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HEAL YOUR FINANCIAL HEALTH, HEAL YOUR MIND: A COMPREHENSIVE GUIDE TO FINANCIAL RECOVERY AND MENTAL WELL-BEING

financial health
financial health

Financial Health: Importance of Financial Health

When people are faced with mounting debt like credit card bills and student loans, their poor financial health makes their minds race with anxiety. Such anxiety in our financial lives can produce sleepless nights and physical and mental health problems. It’s not just about the dollars and cents; debt creeps into every facet of life, affecting our relationships, sleep patterns, physical and mental well-being and overall happiness. The shadows of financial distress loom large over many people, intertwining their financial health with their mental health.

In February 2022 I wrote the Brandon’s Blog “WHAT PERCENTAGE OF ILLNESSES ARE DIRECTLY OR INDIRECTLY CAUSED BY FINANCIAL STRESS? FINANCIAL STRESS IS THE MOST COMMON OF ALL TRIGGERS“. In that article, which is as popular today as it was in 2022, I wrote about how money, health, relationships, and work are deeply intertwined; stress in any one of them can exacerbate issues in others.

In this Brandon’s Blog, I describe a real-life case of how debt and financial health extend beyond mere numbers – its effects on mental health are profound and pervasive. Understanding this connection is crucial for those facing financial struggles to seek help and break the stigma around discussing such issues.

Key Components of Financial Health

Financial health refers to an individual’s or organization’s ability to manage financial resources effectively, make informed financial decisions, and achieve Individuals and organizations can achieve good financial health, stability, and success by focusing on these key componentsfinancial decisions, and achieve their financial goals. The key components of financial health can be categorized into several areas:

Income

    • Stable and sufficient income to cover expenses
    • Diversified income streams (e.g., multiple jobs, investments, or rental properties)

Tracking Expenses

    • Managed expenses that do not exceed income
    • Prioritized expenses (e.g., essential expenses like rent/mortgage, utilities, and food)
    • Reduced debt and unnecessary expenses

Automating Savings

    • Emergency fund to cover 3-6 months of living expenses
    • Retirement savings (e.g., 401(k), IRA, or pension)
    • Other savings goals (e.g., down payment on a house, education expenses)

Managing Debt

    • Managed debt levels (e.g., credit cards, loans, and mortgages)
    • High-interest debt prioritized for repayment
    • Debt-to-income ratio below 36%

Credit

    • Good credit score (e.g., 700+ FICO)
    • Low credit utilization ratio (e.g., below 30%)
    • No recent credit inquiries or negative marks

Investments

    • Diversified investment portfolio (e.g., stocks, bonds, real estate)
    • Regular contributions to investments
    • Long-term investment strategy

Insurance

    • Adequate insurance coverage (e.g., health, disability, life, and property)
    • Regular reviews and updates of insurance policies

Financial Planning and Budgeting

    • Clear financial goals and priorities
    • Regular budgeting and financial reviews
    • Professional financial planning and advice (if needed)

Cash Flow

    • Positive cash flow (i.e., income exceeds expenses)
    • Regular cash flow management and forecasting

Tax Planning

    • Effective tax planning and strategy
    • Regular tax planning and preparation
    • Compliance with tax laws and regulations

Individuals and organizations can achieve good financial health by focusing on these key components. Individuals and organizations can achieve good financial health, stability, and success by focusing on these key components.

financial health
financial health

Assessing Financial Health

Measuring Net Worth

Measuring your net worth involves calculating the value of your assets minus the value of your liabilities. First, you need to make a detailed list of all of your assets and all of your liabilities. Next, you need to calculate the value of all of your assets and get the most recent balances for all of your liabilities. Then subtract the total value of liabilities from the total value of assets:

Net Worth = Assets – Liabilities

A negative number shows poor financial health. A positive number is good, but then you need to look at all of the components, especially the liabilities, to see if you could make it even better.

Lifestyle Inflation Management

Lifestyle Inflation Management (LIM) refers to the process of managing your lifestyle expenses to ensure that they do not exceed your income or financial means. It involves making conscious decisions about how to allocate your scarce resources to maintain a sustainable and fulfilling lifestyle while avoiding the pitfalls of lifestyle inflation.

LIM is particularly important for individuals who experience a significant increase in income, such as those who receive a promotion, inheritance, or windfall. Without proper management, this increased income can lead to lifestyle inflation, where expenses rise to match the new income level, leaving little to no room for savings, debt repayment, or long-term financial goals.

Effective LIM involves:

  1. Tracking expenses: Keeping a detailed record of income and expenses to identify areas where costs can be reduced or optimized.
  2. Setting short- and long-term goals: Establishing clear goals for savings, debt repayment, and investments to ensure that financial resources are allocated towards achieving these objectives.
  3. Prioritizing needs over wants: Distinguishing between essential expenses (needs) and discretionary expenses (wants) to ensure that necessary expenses are covered before indulging in discretionary spending.
  4. Implementing cost-cutting measures: Identifying areas where costs can be reduced, such as negotiating better deals on insurance, cutting back on subscription services, or finding more affordable alternatives for regular expenses.
  5. Investing wisely: Allocating a portion of the increased income towards investment products, such as retirement accounts, emergency funds, or other long-term savings vehicles.
  6. Avoiding lifestyle creep: Resisting the temptation to inflate one’s lifestyle by increasing spending on luxuries, travel, or other discretionary items.
  7. Building an emergency fund: Maintaining a cushion of savings to cover unexpected expenses, ensuring that financial stability is not compromised by unexpected events.

By implementing LIM strategies, individuals can:

  • Maintain financial stability and security
  • Achieve long-term financial goals
  • Build wealth and increase financial independence
  • Reduce stress and anxiety related to financial uncertainty
  • Enjoy a more fulfilling and sustainable lifestyle

In summary, Lifestyle Inflation Management is a critical component of personal finance that helps individuals manage their expenses, prioritize financial goals, and maintain a sustainable lifestyle, even in the face of increased income.

Needs vs. Wants

The age-old distinction between needs and wants! Here are some tips to help individuals differentiate between the two and make more intentional financial decisions for better financial health:

Needs:

  1. Essential expenses: Housing, food, clothing, healthcare, education, and transportation are all necessary expenses that are essential for survival and well-being.
  2. Necessities: Utilities, insurance, and minimum payments on debts are also considered needs.
  3. Prioritize: When faced with limited resources, prioritize needs over wants.

Wants:

  1. Discretionary spending: Entertainment, hobbies, travel, and luxury items are all considered wants.
  2. Non-essential expenses: Upgrades, gadgets, and impulse purchases are also wants.
  3. Delay or defer: Consider delaying or deferring wants to ensure that needs are met first.

Tips for distinguishing between needs and wants:

  1. Ask yourself: “Do I really need this, or do I just want it?”
  2. Consider the consequences: Will not having this item or experience have a significant impact on your life?
  3. Prioritize: Make a list of your needs and wants, and prioritize the needs first.
  4. Set boundaries: Establish boundaries around your spending to ensure that you’re not overspending on wants.
  5. Practice delayed gratification: Delaying purchases or experiences can help you determine if they’re truly necessary or just a want.
  6. Automate: Automate your savings and investments to ensure that you’re meeting your needs and wants responsibly.
  7. Review and adjust: Regularly review your spending and adjust your priorities as needed.

Additional tips for managing wants:

  1. Set a “want” budget: Allocate a specific amount for discretionary spending each month.
  2. Use the 50/30/20 rule: Allocate 50% of your income towards needs, 30% towards discretionary spending, and 20% towards saving and debt repayment.
  3. Consider alternatives: Instead of buying something, consider alternative options, such as borrowing from a library or using a free trial.
  4. Practice mindfulness: Be mindful of your spending habits and avoid impulse purchases.
  5. Seek support: Share your financial goals with a trusted friend or family member and ask them to hold you accountable.

By following these tips, individuals can better distinguish between their needs and wants, make more intentional financial decisions, and achieve their long-term financial goals.

Financial Health and The Heavy Weight of Debt: A Personal Narrative

Introducing one of our clients we will call Steve

Meet Steve, which is not his real name. He is a 28-year-old living in Toronto, Ontario. Steve’s story is one that many can relate to. He faces a daily battle with debt that often feels like an uphill climb. His struggles are not just with his financial health; they echo into his mental health.

The Psychological Impact of Debt

For many, debt is more than just numbers on a page. It’s a stressor that impacts our daily lives. This is a troubling reality. There is a strong link between debt, financial health and mental health issues. When we think about it, how can we focus on what matters when our minds are tangled in worries about finances? Here are some basic facts:

  • 46% of Canadians carry non-mortgage debt.
  • Financial health stress from debt affects nearly half of them.

Anxiety and insomnia become unwelcome companions. Steve described his anxiety as “horrible.” He had trouble sleeping due to relentless thoughts about bills and payments. It’s a tough cycle. When we can’t sleep, our ability to handle stress diminishes. How do we break free from this cycle?

The Emotional Toll

Steve’s story isn’t unique. Many individuals share similar experiences in their financial lives. According to various studies, over 50% struggle to sleep, and 44% deal with changes in eating habits due to financial stress. This emotional weight can result in feelings of isolation. Imagine sitting in a room full of friends, yet feeling utterly alone because of your financial situation.

Steve spoke candidly about the toll his debt has taken on his relationships. “There are more irresponsible people than there are responsible people,” he noted, reflecting on the judgments often faced by those burdened by debt. The stigma surrounding financial difficulties keeps many silent.

Finding a Way Forward

As I reflect on Steve’s narrative, I realize that stories like his can resonate deeply with others. They shed light on an often-hidden aspect of our lives—financial distress. It’s a reminder that tackling these issues requires not just financial solutions, but emotional understanding as well.

Perhaps the first step toward recovery is opening up about these struggles. Just like Steve told his story to us, those suffering from mental health challenges need to start sharing their burdens.

financial health
financial health

Financial Health: The Scope of the Problem: Shocking Statistics

Debt is a heavy burden for many Canadians. According to a recent 2023 Ipsos poll, a staggering 46% of Canadians carry some form of non-mortgage debt. Around half (48%) of those carrying non-mortgage-related debts admit that their financial health is worsening as trying to pay off their debts is stressful. Those numbers alone is eye-opening. But what types of debt are most common? We often hear about credit card debt, personal loans, and even student loans. These financial obligations can create significant financial health stress.

What Does the Data Say?

We can’t ignore the connections between debt, financial health and mental health. A remarkable 50% of people surveyed report difficulty sleeping due to their financial situations. Can you imagine lying awake at night, worrying about bills? It’s no wonder so many are struggling. Additionally, 44% engage in unhealthy eating habits linked to financial stress. This suggests that debt permeates all aspects of life, including health.

Statistic

Percentage

Canadians with non-mortgage debt

46%

Struggling with sleep due to debt

50%

Unhealthy eating habits related to financial stress

44%

The Demographics of Debt

When examining who is affected by debt, the numbers reveal insightful patterns. Young adults are usually more affected by job loss. Meanwhile, those over 45 tend to struggle with overspending and living beyond their means. It’s insightful to understand the causes of debt problems in different age groups, differ.

