canadian insolvency legislation in Canada includes rehabilitation programs to help individuals regain financial stability.

Finally, you may need to make payments toward your debt. “Surplus income payments” ensure that people who declare bankruptcy and have sufficient income contribute to paying back a portion of their debt. Your debts will eventually be discharged, relieving you from the obligation of repaying most of the debt you had on the day you filed for bankruptcy.

Despite the fact that most debts can be discharged, some cannot, namely:

alimony and child support;
court fines and penalties;
debts related to fraud; and some
student loans.

You will suffer credit damage for several years after filing for bankruptcy. After your debt is discharged, you can start rebuilding your credit. Although it’s not ideal, it will lift the burden from your shoulders and solve the debt problems you couldn’t resolve on your own.

Canadian Bankruptcy and Insolvency Act: Can bankruptcy protect you from creditors?

In addition to bankruptcy, any filing listed above under the Canadian Bankruptcy and Insolvency Act will protect you from creditors. In fairness to all stakeholders, the filing calls for a “time out” after which no claims for money, lawsuits, or collection efforts are permitted. In legal jargon, we call this a stay of proceedings.

By virtue of the individual’s bankruptcy or insolvency, you may not terminate, amend, or accelerated pay, or claim the term of any agreement. When an insolvent person files a notice of intention or a proposal, a similar provision is made.

Just like in bankruptcy, if you file a notice of intention or a Division I proposal or Division II proposal, all proceedings automatically stay and no creditor is entitled to take any action against the debtor or to pursue any execution or other proceeding for the recovery of a claim provable.

Commercial proposals are normally worded so that Directors of insolvent companies who have filed notices of intention or proposals enjoy similar protection.

A word on cross-border insolvencies

Many of the large CCAA reorganization filings in recent times have been cross-border insolvencies. Canadian courts prefer that cross-border insolvencies proceed as a single process with one jurisdiction acting as the primary entity. The Canadian court examines whether the Canadian case should be considered the main proceeding in order to determine whether it is significant and connected to Canada.

The other jurisdiction (most often the U.S.) usually recognizes the Canadian court’s authority when the court believes the insolvency action should be handled, for the most part, in Canada. Likewise, the opposite is also true.

Canadian Bankruptcy and Insolvency Act: Personal bankruptcy

Canadian Bankruptcy and Insolvency Act summary

I hope you found this Canadian Bankruptcy and Insolvency Act Brandon Blog informative. With too high household debt levels and not enough wealth, you are insolvent. You can choose from several insolvency processes to get the debt relief that you need and deserve. It may not be necessary for you to file for bankruptcy.

If you or your business are dealing with substantial debt challenges, you need debt help, and you assume bankruptcy is the only option, call me.

If you’re thinking about bankruptcy, you’re probably in a situation where you’re overwhelmed, frightened, and feel like you’re alone. That’s natural and it is not your fault.

It’s good that you’ve come to this site, where you’ll find answers to your questions, sort through your options, and discover that you can get help. You’re not alone, and the professionals at Ira Smith Trustee & Receiver Inc. are committed to helping you find a debt solution that’s best for you.

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 an alternative 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.

You are under a lot of pressure. Our team knows how you feel. You and your financial and emotional problems will be the focus of a new approach designed specifically for you. With our help, you will be able to blow away the dark cloud over your head. We will design a debt settlement strategy for you. We know that we can help you now.

We understand that people with credit cards maxed out 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.

Because of this, we can develop a new method for paying down your debt that will be built specifically for you. It will be as unique as the economic problems and discomfort you are experiencing. 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.

canadian bankruptcy and insolvency act

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

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

Tags administration of bankruptcy, allowable claims, assignment into bankruptcy, bankruptcy estate, bankruptcy laws, bankruptcy legislation, bankruptcy procedure, bankruptcy proceedings, bankruptcy process, bankruptcy vests, canadian bankruptcy and insolvency act, canadian courts, Canadian insolvency legislation, claims of creditors, claims process, classes of creditors, commercial proposals, commercial restructuring, consumer debt levels, consumer proposals, corporate restructuring proceedings, cross-border insolvencies, debt obligations, debtor company, federal legislation, financial difficulty, insolvency proceedings, insolvent companies, insolvent corporation, Ira Smith Trustee, legal rights, licensed insolvency trustees, notice of inention, official receiver, preferred creditors, proof of claim, provable claims, restructuring proceedings, restructuring process, scheme of distribution, secured creditor, successful restructurings, trustee in bankruptcy, trustees in bankruptcy, types of debts, unfortunate debtor, unsecured creditors, voting rights

Brandon Blog Post

LICENSED INSOLVENCY TRUSTEE VAUGHAN: THE COMPLETE GUIDE FOR YOUR HAPPY DEBT FREE L1FE

Post author By Brandon Smith
Post date August 11, 2021

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

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting. Through the use of video meetings, we can help you even if you do not live close to our office in the Jane Street Hwy. 7 area. It is just like we are coming to you!