Linking Stress Levels

Stress from debt is a common experience. Could it be connected to mental health issues? Steve said:

Debt and mental health are closely linked.

This statement shines a light on the harsh truth. The emotional toll can be severe.

Interestingly, not everyone experiences debt stress similarly. Hayley Hamilton, from the Centre for Addiction and Mental Health, emphasizes that stress can vary widely among individuals. Imagine two people with the same amount of debt yet feeling completely different sensations of panic or calm. That is because although they may have the same debt, their assets and cash flow differ. Those with few assets and poor cash flow have poor financial health, which leads to mental health issues.

This complexity adds another layer to the issue. As we’ve seen, statistics paint a stark picture of the reality many Canadians face. To truly understand the impact of debt, it’s essential to consider both the numbers and the narratives behind them.

Financial Health: The Dark Side of Debt Is Unhealthy Coping Mechanisms

Debt can weigh heavily on our shoulders. We often find ourselves searching for ways to cope with the constant stress it brings. Have you ever wondered how others navigate this storm? Many individuals cope with debt-related stress through a variety of unhealthy mechanisms. I’ll share some common behaviours, their impacts, and ways to seek healthier strategies.

Common Unhealthy Coping Mechanisms

  • Overspending: When people feel overwhelmed, they might resort to shopping as a temporary escape. It’s like putting a Band-Aid on a deeper wound. The thrill of buying something new fades quickly, and the debt just keeps growing.
  • Substance Use: Drugs and alcohol can provide fleeting relief from financial worries. But this can lead to a vicious cycle, where addiction adds new layers of stress.
  • Gambling: For some, gambling becomes a way to “win back” lost money. The risk here is immense. The odds are often stacked against us, leading to more debt rather than less.

Impact on Mental Health

Living with too much debt leads to poor financial health which can severely impact mental health. How can anyone focus on daily life when anxiety looms over them like a dark cloud? A recent survey highlighted that over 50% of respondents had trouble sleeping due to their financial situation. This lack of rest can spiral into deeper issues.

Moreover, around 44% report changes in eating patterns because of debt stress. Some might turn to comfort food, while others might lose their appetite completely. The pressures of financial strain often lead to social isolation as well. When you feel ashamed about your situation, it’s easy to pull away from friends and loved ones.

Advice for Healthier Coping Strategies

Experts suggest we confront the root of our stress rather than running away from it. As Steve said to us:

Debt, financial health and mental health, they go hand in hand,”

Talking about our struggles is essential. It can break the silence and stigma attached to financial hardships. Whether it’s discussing options with a professional or opening up to trusted friends, seeking help is vital.

Let’s not forget the power of accountability. Working alongside others can help us manage our finances responsibly. Reminding ourselves that we’re not alone can ease the burden we feel.

Embrace Awareness

Understanding negative coping mechanisms is the first step to recovery. The road to good financial health is tough, but every step taken towards awareness can lead us closer to healing. After all, the less we ignore our problems, the more power we have to conquer them.

financial health
financial health

Financial Health and Breaking the Stigma: Communication and Support

Stigmas around financial struggles are pervasive and deeply damaging. They create hurdles that many people face when they encounter debt. Why should we feel ashamed of needing help? It’s crucial to remember that struggling with finances doesn’t define us. It’s just one aspect of life.

Exploring Stigma

Many individuals feel isolated because of their debt. The anxiety tied to financial worries can lead to sleepless nights and increased stress levels.

“It’s horrible. I struggle every single day.” – Steve

When many of us encounter financial difficulties, we often keep quiet. Why do we hesitate to share our challenges? Fear of judgment holds us back. However, discussing our experiences can help create support networks that provide comfort and understanding.

Importance of Open Conversations

Open conversations about debt can foster a sense of community. When we share our stories, we often discover that many others are facing similar situations. This connection can act as a lifeline. Here are a few key points to consider:

  • Normalize discussions about debt: Talking openly reduces the shame often associated with financial struggles.
  • Share coping strategies: Learning from others can empower us to handle our situations better.
  • Encourage help-seeking: Remind one another that it’s okay to seek professional help.

Engaging Support Systems

Our support systems can play a significant role in our recovery. Friends, family, and professionals can offer insights and support. However, we need to reach out.

Many people fear judgment when discussing their troubles. By sharing our experiences, we help dismantle that stigma, paving the way for others to seek help. Community resources can also lighten the load. Connecting with professionals to manage debt can provide valuable guidance.

Financial Health, Debt and Mental Health: The Path Forward

Debt can feel like an anchor dragging you down into the depths of despair. The stress from these financial burdens is palpable and often leads to anxiety and insomnia.

Actionable Steps for Financial Struggles

So, what can we do about it? Taking proactive steps is key. Here are some simple yet effective actions:

  • Talk to someone you trust. It’s essential to share your struggles with a family member or friend. You might find they offer understanding or helpful advice.
  • Seek professional help. Don’t hesitate to reach out to a financial advisor or therapist. Guidance can illuminate a path to recovery.
  • Be mindful of your financial choices. Making conscious decisions to improve your financial health can ward off future stress. Consider your spending habits carefully.
  • Just say no to unnecessary debt. It’s often wiser to delay gratification than to dive into additional liabilities.

Reflecting on Your Financial Habits

We all need to reflect on our financial habits. Are we overspending? Can we live with less? Understanding our financial behaviour is vital.

Ultimately, addressing debt is not simply about crunching numbers; it’s about improving our financial health and overall quality of life. We must recognize the emotional toll debt can take on us. If you’re struggling, remember that reaching out for help is a courageous first step toward healing.

This comprehensive look at how debt influences mental health is a crucial reminder of their interconnectedness. Let’s face this with awareness and caution, aiming for a healthier financial future that can also boost our mental well-being. After all, it’s never too late to take control and change the narrative surrounding our finances.

Financial Health FAQ

1. How does debt impact mental health?

Debt is more than just numbers; it’s a significant stressor that can severely impact mental well-being. The constant worry about finances can lead to anxiety, insomnia, and even changes in eating habits. Many individuals experiencing debt-related stress report feeling overwhelmed and isolated, impacting their relationships and overall quality of life.

2. What are some unhealthy ways people cope with debt stress?

Unhealthy coping mechanisms for debt stress include:

  • Overspending: Seeking temporary relief through shopping, leading to a cycle of increased debt.
  • Substance Use: Turning to drugs or alcohol to numb the stress, potentially leading to addiction.
  • Gambling: Trying to win back lost money, often resulting in further financial losses and deeper debt.
3. What are some healthy ways to cope with debt stress?
  • Open Communication: Talk to trusted friends, family, or a therapist about your struggles. Sharing your experience can alleviate feelings of isolation and shame.
  • Seek Professional Help: Consult a financial advisor to create a plan for managing your debt and regaining control of your finances.
  • Build Support Networks: Connect with others who understand your situation. Support groups or online communities can offer valuable advice and encouragement.
4. Why is it important to break the stigma around financial struggles?

The stigma surrounding debt prevents many from seeking help. Open conversations about financial difficulties can:

  • Normalize the experience: Realizing that others face similar challenges can reduce shame and encourage help-seeking.
  • Facilitate sharing of coping strategies: Learning how others manage their debt can empower individuals to find solutions.
  • Promote seeking help: Encouraging each other to reach out to professionals can lead to positive change.
5. What are some practical steps to address debt?
  • Create a Budget: Track your income and expenses to identify areas where you can cut back and save.
  • Prioritize Debts: Focus on paying off high-interest debts first to minimize the overall cost of borrowing.
  • Negotiate with Creditors: Contact your lenders to explore options for lower interest rates or payment plans.
  • Explore Debt Consolidation: Combining multiple debts into one loan with a lower interest rate can simplify payments and save money.
  • Seek Credit Counselling: A credit counsellor can guide budgeting, debt management, and financial planning.
6. How can I differentiate between needs and wants to manage spending?
  • Needs: Essential expenses crucial for survival and well-being, such as housing, food, healthcare, and basic transportation.
  • Wants: Discretionary expenses that enhance your lifestyle but are not essential, such as entertainment, hobbies, travel, and luxury items.

Prioritize needs over wants when making financial decisions. Delay or defer wants until you have met your essential needs and are on a stable financial footing.

7. What is Lifestyle Inflation Management, and why is it important?

Lifestyle Inflation Management (LIM) is the practice of controlling lifestyle expenses to prevent them from exceeding your income. It involves making mindful choices to ensure that increased income translates into savings, debt repayment, and long-term financial goals, rather than simply increased spending.

8. Where can I find additional resources and support?

There are various resources available to help individuals facing financial challenges:

  • Financial Institutions: Banks and credit unions often offer financial education programs and counselling services.
  • Government Agencies: Many countries have government agencies dedicated to providing financial guidance and support.
  • Non-Profit Organizations: Numerous non-profit organizations specialize in debt management, credit counselling, and financial literacy.
  • Online Resources: Websites and online communities offer information, tools, and support for managing finances and overcoming debt.

Financial Health Conclusion

Debt and financial health extend beyond mere numbers – its effects on mental health are profound and pervasive. Understanding this connection is crucial for those facing financial struggles to seek help and break the stigma around discussing such issues.

I hope you enjoyed this financial health Brandon’s Blog. Do you or your company have too much debt? Are you or your company in need of financial restructuring due to distressed real estate or other reasons? The financial restructuring process is complex. The Ira Smith Team understands how to do a complex restructuring. However, more importantly, we understand the needs of the entrepreneur or someone with too much personal debt.

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

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

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

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

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

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

financial health
financial health
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CONSUMER DEBT PROPOSALS: UNLEASH THE MANY PROFOUND BENEFITS OF ELIMINATING DEBT

consumer debt proposals
consumer debt proposals

consumer debt proposals

Consumer debt proposals eliminate your debt stress

Are you stressed out and overwhelmed by debt and don’t know how to begin to eliminate it? We know your pain and can help you because this Brandon’s Blog “Consumer Debt Proposals: The Ultimate Solution for Managing Debt” has got you covered! I provide realistic advice on how to manage and even get rid of debt through a binding debt settlement agreement.

I describe what consumer debt proposals are all about and also look at other debt-relief options like debt consolidation and credit counselling. I will also talk about the recent Canadian government’s warning about taking on high-interest debt from certain companies.

Consumer debt proposals: How Does a Consumer Proposal Work?

If you’re in a tough spot financially, in Canada you can submit a consumer proposal if you owe $250,000 or less (not including any debt registered against your home is one of the types of secured debts that must be paid according to your secured loan repayment terms). It’s an official way to get some debt relief, and it’s all legit according to the Bankruptcy and Insolvency Act. Basically, you work with a Licensed Insolvency Trustee who helps you come up with a plan for paying off what you owe. Then you negotiate with your creditors and hopefully, they accept the proposal.

Making a consumer proposal that unsecured creditors will accept is one of the debt solution alternatives to bankruptcy that requires a few steps to get it done:

  • Reach out to a qualified Licensed Insolvency Trustee and book a no-cost debt assessment consultation.
  • During the appointment, answer any questions the Trustee may have truthfully and to the best of your ability.
  • The Trustee will work with you to come up with a payment plan that fits into your budget and allows you to pay off your debt.

Once you’ve submitted your consumer proposal, your creditors will look it over and then decide if they want to accept it as is or negotiate an adjustment (higher) to your periodic payments to eliminate the amount you owe. They have the option to do either one.

Your creditors can decide to:

  1. Agree to the terms you have proposed (cast their vote in favour).
  2. Decline the terms (vote no).
  3. Decline the terms and suggest a meeting with creditors.
  4. Take no action (which is the same as voting yes).

Your consumer proposal is automatically approved unless more than 25% of the dollar value of the claims of your creditors indicates that they would like to have a meeting of creditors. In that case, that is what will happen.

Once you’ve taken the step of filing for a consumer proposal, you’ll be able to rest easy knowing that you have immediate legal protection from creditors and debt collectors through this financial and legal process. This is called a stay of proceedings where your creditors cannot chase you for the money you owe.

Filing under the bankruptcy process in Canada isn’t your only option! You can work out a legally binding agreement with your creditors through the popular alternative and powerful alternative of consumer debt proposals. With a consumer proposal, you and your creditors can come to an agreement on what portion of the debt you can pay off- and the rest will be written off!

consumer debt proposals
consumer debt proposals

Consumer debt proposals: The voting process

When it comes to a consumer proposal, it’s important to understand the process of how creditors come to a decision to accept or reject the plan. This section will provide insight into how the voting process works.

Once a consumer proposal is submitted, creditors are allowed 45 days to express their decision. They can either accept the proposal or reject it in one of the following ways: replying to the Licensed Insolvency Trustee with their acceptance, not responding at all (which is seen as approval), communicating their rejection or requesting a meeting of creditors.

At the creditors’ meeting, creditors will have the opportunity to decide whether to accept the consumer proposal as is or to make adjustments to it.

Consumer debt proposals: What happens if your offer is approved?

If your proposal gets the green light, you’ll need to abide by what you promised – whether that’s a single payment or regular installments to the Licensed Insolvency Trustee. Plus, you must meet any other conditions that were laid out in the proposal.

In a successful proposal, you can keep your assets (as long as you keep paying what you owe to creditors who have a lien on your assets), and go to the two financial counselling sessions held by the Licensed Bankruptcy Trustee. Of course, you’ve got to pay the Licensed Bankruptcy Trustee on time over the entire period of time your proposal is for.

Failure to do so could result in the revocation of the proposal, the accrual of interest and fees, and even legal action. It’s important to remember that while a consumer proposal can provide much-needed relief, it’s ultimately up to you to stay current with the payments you promised to make.

consumer debt proposals
consumer debt proposals

Consumer debt proposals: What happens should your consumer proposal be declined?

If 50% or more of the creditors vote to reject the consumer proposal, then the Licensed Insolvency Trustee must issue a notice and the consumer proposal dies. In this situation, creditors are free again to pursue collection actions against the debtor.

If 25% or more of the creditors request a meeting, that meeting is referred to as the Meeting of Creditors. At this meeting, an agreement will try to be reached by a majority of the creditors. If the agreement can not be reached, the debtor may need to amend the proposal and resubmit it or look for other ways to solve their financial issues.

If a consumer proposal is declined, it means that the creditors do not agree with the terms of the proposal put forth by the debtor. The main reasons for rejection may be that the debtor is not offering enough money or has proposed an unsuitable repayment schedule.

It is important to note that if you fail to fulfill the requirements of your consumer proposal, it will be deemed null and void. However, it does not free you from your existing debt, and the failure to adequately repay your loans or pay off debts within the terms of the agreement could affect your credit score. Collectors for debts are within their right to renew collection calls and seek legal action for retrieving the debts that they owe. They can sue you and if they get a judgment, they can then get a wage garnishment against you. It is never recommended to default on a consumer proposal.

Consumer debt proposals: If you fulfill the requirements of your consumer proposal

If you fulfill the requirements of your consumer proposal, you will have successfully completed the agreement between yourself and your creditors. This means that you will have made the agreed-upon payments and met all other terms of the proposal. The balance of your unsecured debts that you did not pay off is also eliminated if you fulfill the requirements of your consumer proposal.

One of the benefits of fulfilling a consumer proposal is that you will have lower regular payments monthly, which are based on what you can afford, rather than high monthly payments regardless of your income. Additionally, you will have protection from creditors, as they will not be able to contact you or take money directly from your wages.

After fulfilling a consumer proposal, it will come off your credit report maintained by the Canadian credit bureaus three years after the completion. This report will show that the consumer proposal has been successfully completed and you can rebuild your credit rating and credit score simultaneously.

You will also receive from the Licensed Insolvency Trustee (LIT) acting as the Administrator in your consumer proposal a “Notice of Successful Completion of Consumer Proposal”. This is a very important document, as you will be able to provide it to current or future credit grantors to prove that you successfully completed your consumer proposal and avoided personal bankruptcy.

It is important to note that if you fail to fulfill the requirements of your consumer proposal, it will be deemed null and void. However, it does not free you from your existing debt, and the failure to adequately repay your personal loans, lines of credit or pay off debts within the terms of the agreement could negatively affect your credit score. Creditors are within their right to use collection activity and use legal action for retrieving the debts that you owe. It is never recommended to default on a consumer proposal.

consumer debt proposals
consumer debt proposals

Advice for Consumers: Considerations for Debt Relief and Credit Repair Services

Improving your credit score or credit rating will take time, and requires showing creditors that your habits have improved and that you are paying back your debt on time. Be cautious when seeking help to pay off debt or repair your credit, as some companies may offer misleading solutions. I have been warning about the dangers of such “for-profit” debt settlement companies for years now.

One option for getting help with debt is a debt management plan, which is an informal proposal made by a non-profit community credit counselling agency credit counsellor to your creditors on your behalf. This plan consolidates your debts into one affordable monthly payment and in some cases, you may not have to continue to pay interest on your debt.

However, consumers should be aware that the “for-profit” debt settlement companies may charge high fees, including upfront or advance fees, and may not be able to get creditors to reduce your debt. Additionally, it is important to note that even while using a debt management plan, you are still required to keep making payments on any other debts you owe, which may result in no change to your credit score.

Overall, it is important to be cautious when seeking help to pay off debt or repair your credit and to thoroughly research any company or solution before proceeding. It is also important to consider the potential consequences, fees and overall effectiveness of the solution. A LIT during an initial no-cost consultation will provide many of the services that a “for-profit” debt management company charges for.

Consumer debt proposals: Organizations or firms cannot guarantee the resolution of your financial obligations

Be aware of companies or agencies that claim they can quickly resolve your debt problems by negotiating a deal with the companies you owe money to and letting you only pay back a fraction of your debt. These promises may not be reliable, so it’s best to be wary.

It’s important to remember that if certain creditors don’t agree to your payment plan, you may need to work out a different agreement with them directly. Alternatively, you can consult a LIT about doing a consumer proposal.

It’s also worth keeping in mind that anyone can call themselves a debt consultant, but that doesn’t mean they have the proper training or they’ll be able to help you with your finances.

consumer debt proposals
consumer debt proposals

Consumer debt proposals: No company or agency can give you a fast and easy boost to your credit rating

No Canadian debt consultant, company, or agency can promise a fast solution to your credit score. Improving your credit rating takes time and commitment; you have to show a history of paying your debts punctually.

If you’re looking to boost your credit score, one option to consider is a non-profit credit counselling agency. A credit counsellor can offer a variety of services like one-on-one advice, group sessions, and tips on how to better manage your debt. Just keep in mind that simply talking to a credit counsellor won’t do the trick.

If you’re looking to give your credit score a boost, try paying off some of what you owe. Bringing down your debt-to-credit ratio to under 75% of your credit limit will help. You could also ask your credit card companies or financial institution lenders to raise your credit limit and perhaps even amend your terms of repayment (though the latter will be very difficult) – that’ll help increase your credit score. Ideally, try to use less than a third of your available credit and keep it low, ideally below 30%.

Remember, there’s no shortcut when it comes to improving your credit score. Anyone promising you the fast and easy way is not looking out for your best interests. It takes determination and effort to get your credit back on track. Do your research and make sure you understand any associated fees or consequences before you commit.

Consumer debt proposals: Paying off a consumer proposal early

Sure, you can settle your consumer proposal early, but that might not be the best choice for everyone.

If you’ve got the funds, paying off your consumer proposal earlier could help kickstart your credit repair – but don’t expect it to save you money or guarantee a good credit rating. So think carefully before you commit to paying it off early. In the following section, I describe a very troublesome issue which has now attracted the attention of the Office of the Superintendent of Bankruptcy Canada (OSB).

Paying off your consumer proposal early will do wonders for your mental health – and it’s perfectly acceptable! It’s no secret that financial hardship is incredibly stressful, and five years seems like a lifetime. So treating yourself to an early payoff will help you feel a huge weight being lifted off your shoulders.

If you want to shorten how long your consumer proposal lasts, you can change how often you make your proposal payments. Usually, they’re monthly, but if you switch to making extra payments by paying bi-weekly, you can pay off your proposal faster. Once you’re done paying off your consumer proposal, the unsecured debts you’ve been worrying about will be marked as taken care of on your credit report.

consumer debt proposals
consumer debt proposals

Consumer debt proposals: LITs cannot talk you into getting a loan with a high-interest rate to pay off your consumer proposal early

On January 11, 2023, the OSB issued its position paper titled “LITs Promoting and Facilitating Loans to Debtors“. The problem is that some lenders are offering high-interest loans to people who are about to or are going through a consumer proposal. It looks like they’re giving loans to help people pay off their consumer proposals early, but it’s really just taking advantage of people’s tough financial situations.

The OSB has noticed that some LITs are promoting and encouraging people to take out loans without mentioning the potential drawbacks. They do this by talking up the positives and downplaying the negatives, and they may even pressure people into taking out a loan.

The OSB has come to the conclusion that it’s not in line with the Code of Ethics for Trustees or a LIT’s duties under the Bankruptcy and Insolvency Act and General Rules for LITs to promote or facilitate such loans. Furthermore, such actions are not allowed.

There is also evidence that LITs who receive engagements directly from “for-profit” debt consultants, may be entering into inappropriate arrangements with them. No trustees should ever accept a commission, payment, or any other type of reward from a third party for recommending work concerning a professional engagement, nor should they give out any commission, compensation, or another type of benefit to a third party for obtaining a professional engagement.