The bankruptcy trustee in Vaughan: We transformed into a licensed insolvency trustee Vaughan

The bankruptcy trustee in Vaughan went through a metamorphosis similar to a caterpillar becoming a butterfly. The term “bankruptcy trustee” turned into a “licensed insolvency trustee“. The licensed insolvency trustee designation was mandated to all licensed trustees by the Industry Canada Office of the Superintendent of Bankruptcy (OSB). The OSB licenses and supervises the activities of all licensed insolvency trustees across Canada. This includes us as a licensed insolvency trustee Vaughan, Ontario.

The purpose of this Brandon blog is to offer an overview of our role in the Greater Toronto Area with our licensed insolvency trustee Vaughan insolvency trustee firm head office.

Role of a Licensed Insolvency Trustee Vaughan (formerly called Trustee in Bankruptcy Vaughan)

A licensed insolvency trustee Vaughan can fulfill various roles. It all starts with providing a no-cost consultation for a person or company that finds themselves in a troubling financial situation that worries them about their prospects for a bright financial future.

Due to the various roles, a licensed insolvency trustee Vaughan can play, we are also known as “receivers”, “trustee in bankruptcy” or “financial restructuring professionals”. We are appointed when a company or person is financially distressed and either has no other options to get out of financial difficulty and is unable to pay its bills. A licensed insolvency trustee is the only party licensed by the Government of Canada to perform a federal government-approved debt settlement plan, being a consumer proposal consolidation.

As a licensed insolvency trustee Vaughan firm, there are different roles we can play.

Find the right option with the help of a Licensed Insolvency Trustee Vaughan

Personal situation insolvency

For individuals who are insolvent, we can provide and act in the following:

A no-cost initial consultation to provide advice about debt relief.
Credit counselling. to help with your household budget and determine if you really need one of the available debt relief options.
Consumer Proposal – Toronto and GTA – Act as Consumer Proposal Administrator to conduct a Consumer Proposal Process for people who owe $250,000 or less in unsecured debts (not including any debts registered against their home) who wish to eliminate their debt and wish an alternative to bankruptcy so that they can avoid filing bankruptcy. This is a government-approved interest-free debt settlement plan that can be paid over as much as five years.
Division I Proposal – Toronto and GTA – This process is not quite as streamlined as a consumer proposal, but it is for people who wish to eliminate their debt while avoiding personal bankruptcy.
These 2 proposal remedies are the only accredited government debt relief programs in Canada.
Personal bankruptcy – Toronto and GTA – As a licensed insolvency trustee Vaughan, we can of course assist anyone who wishes filing for bankruptcy. In your no-cost consultation with us, we first get to know you and your financial situation in order to determine if you qualify for one of the bankruptcy alternatives. If not, we will discuss the entire bankruptcy process with you, including the cost of bankruptcy. If you wish to proceed, we will accept your assignment in bankruptcy.

All collection activities against you cease when you make an assignment in bankruptcy, or file a debt settlement restructuring proposal. Legal action against you may include wage garnishment, collection calls, or a legal action against you. You get legal protection as a result of the stay of proceedings afforded by an insolvency filing.

The two most common types of debt we encounter in our personal insolvency practice are credit card debt and income tax debt. We have successfully handled for clients serious negotiations with Canada Revenue Agency in order to achieve debt settlement for people with a financial history of income tax debt.

Corporate insolvency

For companies, and especially entrepreneurial family businesses that are insolvent, we can provide and act in the following:

A no-cost initial consultation to provide advice about debt restructuring options.
Restructuring & Turnarounds.
Business analysis, business review and monitoring.
Receivership – Toronto and GTA – Only a licensed insolvency trustee can act as a receiver on behalf of a secured creditor. As a licensed insolvency trustee Vaughan, we act as a privately-appointed receiver on behalf of a secured creditor. We also act as a court-appointed receiver upon the application to a court by a secured creditor or other stakeholders.
Winding-Up and Liquidator – Toronto and GTA – For solvent companies that wish to wind up operations through a legal process, we act as either privately appointed or court-appointed Liquidator.
licensed insolvency trustee vaughan

Selecting The Right Licensed Insolvency Trustee in Vaughan

Experience and professionalism

You might not find the expertise to solve your financial difficulties with someone just around the corner. You can start your search for the right Trustee by visiting the website of the Canadian Association of Insolvency and Restructuring Professionals. Both Ira Smith and Brandon Smith are members of the Canadian Insolvency and Restructuring Professional Association. It shows an individual’s commitment to staying up to date with all the latest industry advancements by belonging to this organization. Check the website of the OSB to ensure that the Trustees you are considering are not suspended or under file management by the regulator.

Interacting with them on many levels is essential

As a beginning, they must be able to quickly understand your needs and desires, as well as provide you with a realistic plan that can be followed. If you have issues or concerns, they also need to be available to you. Look for their interest in you. How enthusiastic are they about their industry? Do you really feel their compassion for you? Do you feel you are going to get along on an inter-personal basis with this person?

That’s exactly how you measure enthusiasm. The most effective solutions and suggestions will be offered by a knowledgeable insolvency trustee. You may not find this type of person within walking distance of your home or workplace.

Licensed insolvency trustee Vaughan: Are you able to agree on the same concepts?

It is not a totally free service to engage a professional trustee. The complexity of your situation could affect the bankruptcy cost. Your trust in a bankruptcy trustee is diminished if you feel they view you as just another dollar sign. Look for those who seem to have similar values to you. It may not be the closest to your home to find such a licensed insolvency trustee.

Websites for licensed insolvency trustee Vaughan

Searching for “bankruptcy trustee near me” or “licensed insolvency trustee Vaughan” on a search engine today will bring up various websites to visit. How does the website make you feel? What bankruptcy FAQs do they provide? Can you see pictures of the people you would deal with? From their blog, do they demonstrate that they have a deep knowledge base?

You can meet with more than one Trustee

Unless you sit across the table from him or her, you won’t know which one is the right fit for you. Comparing two bankruptcy trustees is a good idea. You want to be able to compare two or more for your own validation purposes. The one you feel best about is the one to go with. Trust your gut!

3 Best Licensed Insolvency Trustees in Vaughan, ON

Throughout the years my firm has been inspected for 50 points, including reviews, ratings, reputation, history, complaints, satisfaction, trust, cost, and general excellence. The results have allowed us to rank consistently among the top 3 Best Licensed Insolvency Trustees in Vaughan, ON.

Licensed insolvency trustee Vaughan summary

I hope that you found this licensed insolvency trustee Vaughan Brandon Blog helpful in describing our role as debt professionals and my thoughts on how to go about choosing the one you think is the best fit for anyone in a financial crisis. Problems will arise when you are cash-starved and in debt. There are several insolvency processes available to a person or company with too much debt.

If you are concerned because you or your business are dealing with substantial debt challenges, you need 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 with credit cards maxed out 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.

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

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

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Brandon Blog Post

LICENSED INSOLVENCY TRUSTEE FOR BANKRUPTCY SIMPLE STEPS ON HOW TO AVOID BANKRUPTCY AND SAVE YOUR BUSINESS

Post author By Brandon Smith
Post date May 12, 2021

licensed insolvency trustee for bankruptcy

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic. Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Licensed Insolvency Trustee for bankruptcy on why businesses go bankrupt

In my last Brandon Blog, Business Bankruptcy In Canada: Discover The Causes Of Business Insolvency And Bankruptcy, I described the causes of business insolvency, the types of business entities normally found in Canada and tips on how to pull your business around back from insolvency.

Numerous businesses are battling to survive today, not to mention stay lucrative. They are scaling down or just closing their doors. They are accessing the available government support money for a business. Most entrepreneurs hesitate to seek the advice of a licensed insolvency trustee due to the fact that they are afraid all the licensed insolvency trustee (formerly called a bankruptcy trustee or a trustee in bankruptcy) wants to do is be a trustee for bankruptcy.

In this Brandon blog post, I want to continue from the suggestions from my last blog, to show you exactly how that the last point I push for is to be a trustee for bankruptcy. I first look to reorganize your business. If your business or company remains in danger because of the effect of the COVID-19 pandemic, it will certainly be advantageous for you and also your organization to do so.