For the record, my Firm does not have any arrangements with any party regarding the referral of files and we neither accept nor pay a referral fee

Paying off your consumer proposal early isn’t really an issue. In fact, it can be great if you can afford it thanks to a financial windfall or change in circumstances. Everybody benefits in that scenario. But if you don’t have the means to pay off your consumer proposal quickly, don’t worry. Don’t take out an interest-bearing loan to pay off a consumer proposal. The consumer proposal itself should be considered an interest-free loan.

Look, if a debtor is trying to rebuild their credit with a loan after insolvency, there’s nothing wrong with that. They’re making the choice themselves, so it’s all good. In this case, LITs should explain the pros and cons of these loan products to the debtor. And, it’s important that they don’t push any company or product in particular.

The OSB believes that LITs should not be promoting or facilitating loans since it contravenes the Bankruptcy and Insolvency Act and its Rules. This practice has a negative impact on the LIT profession and the insolvency system. The OSB will be keeping an eye on this issue and taking appropriate action.

You Have Outstanding Financial Obligations — Consumer Debt Proposals

I hope you enjoyed our consumer debt proposals Brandon’s Blog.

There are many financial blogs. Ours focuses mainly on issues of importance to those individuals and businesses with financial challenges or worse, financial hardship, caused by debt problems. Income and cash flow shortages are critical issues facing Canadians, be they employees, entrepreneurs or companies and businesses with debt problems. Are you now worried about just how you or your business are going to survive? Those concerns are obviously on your mind. Coming out of the pandemic, we are now worried about its economic effects of inflation and a potential recession.

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

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

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

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

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

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

consumer debt proposals
consumer debt proposals

 

 

 

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Brandon Blog Post

POLL SAYS CANADIANS WANT TO PAY OFF DEBT IN 2023: A STEP-BY-STEP PLAN

to pay off debt
to pay off debt

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Canadians want to pay off debt in 2023: CIBC survey overview

The latest Canadian Imperial Bank of Commerce (CIBC) analysis shows that Canadians aim to pay off debt in 2023. This is good news, as being in debt can lead to banking aches and pains for individuals and families and places everybody in a difficult financial situation.

The COVID-19 pandemic has resulted in big changes and has motivated Canadians to place more importance on debt repayment. To ensure debt reduction and lowered stress levels in 2023, individuals should actualize a plan to pay off debt through a smart planning process.

Canadians want to pay off debt in 2023: CIBC survey specifics

According to the CIBC Financial Priorities poll,

Canadians articulate debt reduction as their primary banking goal for the year followed carefully by staying current with bills and growing investments.

The study results, with its integrated margin of error, disclosed that the majority of participants (73%) expressed issues over the prospective threat of the present financial atmosphere of a possible economic recession. Nonetheless, a majority likewise felt safe in their financial situation, with 62% asserting to be prepared for the unanticipated and 59% thinking their financial stability would certainly remain intact despite an economic downturn.

25% of those questioned identified saving cash as another objective. This was followed by avoiding brand-new debt, saving for a getaway, and also cutting optional spending. The key source of newly added debt was cited as the higher cost of living, which was followed by unforeseen expenditures.

Recently, Canadian workers have had more anxiety about their job security, with six in ten, saying that this ambiguity makes it problematic to plan for the future. This is additionally complicated by the uncertainty of a recession.

With this overhanging job insecurity, 60% of respondents point to this ambiguity as adverse to their ability to plan. Canadians need to amend their financial goals, lower their expenses, and if able, contribute to an emergency fund for emergencies.

to pay off debt
to pay off debt

Canadians want to pay off debt in 2023: Are recessionary fears justified?

It is difficult to forecast the potential of an economic recession in Canada in 2023, owing to the fact that economic conditions can fluctuate quickly and are subject to a multitude of influences. An economic recession is usually defined by a sharp decrease in economic performance, such as a decline.

Economic recessions are typically characterized by a substantial drop in economic activity, such as a cutback in Gross Domestic Product (GDP) or an upswing in unemployment. While it is imperative that individuals and companies are prepared for potential economic downturns, it is not feasible to predict them with any certainty.

The performance of key industries within Canada is a key factor to consider, particularly with regard to the oil and gas sector. A decrease in these industries could have a marked effect on the nation’s economy. The elevated levels of domestic debt coupled with the deceleration in the housing market is another cause for alarm.

Another essential element to bear in mind is the current condition of the international market. A contraction in primary trading countries, such as the USA, could considerably influence Canada’s export-oriented economy. Furthermore, lingering doubts about trade conflicts and the COVID-19 outbreak remain.

It is paramount for individuals and businesses to remain apprised of economic conditions and to be ready for any eventuality. Strategies for doing this may include diversifying investments, preserving an emergency fund, and keeping abreast of economic news and developments.

Canadians want to pay off debt in 2023: A Step-by-Step Plan

The financial burden of debt is no mystery to Canadians, according to the CIBC survey. Not only do debt repayment concerns take the lead – with an average of $1.78 owed for every dollar of disposable income – but saving for the future is also a priority for many (29%). It is clear that Canadians are feeling the strain of debt, and are at least seriously talking about making a plan for the future.

The survey revealed that Canadians aged 18-34 are more likely to prioritize establishing financial security and accumulating wealth, whereas that aged 55+ focus more on debt reduction. This can be attributed to younger Canadians being at the start of their working lives while older Canadians can see retirement coming up.

Canadians of all ages are feeling the pressure of debt. If you are seeking to address your debt issues in the coming year, here are a few strategies to assist you in beginning your journey toward financial health:

Make a budget: To effectively manage your debt, you must have a complete understanding of your financial obligations. Prepare a comprehensive list of all debts, including credit cards, student loans, and mortgage payments. Subsequently, formulate a budget that incorporates your income and expenditure to identify areas of potential savings and available funds to pay off debt.

Consider consolidating your debts: If you owe multiple creditors with high-interest rates, consolidating these debts into a single loan with a lower rate of interest could help you save money on interest payments and make repaying your debts simpler. This may be possible through a balance transfer credit card, personal loan, or a home equity loan.

Pay more than the minimum: When considering credit card debt, it is advantageous to make payments greater than the minimum requirement on a monthly basis. This action will minimize the amount of interest payable and expedite your ability to pay off debt.

Look into balance transfer credit cards: If you are burdened with a credit card debt with a high APR, you can save money by transferring the balance to a credit card with an introductory zero or a lower interest rate. It is essential to ensure you pay off the balance before the introductory rate period expires.

Create a plan: Formulating a debt repayment plan can help maintain motivation levels and keep one on the path to success. This can involve establishing monetary objectives and assessing progress toward their fruition.

Be patient: Eliminating debt can be a protracted and arduous journey, yet remaining patient and devoted to one’s objective is of immense importance. Although it may take some time, the rewards of being debt-free will prove to be a satisfactory conclusion.

Seek professional help: If you are struggling to make payments on your existing debts and do not know where to turn, you may wish to consider obtaining the services of a licensed insolvency trustee financial professional. This professional is able to assist you in formulating a financial plan to restructure your debt, eventually leading to its elimination, and restoring financial stability to your life.

Ultimately, the CIBC survey revealed that most Canadians are aiming to pay off their debt in 2023. This is likely attributable to the economic effects of the COVID-19 pandemic and low-interest rates. To successfully achieve this goal, Canadians can devise a budget, pay more than the minimum, and contemplate debt consolidation. If you are not able to pay off debt on your own to a satisfactory low amount, seek a no-cost consultation with a licensed insolvency trustee.

to pay off debt
to pay off debt

Do you need help to pay off debt in 2023?

Debt repayment can be difficult, but it is achievable with strategic planning and commitment. If debt reduction is a priority for 2023, it is prudent to access the appropriate resources and assistance necessary to make it a reality.

I hope you enjoyed my Canadians want to pay off debt in 2023

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

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

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

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

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

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

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

to pay off debt
to pay off debt
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GAMBLING HELP ONTARIO: BEATING THE ODDS AND CONQUERING GAMBLING ADDICTION AND DEBT

gambling help ontario
gambling help ontario

gambling help ontario

Gambling help Ontario: What is gambling?

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

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

Gambling help Ontario: What is gambling addiction?

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

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

gambling help ontario
gambling help ontario

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

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

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

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

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

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

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

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

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

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

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

gambling help ontario
gambling help ontario

Gambling help Ontario: How do I stop gambling?

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

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

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

Gambling help Ontario: Strategies for managing debt from gambling

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

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

    gambling help ontario
    gambling help ontario

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

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

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

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

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

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

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

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

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

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

gambling help ontario
gambling help ontario

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

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

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

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

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

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

You can create a unique payment plan to conquer debt and achieve financial success! It will be as unique and extraordinary as the challenges and struggles you are facing. If any one of these seems familiar to you and you are serious about getting the solution you need to become debt-free, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost bankruptcy consultation.

gambling help ontario
gambling help ontario
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TORONTO PAYDAY LOANS: UNLOCKING FINANCIAL FREEDOM OR PAINFUL FINANCIAL SLAVERY?

Toronto payday loans
Toronto payday loans

Toronto payday loans popularity

The city of Toronto is Ontario’s largest city and is home to a growing number of individuals and families who are financially strapped and in need of quick financial assistance. Payday loans, which are short-term personal loans typically used to cover unexpected expenses, are becoming increasingly popular amongst Toronto residents due to the ease and convenience of applying for this quick loan product.

Payday loans offer borrowers immediate access to capital (either the same or within 1 business day) and these cash loans can be used to cover emergency costs, such as medical bills or car repair costs, when you don’t have the money to do so otherwise. There are many payday loan lenders in Toronto, each offering different terms and conditions regarding loan amounts, repayment terms, and fees. The one thing all of these providers with their alternative payday loans have in common is that the financial solutions they offer are very pricey.

This Brandon’s Blog provides a beginner’s primer to the Toronto payday loans industry. We will analyze the associated regulations, and different loan options, and provide some practical advice.

Toronto payday loans regulations

Payday lenders are usually the first and also the last stop for those who would be unable to secure a loan through more traditional banking institutions. They are the most vulnerable so the province implemented additional regulations to further regulate this industry. The Government of Ontario has enacted regulations for payday loan services in Toronto and the rest of Ontario. It is an essential part of trying to protect consumers residing in one of Canada’s most populous provinces. These regulations are aimed at ensuring that individuals accessing this kind of short-term loan services are provided with effective consumer protection.

The city of Toronto defines Toronto payday loans lenders as any establishment providing payday loans from physical locations, or any portion thereof, operating as a payday lender as outlined in the Ontario Payday Loans Act. In 2018, the City of Toronto limited the number of permits issued to businesses that offer payday loan services, setting the cap at the number of licenses already issued by that time.

Toronto payday loans
Toronto payday loans

Ontario Payday Loans Act

The Ontario Payday Loans Act, 2008, S.O. 2008, c. 9 has been established to enforce regulations on the payday loan industry in Ontario. Since its implementation, numerous amendments have been made in an effort to safeguard consumers in Ontario who utilizes payday loan services. This piece of legislation lays out the requirements for eligibility, the maximum allowable rate of interest, and various repayment plan choices.