I will also show how sometimes, a trustee for bankruptcy or receivership, can actually help save parts of your business. The only other alternative could be to let all the business parts fail, which is the worst possible outcome.

The role of a debtor in bankruptcy or insolvency

Remember, I previously defined insolvency as a financial condition, where bankruptcy is a legal condition and a legal process. You will also recall that in my last Brandon Blog, I described the three common types of business structures in Canada; proprietorship, partnership and corporation. Just as these three business structures are different in form, they are also treated differently in insolvency vs bankruptcy. Here is how I differentiate the role of each debtor.

Proprietorship – Sole proprietorships are a type of business structure in which one individual is the sole owner of the business, which gives that person control over everything related to the business. This includes the business’ name, structure, accounting, legal obligations and tax responsibilities.

As I described last week, in Canada, the person, the sole proprietor, is carrying on business in their personal name, operating as the business name. You can register a sole proprietorship with the provincial government by completing an application form.

A sole proprietorship is the simplest kind of business structure. It permits an individual to sell goods or run a service with complete control of it on their own. Nonetheless, a sole proprietorship is not considered a separate legal entity from the owner. This means that any liabilities incurred by the business are also personal financial obligations of the owner.

So in an insolvency situation, all of the sole proprietor’s assets come into play as do all of his or her debts. It is not just the business assets and business liabilities. It is everything. This is the worst-case scenario for an entrepreneur.

So if the business is viable, and the personal assets and liabilities lead to the sole proprietor being in the situation where they can do a debt settlement plan, they can choose one of two options to restructure their entire personal financial situation. This assumes they cannot resolve their financial issues informally to bring their financial situation back to being solvent.

Partnership – A terrific way to begin a new business is teaming up with one or more people. All of you should enhance the group’s abilities as well as energy. Nonetheless, you also wish to be with people that are trustworthy, industrious and have a certain expertise that will help the business grow. Just like the way a proprietorship is one person, a partnership is made up of two or more people.

A partnership agreement is crucial. This is an agreement between the partners, describing the rights as well as obligations of each partner in the business. The same way a sole proprietor is personally responsible for the debts of the business and is putting all of their personal and business assets at risk, the same is true for partners in a business partnership. The partners are each liable for 100% of the business debts in case of insolvency. The partners cannot limit their liability to only their partnership share of the business.

Corporation – When you incorporate a business, it is a corporation. The company is a different legal entity from its owner shareholders. Shareholders are not responsible for the unpaid debts owed to financial institutions (normally a secured creditor), suppliers to the firm (normally an unsecured creditor) or the government. There are only two exceptions: (i) certain government liabilities that are a personal liability of a Director; and (ii) if the entrepreneur directly guarantees a financial debt of the company, such as a company loan, then that individual will have a liability with respect to such debt.

If the company’s financial future becomes bleak because it is insolvent, there are options. In my last blog, I talked about self-help remedies senior management of a company whose business is viable can try to informally bring the company back to a healthy financial state. You can re-read that blog to see the options available. If the self-help remedies do not work yet then we must look at more formal proceedings.

Licensed InsolvencyTrustee for bankruptcy: Settle with creditors and debt collectors without bankruptcy

In a proprietorship or partnership, if the underlying business is viable, then there are a variety of options to try to turn the business around yourself. You would use the self-help methods I described in my last blog. If the self-help options do not work, there are debt settlement options available to the individual(s) under the Bankruptcy and Insolvency Act (Canada) (BIA). They would be the only government-sanctioned debt settlement plan available in Canada. Either a consumer proposal or a Division I Proposal. You can read about how each one works by clicking on the following links:

In a successfully completed debt settlement program, the bankruptcy trustee would not be a trustee for bankruptcy. Rather, the trustee in bankruptcy would be an Administrator under a consumer proposal or a Proposal Trustee in the Division I Proposal.

If the business is not viable or the circumstances are such that a debt settlement plan is not feasible, then personal bankruptcy would be the only other option. You can read about how personal bankruptcy works by looking at our top 20 bankruptcy FAQs section. Upon the bankruptcy of the person, the sole proprietorship is automatically terminated.

Since a partnership is a way of carrying on business personally, then the same insolvency options available to the partners to the business debtor are also available. A restructuring is always preferred over a bankruptcy when the partnership is in financial difficulty.