Four key provisions of this Act are:

  1. The borrower retains the right to settle any or all of the payday loan prior to the expiration of the loan agreement. The lender is not authorized to receive or request any part of the borrowing cost from the borrower prior to the end of the payday loan contract.
  2. The cost of borrowing related to a payday loan agreement may be limited if the amount of the advance is $1,500 or less (or, if a different amount is prescribed, that amount or less) and, if the agreement has a duration of 62 days or less (or, if a different number of days is prescribed, that number).
  3. A lender is permitted to levy a charge of up to 2.5 percent per month on the unsettled principal balance in the event of delinquency, not compounded unless an alternative rate has been explicitly prescribed.
  4. A payday loan agreement should not impose any default charges upon the borrower beyond reasonable legal costs incurred by the lender in attempting to collect the required payment. A dishonoured cheque, pre-authorized debit, or other instruments of payment may incur a fee of up to $25.

The Canadian Criminal Code sets the maximum interest rate that can be charged in Canada at 60% per annum. However, payday lenders are exempt. So in spite of the federal and provincial guidelines, payday lenders in Ontario are typically authorized to collect interest of $15-$20 for every $100 borrowed. When expressed as an annual percentage rate (APR) – the same metric applied to credit cards, mortgages, auto loans, etc. – this translates to the cost of borrowing permitted being an APR ranging from 391% to more than 521%!

What other paperwork is required for making an application for Toronto payday loans?

When applying for Toronto payday loans, it is important to ensure you have all the necessary documents to submit alongside your application. These documents include:

  • government-issued photo identification, such as a driver’s license or passport;
  • a void cheque or a debit payment authorization form;
  • an active bank account statement with 30-60 days of account activity;
  • proof of where you live, such as a utility bill; and
  • a recent pay stub to prove your source of income and your regular income or monthly salary.

It is important to note that these documents are used to verify your identity and demonstrate your financial status.

Toronto payday loans
Toronto payday loans

Toronto payday loans interest rates and fees

Payday loan interest rates and fees in Toronto can vary greatly depending on the lending institution. Credit scores play an important factor in determining the applicable rate, as each lender has their own set of policies and regulations. Alongside the interest rate, fees also are charged.

When considering Toronto payday loans, it is essential to investigate and compare the various lenders available to ensure you secure the most competitive interest rate and fees. Prior to signing any loan agreement, be sure to read it thoroughly and check that all applicable fees and interest rates are correctly stated.

The Toronto payday loans application process

If you can’t make it to one of the brick-and-mortar payday loan locations for a time of day during regular business hours, don’t fret about it. Toronto payday loans have an application process that can be easily completed through one of the many online payday lenders with payday loan online applications which can be completed with minimal effort. Simply provide one of these online lenders with your personal and financial information and they will assess your eligibility. Upon passing the approval process, access to funds can be accessed by way of transferring to your account in a timely manner.

Before beginning the application process for Toronto payday loans, it is essential to thoroughly familiarize yourself with all the applicable terms and conditions. Furthermore, it is highly recommended to plan and budget for the loan repayment in order to avoid any extra fees and charges.

Toronto payday loans
Toronto payday loans

Toronto payday loans: What if I am on ODSP?

A certain group of Canadians use the convenience of quick access to short-term funds. But for those receiving Ontario Disability Support Program (ODSP) payments in Toronto, the question becomes: is it possible to apply for and receive an online payday loan?

The answer is not so simple, as many lenders have restrictions against lending to individuals receiving ODSP.

Toronto payday loans: The Canadian government survey

The Financial Consumer Agency of Canada (FCAC) performed a study on payday advance loans, producing insightful and sometimes surprising results. The survey exposed that, while cash advances are a practical method for customers to gain access to credit, they are a pricey form of loan, with a common interest rate of 546%. Moreover, fewer than 43% of respondents recognized the loan terms for this kind of financing.

The findings also indicate that a large proportion of individuals lack the financial literacy needed to make sound borrowing decisions that are beneficial to their financial situation. It has been observed that the percentage of Canadian households using these forms of debt has risen significantly in recent years, reaching 4%. Furthermore, 45% of the respondents indicated that they commonly resort to such loans to cover unexpected expenses.

Survey results showed that 41% of respondents utilized temporary payday advance loans for necessary and also predicted costs. Consider that statement. Another way of phrasing it is that 41% of the people who participated in the study said that they use payday advances to get cash for budgeted costs (although I am certain none of those individuals actually put together a budget plan). That indicates that their anticipated regular monthly expenditures are greater than the money they earn each month.

According to the survey, the majority of users of these types of loans tend to have lower to moderate incomes, with over half reporting annual incomes of under $55,000. However, it should be noted that approximately 20% of users who answered the survey stated that their household incomes were above $80,000 and 7% of respondents said they had a household income in excess of $120K.

The survey results, not surprisingly, showed that most of the users rarely looked for financial advice even when it was needed.

Toronto payday loans
Toronto payday loans

Toronto payday loans: Are there alternatives?

For those with a bad credit history, a bad credit score or for whatever reason no access to traditional banking and financial institutions, payday loans are an expensive option but are normally the only option. Toronto residents have access to several alternatives which may provide a more cost-effective solution. Some of these alternatives include credit unions, installment loans and peer-to-peer lending.

Many times when people have to resort to Toronto payday loans it really means that they are experiencing serious financial difficulties. The best option, rather than taking on payday loan debt is to seek help from either a non-profit credit counselling agency or even seek a no-cost consultation from a licensed insolvency trustee.

The unfortunate truth is that Toronto is an incredibly costly city to live in. If a single person or a family is making only $55,000 a year, they are barely scraping by. No matter how much financial knowledge and understanding one has, the reality remains the same. Therefore, it is essential that we start educating children in school so they will gain an understanding of what I believe are the 3 main foundations of financial literacy:

  • the cost of credit;
  • the need for emergency savings; and
  • seeking professional advice for both financial opportunities or financial problems.

Tips for repaying Toronto payday loans

Payday loans can be a great way to manage your finances in a pinch, but it’s important to remember to pay them back on time. Here are five tips to help you successfully repay payday loans in Toronto:

  1. Set a repayment date and mark it in your calendar. Knowing when your payday loan payment is due will help you plan and budget accordingly.
  2. Make more than the minimum payment. Paying more than the minimum will help reduce the total amount of interest you pay over the life of the loan.
  3. Pay by direct deposit whenever possible. Setting up direct deposit for your loan payments can help ensure that you never miss a payment.
  4. Call your lender if you can’t make your payment. Most lenders will be willing to work with you to reschedule your loan payment if necessary.
  5. Create a budget and stick to it. Developing a budget and sticking to it will help you avoid taking out more payday loans in the future.

Toronto payday loans: Instant approval of instant problems?

I hope you enjoyed this Toronto payday loans Brandon’s Blog.

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

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

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

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

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

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

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

Toronto payday loans
Toronto payday loans
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Brandon Blog Post

CONSUMER PROPOSAL CALCULATOR: CONSUMER PROPOSAL GREAT SECRETS REVEALED!

consumer proposal calculator
consumer proposal calculator

Consumer proposal calculator: When should you think about a consumer proposal?

Debt can be a heavy burden, and it seems like there’s no end in sight. If you’re having a hard time making ends meet and debt is taking over your life, you may be asking yourself if a consumer proposal is right for you.

If you’re finding it impossible to pay off your financial debt, a consumer proposal could be a perfect choice for you. As soon as approved by your creditors and also authorized by the court, a consumer proposal is an enforceable deal between you and your creditors. You only need to pay off a part of your financial debt and in return, they write off the balance. This is an excellent method to pay off your debt as well as get your life back on course.

There are 2 main points to keep in mind when thinking of a consumer proposal. First, just an insolvency trustee (Trustee) can carry out a consumer proposal. They will first evaluate your situation and determine if this is the very best choice for you.

Secondly, you need to be able to make the promised payments to the Trustee. If you cannot, then a consumer proposal may not be right for you. There are also several non-insolvency debt relief options for people when looking at their unsecured debt and I describe them below.

Knowing how much you may need to pay in a consumer proposal in order to extinguish all of your unsecured debt is an important part of the decision-making. That is why I created this consumer proposal calculator located down below in this Brandon’s Blog.

Consumer proposal calculator: Option 1 – Pay off your debt on your own

If you have adequate savings and are in a financial situation to pay your financial obligations in a timely manner, excellent. Yet that is not every person’s circumstance. It’s not unusual for individuals to find themselves in a state where they have financial obligations coming due for payment, but, they do not have the cash. If you’re in this situation, you might be unsure about exactly how you can repay the money you owe but do not have.

There are a couple of things you ought to remember if you’re seeking to pay off the financial debt by yourself. First, you need to ensure you have a clear plan for exactly how you’re likely to pay off the money. This means establishing a budget plan and staying with it.

Second, you ought to keep communication open with the individual or company you owe the money. By doing this, they’ll understand what you’re doing to pay back the debt and can provide support if needed.

Finally, it is very important to be patient. Settling a financial debt can take time, however as long as you’re sticking to your strategy and seeing progress, you’ll ultimately get there to financial freedom.

consumer proposal calculator
consumer proposal calculator

Consumer proposal calculator: Option 2 – Debt consolidation

Combining your financial obligations, such as the total debt on all your credit cards, into one new debt consolidation loan can aid you to become debt-free faster and get your funds back on the right track. It can help you to repay your financial debts a lot faster and also right-size your finances. Before consolidating your financial debts and making debt consolidation payments, there are a couple of things you need to understand:

  1. Prior to you trying to settle your financial debts through debt consolidation, it’s important to recognize just how debt consolidation loan payments work as well as what type of impact it can have on your credit rating.
  2. See to it that you recognize what you’re getting into. Consolidating your financial debts through new loan funding to settle your existing financial obligations, ensure you recognize the terms of the new financing, including the rate of interest and how much the regular monthly payment will be.
  3. Search for the very best deal available. There are a variety of companies that provide financial debt consolidation funding. Shop around to find the best rates of interest as well as terms.
  4. Combining your debts will lead to a lower single monthly payment. Make sure it fits into your budget.
  5. Making your new loan monthly payments on time will work to improve your credit rating.

Consumer proposal calculator: Option 3 – Credit counselling

If you’re struggling with credit card debt, you’re not alone. It’s one of the most common types of debt in Canada. But there’s help available. Credit counselling can help you get your debts under control and develop a plan for you.

Credit counselling can be a very therapeutic process that assists people to address their debt obstacles as well as enhance their total financial health and wellness. Your best choice is to go for credit counselling offered by a nonprofit credit counselling agency.

Credit counselling commonly involves working with a credit counsellor to develop a spending plan, understand your economic alternatives, and produce a plan to settle your financial debts. More often than not the credit counsellor can get your creditors to agree to allow you to pay off the principal amount of your debt without adding any more interest charges.