For a debt settlement insolvency filing, the licensed trustee is not a trustee for bankruptcy. That is the case only if there is an actual bankruptcy assignment. Under provincial law, if a partner goes bankrupt, the partnership is automatically dissolved.

Licensed Insolvency Trustee for bankruptcy: Ask creditors to help you avoid bankruptcy of the corporation

Without wanting to sound like a broken record, you can review my prior blog to go over the self-help remedies for turning a business around, even if it is a corporation. A self-help remedy is always a great alternative to bankruptcy. If that isn’t appropriate, or just plain does not work, then you must get in touch with an insolvency trustee.

Again, if the company’s business is viable, then there are financial restructuring alternatives. these alternatives will be within a government-regulated insolvency proceeding. There are two formal restructuring statutes in Canada:

Division I Proposal under the BIA.
A restructuring Plan of Arrangement under the Companies’ Creditors Arrangement Act (CCAA).

In both cases, a company should retain the services of both a licensed trustee for bankrutpcy and a bankruptcy lawyer. The lawyer acts as legal counsel to the company. The licensed trustee will be both a financial advisor and steer the company through the restructuring process. The CCAA option is for companies with $5 million or more of debt. A BIA Proposal is for a company with any amount of debt. The main difference between the two processes are:

In a failed BIA Proposal, the debtor is immediately deemed to have filed an assignment in bankruptcy. This is not the case in a failed CCAA Plan of Arrangement.
A CCAA proceeding is more costly as there are many more court appearances in that forum than in a BIA restructuring.

Using one of these two statutes to gain what is called in the media “bankruptcy protection” in order to work out a successful restructuring with your unsecured creditors is always preferable. The company will pay less than it owes while keeping its viable but insolvent business alive. Don’t underestimate the power of preserving jobs in the eyes of a court. A bankruptcy trustee can be very helpful in obtaining great results.

Licensed Insolvency Trustee for bankruptcy: When to consider an Assignment for the Benefit of Creditors

If the business is not viable and is insolvent, then the only thing left to consider is an assignment in bankruptcy filing. It is definitely a last resort if everything I have already spoken about in this Brandon Blog just won’t work and you have run out of options. Trustees in bankruptcy always consider the alternatives to bankruptcy, but sometimes filing bankruptcy is the only option available.

In the case of a proprietorship or partnership, it is the individual sole proprietor and one or more of the partners who will be meeting with a trustee in bankruptcy and filing for a personal type of bankruptcy. the personal bankruptcy trustee will administer the personal bankruptcy estate. Again, you can read up on personal bankruptcy by looking at our top 20 personal bankruptcy FAQs section.

In personal bankruptcies, it will be either a streamlined system called a Summary Administration and if not, it is then an ordinary administration bankruptcy. Unlike a company, a person is ultimately entitled to a bankruptcy discharge.

When it comes to the administration of bankruptcy for a corporation, it is always an ordinary administration bankruptcy. The purpose of this Brandon Blog is not to run through all the steps in a personal or corporate bankruptcy process. Above I have provided some links to read up on debt settlement restructuring and personal bankruptcy. For corporate bankruptcy, I recommend that you read our corporate website page on corporate bankruptcy.

Alternatively, you can also read my previous Brandon Blog Bankrupting a Limited Company: Canadian Corporate Bankruptcy Process.

A trustee for bankruptcy administers the bankruptcy process for the benefit of unsecured creditors. Sometimes, it is a secured creditor who needs to enforce their security. They do not necessarily need the company to meet with a trustee for bankruptcy. Rather, the secured creditor needs the appointment of trustee to act not in a bankruptcy administration, but rather, to act as a receiver or receiver-manager to enforce the secured creditor’s position by taking control of the assets subject to the security and ultimately selling them. To read the receivership process, you can read the receivership section of our corporate website.

You can also read my Brandon Blog titled What Is A Receivership? Our Complete Guide To Receivership Solutions.

Licensed Insolvency Trustee for bankruptcy: How to avoid bankruptcy and save your business from closing

I hope you enjoyed the licensed insolvency trustee for bankruptcy 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. As you can see from this blog, we are not just a trustee for bankruptcy. We believe every person and business should first explore debt settlement to avoid bankruptcy.

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

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

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

Call us now for a no-cost consultation.

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

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic. Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Brandon Blog Post

DECLARING BANKRUPTCY IN CANADA: NEVER WORRY WHAT TO DO AGAIN WITH THESE AWESOME TIPS

Post author By Brandon Smith
Post date January 11, 2021

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

If you would prefer to listen to the audio version of this declaring bankruptcy in Canada Brandon Blog, please scroll to the bottom and click play on the podcast.