Credit counselling can aid you to get out of debt, improve your credit score, and also teach you how to make better financial decisions in the future. If you’re seriously thinking about credit counselling as an option for you, it is very important to pick a reputable firm to deal with in order to produce a personalized plan to address your unique financial situation.

consumer proposal calculator
consumer proposal calculator

Consumer proposal calculator: Option 4 – Debt Settlement

If you’re struggling to make your financial debt settlements and are dealing with economic difficulty, financial debt settlement may be a great choice for you. This is where you work out with your creditors to resolve your debt for less than the amount of the individual debt amounts you owe.

  1. There are a couple of points to remember if you’re thinking about financial debt settlement:
    Your credit score will take a hit.
  2. Your creditors might send your debt to their lawyer to take legal action against you or they might send your debt to a collection agency to plague you with collection calls as soon as you divulge that you cannot settle them in full.

If you’re looking at this kind of financial debt negotiation, it is very important to evaluate the pros and cons and speak with a professional advisor to see if it’s the right option for you.

WARNING:

A for-profit debt settlement company charges fees, just like any other business. Before any of your money is used to settle your personal debts, you must pay their fees upfront. No fees are charged by the non-profit credit counsellor.

When you cannot pay anymore, the for-profit debt settlement company walks you over to their friendly Trustee for you to file either a consumer proposal or an assignment in bankruptcy.

Please stay away from for-profit debt settlement companies. I do not recommend for-profit debt settlement arrangements or debt settlement programs. These types of debt counsellors are not the debt-help professionals you should go to see.

Consumer proposal calculator: Option 5 – About consumer proposals

If you’re battling with a mountain of debt, do not worry, there is help and it avoids bankruptcy. A consumer proposal is a legal process that is the only federally-approved debt settlement process. A consumer proposal can only be carried out by a Trustee.

If you’re thinking about a consumer proposal, it is very important to understand just how the process works and also what it will indicate for your financial future. I have actually written several of Brandon’s Blogs giving a comprehensive on what consumer proposals are and how they work.

If you’re insolvent and owe $250,000 or less to your creditors (excluding any secured creditor debt like mortgages or lines of credit that are secured by registration against your personal residence), you can qualify for this government-sanctioned debt settlement plan.

This could be a good option for people who are employed and can budget their money to make the required monthly payments under this plan to the Trustee. It helps to avoid personal bankruptcy, and not have to deal with collection calls from agencies anymore. This is the best alternative to bankruptcy.

For more information, check out either one of the following Brandon’s Blogs:

consumer proposal calculator
consumer proposal calculator

Consumer Proposal Calculator: What will my monthly payments be in a consumer proposal?

Here is how a debt calculator calculates your total debt and estimates what your monthly payments will be in a consumer proposal debt management plan. Below you will be asked for all your unsecured debts, including any government debt or income tax debts.

Consumer proposal calculator$
What is the total of your credit card debt?
What is your income tax debt?
What is the total of any online loan?
How much is your other government debt?
Total of other unsecured debt?
What is your payday loan debt?
Total unsecured personal loan debt?
Your total unsecured debt
# of months you wish to take to pay (max 60 months)60
Monthly payment = (Your total unsecured debt
divided by # of months) X20%

Use this consumer proposal calculator method to compare what a monthly payment would be for you under a consumer proposal as compared to what your monthly debt payments are now. Keep in mind that in a consumer proposal, you are getting rid of all your debt if successfully completed. Right now, you may only be paying the interest charges and not making any dent in the principal reduction.

To figure out your exact monthly payment, give us a call.

Consumer Proposal Calculator: We can help you with a consumer proposal

I hope you enjoyed this consumer proposal calculator on Brandon’s Blog.

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

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

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

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

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

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

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

consumer proposal calculator
consumer proposal calculator
Categories
Brandon Blog Post

CONSOLIDATION LOANS IN CANADA: IS IT POSSIBLE TO CONSOLIDATE DEBT BY USING THIS 1 SIMPLE GOING POSTAL HACK?

debt consolidation loans in canada

Debt consolidation loans in Canada

Debt consolidation loans in Canada can be an excellent means to conserve money and get your funds in order. By combining several financial obligations into an affordable single loan, you can frequently get a lower rate of interest and also reduced month-to-month payments. This can assist you to get out of debt quicker as well as save cash over time.

Prior to getting debt consolidation loans in Canada, it is very important to understand the terms of the financing and also to make sure you can afford the monthly payments. It’s also a good idea to look around and compare rates of interest and also loan terms from various financial institutions.

In this Brandon’s Blog, I discuss the concept of debt consolidation loans in Canada and a sort of new potential lender offering personal loans in Canada. I will also share another debt settlement and debt consolidation option that may be beneficial for people and companies who want to repair their financial situation.

Advantages as well as downsides of consolidation loans in Canada

Upsides

Debt consolidation loans in Canada can offer many benefits over making regular monthly payments on many different loans and debts with different interest rates. Interest rates on some debts, like credit card debt, can be categorized as high-interest debts, making it difficult to make a dent in the balance owing. if all you ever do is make the monthly minimum payment.

Consolidation loans supply a number of advantages, such as:

Reduced interest rates – Lenders normally give consumers reduced rates of interest on individual personal loans allowing them to repay their high-interest-rate credit card debt. Consolidation loans in Canada can be an excellent method to obtain a lower rate of interest and come to be debt-free quicker.

Reduce your monthly payments – Banks and credit unions usually offer debt consolidation loans in Canada with terms of up to 5 years. This, along with the lower interest rate, can help you save a lot of money in the long run and give you a lower monthly payment than the sum of the monthly payments required under your many debts.

A single payment instead of multiple payments – One of the best things about debt consolidation loans in Canada is that you only have to make one monthly payment. This makes it much easier to budget and stick to your plan. Instead of having to remember to pay six different bills each month, you only have to worry about one.

Potentially improved credit scores – Your credit report is a number that banks make use of to determine your creditworthiness. A high credit rating suggests you are a low-risk borrower, which is excellent. A bad credit rating indicates you are high-risk, which is bad.

By obtaining a debt consolidation loan, making on-time payments and paying it off on time without a payment schedule default or late payments, you are restoring your bad credit score in 2 ways. First, you have revealed that you had the ability to fully settle all of your other financial debts. Second, you are repairing your credit score by making the consolidation loan payments on time. It is not instant, yet in time, paying off debt consolidation loans in Canada will certainly improve your credit rating. Over time, you will see your credit score and credit report improve.

Downsides

There are a few downsides to debt consolidation loans in Canada, including:

Debt consolidation loans in Canada are often referred to as “easy money.” But they aren’t always easy. Even though many consumers think they qualify for a loan based solely on their disposable income, there are certain circumstances where Canadian banks will not see your monthly income in as good a light as you do. You will need collateral such as real estate, cars, boats, etc.

If you do not have these things, you may be at a disadvantage. Most banks will not lend money to someone with a low credit score unless they have some form of security, such as a car or house with enough equity. This makes sense because the lender knows that it is a debt consolidation loan you are applying for and by definition, you cannot pay off your credit card balances without their loan. They will want to protect themselves against the chance you may default on the loan.

When choosing a bank, you’ll want to compare fees, interest rates and prepayment penalties to ensure you’re getting the best deal. Keep in mind that the lowest fees don’t always mean the best overall value, so be sure to compare all aspects of the loan before making a decision. You might even consider getting one of the types of secured loans by raising money against your home through a home equity line of credit or a second mortgage. So compare your offers of secured loans and unsecured debt consolidation loans in Canada very carefully to consider all factors in deciding which is best for you.

WARNING: Stay away from private lenders, payday lenders and most alternative lenders who may provide loans just as expensive as payday loans. Their fees and high-interest loans will never be in your favour.debt consolidation loans in canada

Consolidation loans in Canada: Can you consolidate student loan debt?

Students and recent graduates who find themselves buried under student loan debt often look for help. They want to consolidate their debts into one manageable monthly payment, but this can be difficult to obtain because there are few debt consolidation loans specifically designed for them.

Many recent graduates lack the credit history or income to qualify for a consolidation loan. They also generally do not have any free assets to qualify for a single secured debt consolidation loan to pay out over a longer period of time at a lower interest rate.

Unsecured loans to young people with a little credit history will be more expensive than one to an individual with a long-established credit history. That assumes that they can even qualify for this type of loan.

For these reasons, other than perhaps for a recent graduate from either medicine or dentistry who perhaps can roll their student debt into a professional loan, it will be very difficult to get consolidation loans in Canada to consolidate student debt.

Consolidation loans in Canada: Can going postal help you reach your financial goals?

Here is a potential new source for debt consolidation loans in Canada. Although it was not set up specifically for consolidation loans, there is no reason why you cannot use the money for that purpose if you are approved.

There is a new loan program offered by Canada Post which is designed to help people who are struggling financially, especially in rural areas where access to banking institutions is limited. It is called the Canada Post MyMoney™ Loan product. The idea is that you get a loan that’s based on how much you can afford to pay back, what you need the money for, and how likely you are to repay it.

The initiative is part of Canada Post’s commitment to helping Canadians manage their finances better. Their goal is to provide easy access to financial services and products that can help people save time and money.

To have your loan application considered, you have to be either a Canadian citizen or a Permanent Resident. You must be no younger than 18 years of age and you need to have annual earnings of a minimum of $1,000. Additionally, you need to not have been bankrupt within the 2 years before applying for the loan or had any of your financial debts handed off to a collection agency within the year before applying. They will of course also do a credit check on you.

debt consolidation loans in canada

In order to receive your loan proceeds, you must have a chequing or interest-bearing account with a Canadian financial institution in your own name. Borrowers of MyMoney™ loans are not required to offer any security against assets, in contrast to secured loans from banks and credit unions. Instead, applicants need only provide proof of identity, employment history and income. Both variable and fixed-rate installment loans are offered. The actual lender is TD Bank.

Consolidation loans in Canada: Other financial debt loan consolidation choices

You may not want to take on more debt to pay off your current debt. I don’t blame you and I get it. Or you may have been denied a debt consolidation loan. Here are some other options for consolidating your debt:

Balance Transfer Credit Cards

A balance transfer is simply when you move the balance of one credit card over to another credit card. For example, if you have a balance of $5,000 on your Mastercard, you can transfer that balance to a new Visa account that offers you 0% interest for 1 year on all balance transfers.

When you switch, you won’t have to pay interest charges for 12 months. After that, you’ll need to pay off the balance in full or start making payments on the balance transferred. Of course, you’ll still accrue interest after the interest-free period on the remaining balance.

Consolidation loans in Canada: Credit counselling

Credit counselling is a service that helps individuals to manage their finances and improve their financial situation. It can be done with a range of techniques, including budgeting, negotiating with creditors, setting up a plan to repay debt and monitoring actual behaviour vs. the plan.

Credit counselling can be an excellent way for individuals to take control of their financial obligations. It can help them create a plan to settle their debt, and provide them with the tools and knowledge they need to maintain financial literacy in the future.