***Declaring bankruptcy in Canada*: Introduction**

Declaring bankruptcy in Canada is a legal process through which you may be discharged from your financial obligations (with certain minor exceptions). Its purpose is to permit an honest but unfortunate debtor to obtain a discharge from many financial debts, based on affordable conditions.

The Office of the Superintendent of Bankruptcy (OSB) is charged with the administration of the Bankruptcy and Insolvency Act (Canada) (BIA), the Companies’ Creditors Arrangement Act (CCAA) and their respective rules. All documents associated with filings under either of those Acts can be found at the OSB’s internet site. The OSB likewise licenses and supervises the actions of licensed insolvency trustees (LITs ). LITs are accredited to:

administer the estates of bankrupts;
manage alternatives to bankruptcy such as consumer proposals and commercial proposals in order for debtors to get creditor protection and restructure in order to avoid bankruptcy; and
serve as a monitor under the CCAA.

When can you declare bankruptcy in Canada?

Any insolvent person in financial difficulty can declare bankruptcy in Canada any time through a bankruptcy assignment after they have seen a licensed insolvency trustee and made suitable arrangements for the Trustee to administer handle the bankruptcy administration. The bankruptcy trustee prepares the necessary documents for the debtor to sign for filing for bankruptcy.

The licensed trustee then files certain legal documents with the OSB. The OSB then issues its Certificate to evidence the bankruptcy of the person or company. The date and time indicated on the Certificate are when a voluntary bankruptcy starts.

If you are not able to get a LIT to accept your data, or if you cannot afford to work with a LIT in order to declare bankruptcy in Canada, the OSB’s Bankruptcy Assistance Program might have the ability to help. This is provided that you are not and have actually not just recently been, involved in commercial activities or you are not in jail.

What happens when you declare bankruptcy in Canada?

There are three different avenues that can have someone declare bankruptcy in Canada:

Voluntary assignment – A financially troubled insolvent person or company can make a voluntary assignment in bankruptcy. This is where they voluntarily make a general assignment in bankruptcy for the general benefit of all of their creditors.
Bankruptcy application – A creditor who is owed at least $1,000 on an unsecured basis submits an application to the court for obtaining a bankruptcy order against the debtor and the debtor’s property.
Deemed bankruptcy – When a debtor who has made the choice to start an insolvency process under the BIA to gain debt relief through trying to restructure their unsecured debt, has fallen short to satisfy the requirements for:
1. submitting a Division I proposal;
2. gaining the necessary votes in favour of the proposal from the unsecured creditors; or
3. obtaining court approval for the proposal.

Under a deemed bankruptcy, the moment the debtor fails in one of these ways, the BIA says that the debtor is deemed to have made an assignment in bankruptcy.

The bankrupt is able to earn a living after filing for bankruptcy. For this objective, the bankrupt can work or run a company, after the bankruptcy event. However, an undischarged bankrupt cannot be a director of a company. Also, upon the onset of the bankruptcy, the debtor must turn over to the licensed insolvency trustee, any shares of companies owned by the bankrupt.

The Trustee will send a notice to your creditors informing them of the bankruptcy. If there needs to be a meeting of creditors, the Trustee will hold it. The Trustee will also provide the bankrupt person with two credit counselling/financial counselling sessions with an individual who is an OSB qualified credit counsellor from the Trustee’s office, as part of the overall bankruptcy administration.

As you can see, not every way of declaring bankruptcy in Canada is totally voluntary.

Declaring bankruptcy in Canada: What assets do you lose in bankruptcy?

One of the most important tasks a Trustee has in the entire personal bankruptcy process or corporate bankruptcy process after the debtor chose declaring bankruptcy in Canada is to:

take an inventory of the debtor’s assets;
make sure they are physically secure and insured;
formulate a plan to sell the assets for the most amount possible under the circumstances;
review the financial affairs of the bankrupt, including the household income and financial situation of the bankrupt in a personal bankruptcy filing, and prepare a report to the creditors; and
then pay a dividend to the creditors.

There are however certain exemptions allowed for people. Few are based on federal law. Most are based on provincial law. So exempt assets may differ from province to province. In Ontario, assets that are exempt, and therefore not subject to seizure by a Trustee, are:

The equity in your home of no greater than $10,000.
A vehicle with an equity value of no more than $6,000.
Garments and medical/dental aids.
Household furnishings up to a worth of $13,100.
Tools of the trade with a value of no greater than $11,300.
Pension plans, RRIF, RRSP (other than any kind of RRSP payments made within 12 months of the date of bankruptcy).
Farmers– no greater than $29,100 for animals and also tools & equipment.

Even though someone has decided that filing bankruptcy is the route they must go, there are certain assets they will not have to give up.

Declaring bankruptcy in Canada: Does Bankruptcy clear tax debt in Canada?

The short answer is yes. Income taxes payable calculated on your tax return but not paid is a type of debt that is released when a person gets their bankruptcy discharge. However, you should know that there is a wrinkle for anyone who owes $200,000 or more in income tax debt and if that debt to Canada Revenue Agency (CRA) equals 75% or more of the total unsecured proven claims in the bankruptcy. If that is the case, then that affects the bankrupt’s ability to get a discharge after declaring bankruptcy in Canada.

If it is the person’s first time filing bankruptcy and they do not have to make surplus income payments, then they are still entitled to a discharge after 9 months from the date of bankruptcy. If it is their first time but they do have surplus income payments, then they cannot apply for a discharge until after 21 months.

If this is the person’s second time filing bankruptcy, if they do not have any surplus income payments, then rather than being able to apply for a discharge after 9 months, they must wait 24 months. If they do have surplus income payments, then it is extended to 36 months.

If someone has been bankrupt more than one time before and has at least $200,000 of income tax debt representing 75% or more of the total proven unsecured claims, then regardless of their surplus income payment situation, they must wait 36 months.

Such a bankrupt is called a high tax debtor. A high tax debtor is not entitled to have the Trustee issue an automatic bankruptcy discharge when the time has expired. Rather, there must be a court hearing for the bankrupt’s application for discharge.

CRA will oppose an absolute discharge at least on the basis of the fact that they are a high tax debtor. The Trustee does not have to oppose the discharge on this basis. However, if the bankrupt has failed to live up to any of their duties, including making the required surplus income payment, the Trustee will oppose.

The court will make a conditional order of discharge. At least one of the conditions will be to pay a certain amount to the Trustee for the benefit of the unsecured creditors. The amount depends on the unique circumstances of that bankrupt, but you can assume that the amount will be about 25% of the income tax owing.

So anyone how has income tax debt and is contemplating declaring bankruptcy in Canada, needs to look at their total liabilities carefully. If at all possible, you do not want to be a high tax debtor when declaring bankruptcy in Canada.

***Declaring bankruptcy in Canada*: What debt does bankruptcy not cover?**

Some people think that in a personal bankruptcy filing, the bankruptcy filing itself is what eliminates the person’s debts. That is wrong. At the moment of declaring bankruptcy in Canada, nothing actually happens to your debts. It is the person’s discharge from bankruptcy that “discharges” the person from their debts.

Yet, there is still a category of debts that are not covered and not discharged when a personal bankruptcy discharge occurs. The debts that are not covered or discharged, are outlined in section 178(1) of the BIA. These such debts are:

any type of penalty, fine, restitution order or other order comparable in nature to a penalty, fine or restitution order, enforced by a court in regard of an offence, or any kind of debt developing out of a recognizance or bond;
any damages award by a court in civil process for:

( i) physical injury intentionally caused, or sexual assault, or

( ii) wrongful death resulting therefrom;
any type of financial debt or responsibility for spousal support or alimentary pension;
any kind of financial obligation or liability developing under a judgment establishing an association or about support or maintenance, or under an agreement for maintenance and support of a spouse, former spouse, previous common-law companion or child not living with the bankrupt;
any type of financial obligation or liability occurring out of fraudulence, embezzlement, misappropriation or defalcation while acting in a fiduciary capacity or, in the Province of Quebec, as a trustee or administrator of the property of others;
any financial debt or liability resulting from getting property or services by false pretenses or fraudulent misrepresentation, apart from a debt or responsibility that arises from an equity claim;
liability for the dividend that a creditor would have been qualified to receive on any kind of provable claim not disclosed to the trustee unless the creditor had notification or understanding of the bankruptcy and fell short to take reasonable activity to confirm the claim; or
student loans if the bankruptcy filing happened before the person stopped being a full or part-time student or within seven years after the day on which the bankrupt stopped to be a complete- or part-time student

Declaring bankruptcy in Canada summary

I hope you enjoyed this declaring bankruptcy in Canada Brandon Blog post. If you are concerned because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option, call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore. The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

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.