There are many different credit counselling services available to choose from. You should select a community-based service to avoid being charged any fees. Be sure to stay away from any counselling service that charges fees, as this will only add to your expenses when trying to reduce debt.

Consolidation loans in Canada: Debt help is available with a financial restructuring program

Financial restructuring is a complicated and difficult procedure, however, it likewise provides individuals as well as businesses with a new beginning and a brand-new lease on life. Selecting to reorganize your finances with the help of a licensed insolvency trustee will certainly have temporary challenges, but can ultimately provide you with financial relief and a fresh start.

If you are considering financial restructuring, we urge you to consult with a licensed insolvency trustee to discuss your options. We can help you understand all of your options and work with you to develop a plan that is in your best interests.

Trustees are experienced in all aspects of financial restructuring and can supply you with the information and assistance you require to make the very best decision for your situation.

The most well-known financial restructuring tool for individuals is the consumer proposal. For mid-size companies and individuals with larger debt, it is a Division I proposal. For companies with debts greater than $5 million, restructuring is accomplished through the use of the Companies’ Creditors Arrangement Act.

Here is the best part. You should consider financial restructuring as getting an interest-free loan to pay off all your debts for a fraction of what you owe. I am qualified and experienced in all forms of financial restructuring, can explain this concept to you and am always available to answer any of your questions.

Consolidation loans in Canada: Before making a decision on your financial life needs – Call me

I hope that you found this consolidation loans in Canada Brandon’s Blog informative. If you’re sick and tired of carrying the burden of debt and ready to live a much better life, we can assist. We know exactly how it really feels to be in debt as well as feel like you’re never going to get ahead. We have actually helped lots of people and businesses that were in your position reach financial stability, so we understand it’s feasible for you to prosper in your objective of ending up being debt-free. Nevertheless, it will certainly require some work on your part. We’ll be right here to assist you with every action necessary.

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 many personal unsecured debts, Credit card debt, income tax debt liability, unsecured loans or personal obligations from the running of your company or from being a business owner. These are all types of debt we can help you eliminate. We are aware of your financial difficulties and understand your concerns. Filing bankruptcy is the last option we explore only after we have exhausted all other options to avoid bankruptcy, such as financial restructuring through a debt repayment plan.

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 give you the best management advice to get you out of your outstanding 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 are sympathetic to the financial difficulties you are experiencing and would like to help alleviate your concerns. We want to lighten your load by coming up with a debt settlement plan crafted just for you.

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 would be happy to give you a no-cost initial consultation. We can find you the perfect solution to tailor a new debt restructuring procedure specifically for you, based on your unique economic situation and needs. We provide a full range of services to people and companies. If any of this sounds familiar to you and you’re serious about finding a solution, let us know. We will get you back to living a happy life, whether or not there is an economic recession in Canada.

Call us now for a no-cost initial consultation. We are licensed professionals.debt consolidation loans in canada

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HOW TO FILE BANKRUPTCY ONLINE: OUR KNOCKOUT STEP-BY-STEP GUIDE

file bankruptcy online
file bankruptcy online

File bankruptcy online: You can file bankruptcy online in Canada!

Can I file bankruptcy online in Canada? This is a question we’ve been getting a lot lately. And the answer is yes, you can file bankruptcy online in Canada; just not by yourself.

The only ones the federal government authorizes in Canada to do bankruptcy filings are licensed insolvency trustees. Since March 2020, the process for meeting with a bankruptcy trustee to discuss bankruptcy has changed and can be done online. This may be helpful if you’re considering bankruptcy for your individual situation.

In this Brandon’s Blog, I explain how, with the help of a licensed insolvency trustee, you can meet all the legal requirements and file bankruptcy online for the Canadian bankruptcy process.

Why you can file bankruptcy online in Canada

There’s virtually nothing you can’t do online these days. The lockdowns increased our reliance on online shopping for things like groceries, clothes, office supplies, and even toilet paper.

The internet also includes a wealth of knowledge on any subject you can think of, including financial topics. I find that anyone contacting me who is struggling with their, or their company’s financial problems, has already looked into the various options available to them in dealing with debts like income taxes and credit cards.

Although people may not be familiar from their online research with all the ins and outs of insolvency and bankruptcy, this is to be expected. However, callers are generally well-informed about different options for dealing with secured creditors and unsecured creditors.

Nowadays, people expect to be able to do everything online – including filing for bankruptcy in Canada. Those who think bankruptcy might be a solution for them, are curious to understand if they can declare bankruptcy online. Thanks to the COVID-19 pandemic, online everything is a way of life.

file bankruptcy online
file bankruptcy online

Why you should file bankruptcy online

The Canadian government oversees the administration of the insolvency process in Canada through the Office of the Superintendent of Bankruptcy Canada (OSB). The OSB is part of Innovation, Science and Economic Development Canada (Industry Canada). They ensure that consumer proposals, corporate financial restructuring and bankruptcies are handled in accordance with federal law. This process protects the rights of both debtors and creditors and helps to ensure a fair and orderly resolution to financial difficulties.

The OSB is responsible for administering Canadian bankruptcy law under the Bankruptcy and Insolvency Act (BIA), as well as certain duties under the Companies’ Creditors Arrangement Act (CCAA). They license and regulate the insolvency profession, ensure an efficient and effective regulatory framework, and supervise stakeholders. The OSB is independent of the Government of Canada in carrying out its regulatory, administrative, and supervisory duties.

As a result of the outbreak of COVID-19, the OSB issued guidance to Trustees on how certain aspects of the Canadian bankruptcy and insolvency process have changed. This document, entitled Temporary Guidance for LITS During the COVID-19 Pandemic, provides direction on how to navigate these changes.

As concerns about COVID-19 grew in Canada, licensed insolvency trustees took action to reduce in-person meetings. The OSB supported the Trustee community in these initiatives while maintaining the stability of Canada’s insolvency system.

Many of the same temporary measures remain in place today. Most clients find it more convenient and less stressful to continue filing for bankruptcy online. So how do we file bankruptcy online in Canada?

Assessing your financial situation and considering bankruptcy alternatives

No matter what form of insolvency process we are discussing to deal with a specific debt situation calling for either financial restructuring with a debt settlement payment plan through a consumer proposal or Division I Proposal, or personal bankruptcy, the process always starts in the same way. It’s not important what type of bankruptcy or insolvency process we’re talking about if we are dealing with a limited liability company or with someone considering bankruptcy for individuals.

When it comes to corporate insolvency, it’s important to have a clear understanding of the company’s current financial position and what its chances are for a successful financial restructuring. In consumer insolvency cases, the first step is to assess the debtor’s individual situation.

When a person contacts me to discuss their personal financial situation, we would have our initial chat. If the person wished to explore their available options in more detail, I would need to collect additional information from them to enable a proper assessment. Before we discuss which actual filing may be appropriate, it is important for me to know things like their assets and liabilities, their monthly income, and their household size.

If they would like me to continue our no-cost consultation and provide them with a proper assessment, I email them our standard intake form called the Debt Relief Worksheet. I ask them to please make sure to fully complete it and include any backup documents that are requested.

The backup documents we typically request are quite standard – a copy of their most recent bank statement, their last filed tax return, and the notice of assessment. Once I have a chance to review everything and ask any follow-up questions, I’ll be able to provide tailored advice based on their unique situation.

The counseling before filing bankruptcy that we give is perhaps even more important than any counselling sessions after filing. So far, we’ve been able to do everything over the telephone and online.

file bankruptcy online
file bankruptcy online

Is filing bankruptcy online an option for getting rid of debt?

Now that I have all the necessary information, I can perform the rest of the initial assessment. There could be several options available for those struggling with debt, and filing for bankruptcy may be an option for some. However, it’s important to understand the process and what it entails before making a decision.

Continuing with the online model, I meet with the person and do the rest of the assessment by phone or video meeting. I explain what I see as the realistic debt relief options for the person, explain why and discuss what is involved with each option and answer any questions they may have.

At the end of the meeting, I provide the person with a list of resources that can help them make their decision. I’m always available to answer any questions they may have throughout the process. Filing for online bankruptcy may very well be an option for getting rid of debt, but it should be the last option.

Something else to remember is that an insolvency proceeding will lower your credit score as it appears on your credit report. Declaring bankruptcy will have a worse effect than a debt management plan through a BIA-approved financial debt restructuring program repayment plan.

What documents do you need in order to file bankruptcy online?

To discuss what documents you need for a bankruptcy application in order to file bankruptcy online in Canada, we will assume that the person chose the bankruptcy option. By now, I have enough financial information to prepare all the necessary bankruptcy documents.

Examples of statutory bankruptcy forms which are part of the bankruptcy paperwork include the:

  • statement of affairs, indicating both the person’s eligible assets and those exempt from seizure under provincial law with related bankruptcy schedules;
  • list of creditors that is used for the creditor mailing list to send out the notice to creditors;
  • person’s statement of monthly income and expenses;
  • bankruptcy assignment
  • notice to bankrupt of their bankruptcy duties; and
  • estate information summary.

We schedule a video meeting with the debtor once all the statutory and financial documents are ready for signing. We can either email the documents or upload them to our secure signing portal and provide the debtor with a private, secure link. We’re happy to use online technology to have our meeting and explain all the documents, witness their signing, and get the signed documents from them.

We take the signed documents and file them in the Industry Canada OSB electronic online filing system. The OSB issues the bankruptcy certificate once the electronic filing is accepted. The day and time of the certificate is the exact moment the person is officially bankrupt.

file bankruptcy online
file bankruptcy online

Duties during bankruptcy include credit counselling sessions

The duties of a bankrupt person are set out in section 158 of the BIA. They include:

  • to identify all of their property and allow the Trustee or anyone authorized by the Trustee to take possession of all the debtor’s property;
  • to give the Trustee all books, records, documents and papers related to their property or affairs, including, but not limited to, title papers, insurance policies, and tax records and returns;
  • providing full disclosure of all assets and liabilities;
  • helping the trustee when required with assistance from time to time;
  • if one or more creditor meetings are required, you must attend; and
  • attending the two mandatory bankruptcy credit counseling sessions run by the Trustee.

We can meet with the bankrupt person over video meetings to provide counselling sessions and help them to fulfil their online bankruptcy duties.

Is it always going to be possible to file bankruptcy online in Canada?

The OSB has extended the option to conduct online service delivery of the Canadian insolvency options available under the BIA. Licensed insolvency trustees can continue to use online methods. It has provided some peace of mind for many people.

The OSB has been consulting with the insolvency community on potential amendments to relevant directives, with the goal of implementing an online alternative to meeting in person. While allowing flexibility, the changes they are contemplating would emphasize that while trying to be flexible, the changes being contemplated would emphasize that debtors will have the choice to either meet in person or online.