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 this 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.

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

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Credit card minimum payment crisis: Introduction

Overview of the Canadian credit card system

Definition of credit card minimum payment crisis

Credit card minimum payment: The alarming statistics

Credit card minimum payment: The impact of high consumer debt

Credit card minimum payment: Factors contributing to high debt levels

Credit card minimum payment: Struggles with basic necessities

Food

Transportation

Housing

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

Credit card minimum payment: Effective debt management strategies

Credit card minimum payment: The consequences of accumulating debt

Credit card minimum payment: Conclusion

Bankruptcy lawyer: Introduction

Bankruptcy lawyer: Overview of the insolvency and bankruptcy process in Canada

Bankruptcy lawyer: Formal insolvency options in Canada

Insolvency and debt relief solutions for individuals –

Insolvency and debt relief options for companies –

How a bankruptcy lawyer can assist you: Importance of seeking legal advice in certain situations

Can I file for bankruptcy without a bankruptcy lawyer in Canada?

Determining the necessity of enlisting the services of both a bankruptcy lawyer and a Licensed Insolvency Trustee: Is a bankruptcy lawyer required to initiate bankruptcy proceedings in Canada?

Bankruptcy lawyer and a Licensed Insolvency Trustee: Determining the necessity of enlisting the services of both a bankruptcy lawyer and a Licensed Insolvency Trustee

How to find a qualified bankruptcy lawyer or Licensed Insolvency Trustee in Ontario

Bankruptcy lawyer: Conclusion

Financial stress introduction

Definition of financial stress

Financial stress and illnesses

The FP Canada™ 2023 Financial Stress Index results

Importance of financial wellness

How to Overcome Financial Stress

What is the cause of your financial stress?

Create a budget and stick to it

Prioritize debt repayment

Build an emergency fund

Seek professional advice

Financial stress: Common traps to avoid

Payday loans

Credit card debt

Impulse spending

Lack of financial education or financial literacy

Financial stress: The benefits of being financially prepared

Peace of mind

Increased ability to handle emergencies

Improved credit score

Financial stress: Conclusion

Canadian Income Tax Act: Section 160 transfer of property

What’s section 160 of the income tax act?

What is the third-party tax liability under Section 160 for the transferee?

Is it possible to dispute a Canadian Income Tax Act Section 160 CRA Assessment?

Murphy v. The King, 2022: The court upheld the third-party income tax liability under section 160 of the Canadian Income Tax Act

The Canadian Income Tax Act and your income-tax debt to CRA

Insolvency for business including business bankruptcies

What will happen to the company if it is insolvent?

Business bankruptcies: The insolvency of a business – First steps

Companies under business bankruptcy protection

A proposal under the Bankruptcy and Insolvency Act (Canada) (“BIA”)

Financial restructuring under a Companies’ Creditors Arrangement Act (“CCAA”) plan of arrangement

Licensed insolvency trustees say if companies are insolvent and not viable the best option may be business bankruptcies

The companies are insolvent and have to go into business bankruptcies

What happens when the certificate is issued for business bankruptcies?

Business bankruptcies: How will I know what’s going on?

Finding a Licensed Insolvency Trustee

If you would like our free e-Book, “Closing A Business Without Going Bankrupt” CLICK THE PICTURE BELOW

The Canadian Debtors Association was formed to fix this problem

Canadian Debtors Association motto: Join us as we build a better Debtor experience

Canadian Debtors Association agrees that everyone deserves a fresh start

Canadian Debtors Association explain this problem

Canadian Debtors Association urges changes to Bankruptcy and Insolvency Act

Canadian Debtors Association has identified a real problem but the wrong solution IMO

Canadian Debtors Association summary

What is in the Canadian Bankruptcy and Insolvency Act?

What is the purpose of the Canadian Bankruptcy & Insolvency Act?

What options are available under the Canadian Bankruptcy and Insolvency Act?

Consumer proposal

Commercial proposal

Receivers and Secured Creditors

Bankruptcy

Canadian Bankruptcy and Insolvency Act: Can bankruptcy protect you from creditors?

A word on cross-border insolvencies

***Declaring bankruptcy in Canada*: Introduction**

***Declaring bankruptcy in Canada*: What debt does bankruptcy not cover?**