It looks like the OSB is warming up to the idea that remote filing through online resources, whether we are talking about BIA-approved debt repayment plans or bankruptcy may very well be here to stay. The OSB is trying to balance the benefit to debtors as well as the bankruptcy process continuing to be for the benefit of creditors. Can it all continue to be accomplished by online resources and technology? So far the average person, be they Canadian debtors or Canadian creditors, seem to want to continue with the choice of having insolvency administration online.

file bankruptcy online
file bankruptcy online

Are you deep in debt? We can help!

I hope you enjoyed this Brandon’s Blog on how to file bankruptcy online. 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.

file bankruptcy online
file bankruptcy online

 

 

Categories
Brandon Blog Post

INHERITANCE DURING BANKRUPTCY: OUR BEST ANSWER TO HOW IS AN INHERITANCE TREATED IN A BANKRUPTCY?

Inheritance during bankruptcy: Family situations

Your assets are considered yours in Canada. In other words, if during your bankruptcy you inherit money from a family member, the property belongs to the bankruptcy estate. Your property, including cash, will be distributed by your licensed insolvency trustee (“Trustee”) to your unsecured creditors.

Whenever an insolvent person comes to us for a free consultation, we always inquire whether or not the insolvent person is in line to inherit anything in the near future. Our recommendations will depend on the answer.

Many Canadians wonder whether the bankruptcy process will affect their inheritance. The Court of Appeal for Ontario recently reviewed a bankruptcy judge’s decision that bankruptcy would impact an estate in Richards (Re), 2022 ONCA 216 (CanLII).

This Brandon’s Blog examines this Court of Appeal decision about inheritance during bankruptcy. The case looks at would you lose your inheritance if you filed for bankruptcy, or can you use family situations to protect it from your creditors and eventually be able to get it back?

Inheritance during bankruptcy: Bankruptcy, winnings, gifts, inheritance property and the Bankruptcy and Insolvency Act

Section 67 (1)(c) of the Bankruptcy and Insolvency Act (Canada) (“BIA” ) sets out the bankruptcy law and the bankruptcy procedure regarding the property of the bankrupt as:

“all property wherever situated of the bankrupt at the date of the bankruptcy or that may be acquired by or devolve on the bankrupt before their discharge, including any refund owing to the bankrupt under the Income Tax Act in respect of the calendar year — or the fiscal year of the bankrupt if it is different from the calendar year — in which the bankrupt became a bankrupt…”

This includes any assets that you own as of the date you filed for bankruptcy, as well as any assets that you have acquired after filing for bankruptcy and before you get your bankruptcy discharge. Additionally, it includes assets that you were entitled to but hid or contracted out of.

There are two parts to that sentence that are simple, but the second part is more complicated. Gifts, lottery winnings, inheritance during bankruptcy, and any other unexpected financial gain are included in this category.

inheritance during bankruptcy
Inheritance during bankruptcy

Inheritance during bankruptcy: What happens if I receive property, assets or an inheritance while I am bankrupt?

Receiving an inheritance or gift of a property while in bankruptcy can be a mixed blessing. A gift or inheritance can relieve financial stress by allowing you to pay off debts that would otherwise require you to file for bankruptcy. Receiving assets, property, or inheritances during bankruptcy will be for the benefit of creditors and will also affect how your bankruptcy file is handled including your discharge, as well as whether you were really qualified for bankruptcy at all. Of course, timing is everything.

The reason is the section of the BIA I quoted above. Your windfall could have paid off all your creditors without making an assignment in bankruptcy if it was large enough. In the event that it happens during your period of bankruptcy and before you apply for discharge, but the windfall is not large enough to pay off all your debts, it will affect the type of discharge from bankruptcy you may be able to get, whether it is an automatic discharge or a conditional discharge.

If it occurs after you have made your bankruptcy filing and is large enough to pay off all your debts, then perhaps you can apply to annul the bankruptcy. So all of these factors have to be taken into consideration when you experience an inheritance during bankruptcy or if you otherwise have a windfall.

Inheritance during bankruptcy: Will I lose my Inheritance in a bankruptcy?

By now, you should know that you will lose whatever part of your inheritance during bankruptcy. It will be whatever portion is required to pay off your creditors in full (plus interest). But what happens to an inheritance during bankruptcy if you try to contract out of receiving your inheritance if you are an undischarged bankrupt? Can the Will or trust set up that provides you with the inheritance be used to stop you from losing it during your bankruptcy?

That is what the Court of Appeal for Ontario decision in Richards (Re), 2022 ONCA 216 (CanLII) is all about which I will now describe.

Michael Richards filed an appeal with the Court of Appeal for Ontario on March 11, 2022, challenging the bankruptcy judge’s order from June 3, 2021. The issue at stake concerned the interpretation of a trust of which Mr. Richards was a beneficiary (the “Trust”).

A judgment against him was owed to The Royal Bank of Canada (“RBC”) for $987,613 plus costs and interest. Mr. Richards was struggling financially. RBC filed a Bankruptcy Application against him on September 16, 2019. The Bankruptcy Order was issued the same day.

A trust set up by his father in 2001 gives Mr. Richards the right to either the property at 61 St. Clair Avenue West or the proceeds of its sale (the “Property”). His parents were able to live in the house during their lives, with a life interest in the Property. In 2010, his father died. His mother remained in the Property and she died in July 2020. The date of death of the second parent is called the “Time of Division” in the Trust.

Before his mother died, the trustees of the Trust sold the property with the net proceeds from the sale, totalling $1,172,120.90, held in trust. Trust funds had to be distributed to Mr. Richards if he was alive at the time of division. Obviously, he was.

inheritance during bankruptcy
Inheritance during bankruptcy

Inheritance during bankruptcy: RBC and section 38 of the BIA

In October 2020, RBC obtained an order under s. 38 of the BIA (the “s. 38 order”). Section 38 allows one or more creditors to take an assignment of a claim or action that the Trustee may have if the Trustee is unable or unwilling to enforce that claim or action.

The s. 38 order gave RBC (in this case alone) an assignment of rights of the Trustee of the bankrupt estate to make a claim against the sale proceeds of the Property. The Trustee had not wanted to pursue the claim due to a lack of funding. RBC now stood in the shoes of the Trustee with respect to the sale proceeds of the Property.

RBC filed a motion to recoup the sale proceeds up to the amount owed to them (including the costs of the s. 38 action). They sought a declaration that Mr. Richards was the beneficiary of the Trust and had an interest in the Property under the terms of the Trust. RBC argued that the sale proceeds should go towards satisfying their outstanding debt because it was the property of the bankrupt.

Inheritance during bankruptcy: The undischarged bankrupt’s position

Mr. Richards responded that his interest in the Property was suspended while he is bankrupt, under the provisions of a different section of the document establishing the Trust. That very unusual provision reads as follows:

“Any right of a Beneficiary to receive any income or capital of the Trust Fund…. shall be enforceable only until such Beneficiary shall become bankrupt … whereupon… the Beneficiary’s Interest shall cease until the cause of the Beneficiary’s Interest becoming vested in or belonging to or being payable to a person other than such Beneficiary shall have ceased to exist … and then the Beneficiary’s Interest shall again be allocated to such Beneficiary as aforesaid unless and until a like or similar event shall happen whereupon the Beneficiary’s Interest of such Beneficiary shall again cease and so on from time to time.”

Mr. Richards submitted that his interest in the Property could not vest in his Trustee as he had no rights to the Property until such time as he was discharged from bankruptcy. He contended that, during his bankruptcy, any rights he had were suspended. It is only on his discharge from bankruptcy that the Property will vest in him and only then will he own it outright.

inheritance during bankruptcy
Inheritance during bankruptcy

Inheritance during bankruptcy: The trial judge’s decision

The bankruptcy judge overseeing the bankruptcy case trial held that the Property vested in Mr. Richards at the Time of Division. This meant that the Property was his and vested in his Trustee upon becoming bankrupt. Since the Trustee had transferred its rights in the action against the Property to RBC, the bank was legally entitled to receive the proceeds of sale up to the amount owed.

Inheritance during bankruptcy: The Court of Appeal for Ontario decision

The Court of Appeal for Ontario made a very clear and concise decision. It said that Mr. Richards had not shown any mistakes in the bankruptcy judge’s decision. The appellate court ruled that her interpretation of the Trust document was entitled to deference on review, stating that it agreed with her interpretation. The court found that her interpretation was consistent with the plain wording of the relevant section and also consistent with the stated purpose of the Trust.

This case demonstrates that actions that violate the public policy underpinning the BIA by individuals trying to shield their assets from creditors are not tolerated.

inheritance during bankruptcy
Inheritance during bankruptcy

Inheritance during bankruptcy: Could the inheritance have been shielded from the creditors?

In the beginning, I want to make it clear that I am not a lawyer and I do not give advice to insolvent people on how to protect their assets from their secured creditors, preferred creditors or unsecured ordinary creditors. Instead, given these specific facts, can I think of a way the Trust could have been structured differently?

When the Trust was prepared, obviously his parents were concerned about their son’s financial situation and legal proceedings against him. Rather than having the Property transferred to him at the Time of Division, the Trust should have kept the cash from the sale of the real property invested and paid Mr. Richards a monthly allowance for life.

That monthly allowance could not have been treated directly as his property. Rather, it would be considered part of his income, subject to the surplus income rule. Mr. Richards may have very well may have had to make surplus income payments to his Trustee as part of getting his bankruptcy discharge, but the bulk of the inheritance could have been shielded from his creditors.

Inheritance during bankruptcy: With the right Trust personal bankruptcies can be avoided

If the Trust was worded as I suggest, only providing Mr. Richards with a lifetime allowance but never able to have the asset itself transferred to his ownership, Mr. Richards could have avoided bankruptcy altogether. He could have filed a Proposal.

If his financial situation was such that he owed $250,000 or less, he could have filed a consumer proposal. If he owed more than $250,000, it would be a Division I BIA restructuring proposal. Either way, he would have avoided filing for bankruptcy or having a Bankruptcy Order made against him.

Although the RBC judgement against him was an ordinary unsecured claim, without their vote in favour of his proposal, it could not have succeeded. However, with the differing approach for the Trust that I suggested, it would not give RBC access to the entire amount of cash. They would have been facing the reality that they would not have been able to collect in full on their judgement for a very long time. There wouldn’t be a pot of money to attack.

This is how Mr. Richards’s parents could have made sure that the inheritance was protected for him and shielded from his creditors.

inheritance during bankruptcy
Inheritance during bankruptcy

Inheritance during bankruptcy: Summary

In conclusion, the BIA allows a bankrupt’s assets to distribute property to creditors based on a “just and equitable” standard.

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

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

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

Inheritance during bankruptcy
Inheritance during bankruptcy
Categories
Brandon Blog Post

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

what does a licensed insolvency trustee do

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

These include:

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

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

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

What does a licensed insolvency trustee do?: Final thoughts

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

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

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

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

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

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

Call us now for a free consultation.

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

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

what does a licensed insolvency trustee do
what does a licensed insolvency trustee do
Call a Trustee Now!