Tag: Ira Smith Trustee

Categories
Brandon Blog Post

COURT APPOINTED ESTATE TRUSTEE FROM OUR CASE FILES

320efcd005100f3ee3522fefba70f917 3

Court appointed estate trustee: Introduction

In last week’s vlog, CLAIM BANKRUPTCY IN ONTARIO CASE STUDY: SHE REALLY WANTED TO BUT WE STOPPED HER AND SOLVED HER PROBLEMS, our video provided a case study about a doctor we helped solve her pain and get her life back on track. This week, I want to tell you about another one of our cases where we acted as the court appointed estate trustee. It was a bit unusual, however, it did call on me to use my skill sets as a licensed insolvency trustee.

It seems straightforward so what do you need us for?

An estates lawyer we know contacted us to help him solve a problem for his client. His client was a single man. His mother, whose husband predeceased her, passed away. Her only assets were two pieces of real estate; one a commercial property and the other the family home. The fully leased commercial property was producing income.

On the surface, it appeared to be a very simple situation. Two pieces of real estate and the only beneficiaries were the single man and his single sister. There were no spouses or grandchildren involved. So I asked our lawyer friend the obvious question: “It seems straightforward so what do you need us for?”.

The facts

The lawyer told me that:

  1. his client and his sister cannot agree on anything;
  2. the sister’s lawyer is making unreasonable requests;
  3. the sister is a hoarder, which is a mental health issue;
  4. nobody lives in the home and the utilities turned off services a long time ago; and
  5. the sister has hoarded so much personal property in the home you cannot get past the front door!

The lawyer went on to say that the situation cries out for an expert to intervene to get things done so that the properties can be sold and the funds distributed. Neither sibling is capable of agreeing with the other and then doing what needs to be done. The receivership fees to solve their problems would be less than the legal fees spent fighting and not solving anything.

Please don’t call me the receiver

After a thorough discussion with the lawyer, I said it sounds like what you need is a for the Court to appoint a receiver. The lawyer responded that he felt he could get the other side to agree to the appointment of a custodian, but not to any proceedings called anything remotely close to a receiver or licensed insolvency trustee.

I said to my lawyer friend, that problem is easy to solve. How about we call ourselves either an estate trustee or asset manager? He loved the asset manager title.

The agreement

We took part in a conference call with our lawyer friend and the lawyer for the sister. Everyone discussed all the issues and we pointed out our firm’s wealth of experience in acting as a receiver in complex real estate matters.

Each lawyer agreed that assuming the finer points could be worked out, the brother’s lawyer would go ahead with a motion, on consent, to have our Firm act as the court appointed asset manager.

We provided our lawyer friend with a copy of the Ontario Superior Court of Justice Commercial List model receivership order. He then amended it to fit the particulars of this situation and to do a global change from receiver to the title asset manager.

The appointment

Of course, the finer points could not be agreed to. Rather than the matter proceeding on a consent basis, the motion was argued. After hearing all arguments and considering all the evidence, the Court appointed our firm as the asset manager. The commercial property did not have any problems associated with it, so other than to tell you that the property sold, the rest of this story will concentrate on the residence.

ISI 4

Selling the house was the easiest part

The house was not just a house. It was the entire reason for the sister’s existence. Given the mental health issues, we quickly realized that from her perspective, we were about to take away her only joy in life; being able to enter the home and see her loot. It did not matter to her that nobody could enjoy the home and that it was mold infested. This was her baby and we were about to take her baby away from her.

Given these issues, our role was as much like that of a guardian for adults as much as it was about the property in Ontario.

We first obtained quotes for the removal of all of her personal property from the home. I realized that removing the property from the house would only give us another problem as hoarders are not willing to let go of anything. We had to devise a method where the sister would choose what was garbage and what would go to storage. However, even the storage could not go on forever.

The removal plan

We presented our plan to both lawyers. All the items would be removed in front of the sister. If the brother wished to attend he could, but it was not a need. We would also prepay from the proceeds of the sale of the home for six months of storage. That way we capped the brother’s liability for expenses. As items left the house, the sister had to say “garbage” or “storage”. Both sides agreed.

The removal began. What should have taken two weeks took six! The reason was due to mental health issues getting in the way of progress. We understood this and just had to work with it. Eventually, we completed the removal of personal property. We could finally see the entire inside of the house.

We entered with a firm we use to investigate and if necessary do environmental damage remediation work; Hazmat suits and all! Surprisingly, although there was mold, we obtained a verbal report that for our purposes, the home was safe for our purposes to enter for brief periods of time for a realtor and potential purchaser to view. Therefore, we did not need to do any remediation work.

Appraise and sell

The rest of the case could now go ahead. We obtained two appraisals of the house. The house was on a great lot in Toronto in a hot housing market. We listed the house for sale. Due to the house’s condition, it would attract a developer/renovator type of buyer.

After one week on the market, we received four offers to purchase. We rejected all of them and asked for everyone’s best and final offer. The final offer we accepted, subject to Court approval, was above market value. Working with our independent legal counsel, we put our motion material together, obtained the consent of both sides and then obtained Court approval for the sale.

We completed the sale, developed our distribution plan, obtained Court approval for that, distributed the funds and got our discharge.

Court appointed estate trustee: Do you have a financial problem that needs someone else to help you solve?

I present this case study to show how, as a licensed insolvency trustee in the GTA, we can use our skills set in a way that may not seem obvious at first. We look at the entire story of each person or company that comes to us for help.

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 dealt with this problem and devised an alternate plan for the siblings, allowed them to monetize the assets they were incapable of doing on their own and letting them get on with their lives.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team. 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 back on the road to a healthy stress-free life and recover from the pain points in your life.

court appointed estate trustee
court appointed estate trustee
Categories
Brandon Blog Post

ANNUAL COST OF LIVING: WHY EVERYTHING RISES BUT YOUR SALARY

annual cost of living 0
annual cost of living

Annual cost of living: Introduction

We all read the headlines. The annual cost of living is rising, interest rates are rising, house prices are rising, food prices are rising, everything is rising; everything except for our paycheques. How can Canadians expect to keep up with their financial obligations when their paycheques are the only things that seem to be frozen in time?

Annual cost of living: The Canadian consumer price index

According to Statistics Canada, the consumer price index is:

“…an indicator of changes in consumer prices experienced by Canadians. It is obtained by comparing, over time, the cost of a fixed basket of goods and services purchased by consumers.”

Statistics Canada measures the consumer price index against the year 2002. So as the base year, the 2002 consumer price index is the 100% level. The consumer price index has risen steadily every year since then. The annual average Canadian consumer price index for 2017 was 130.4%. The January 2018 Canadian consumer price index was up 1.7% as compared to January 2017. So, as you can see, up is the only direction our expenses go.

Annual cost of living: Frozen salaries breed discontent

This situation has created a great deal of dissatisfaction among employees. According to a poll conducted by Indeed (a major world-wide job hunting site):

  • 83% of Canadians are dissatisfied with the pay they’re receiving
  • More than 50% of employed Canadians are definitely going to ask for a raise this year
  • “There’s no money in the budget” is the top reason for why requests for a raise are rejected, accounting for 63% of rejections (women hear this excuse far more often than men — 77% of the time, compared to 54% for men
  • The average employee plans to ask for a raise of nearly $12,000, though 23% said they wanted a raise of $16,000 or more (Indeed cautions that when asking for a raise to do your research into the current pay scales for your job)

Annual cost of living: Unemployment is down and salaries are stagnant

Even though Canada has added 423,000 jobs over the past year and the unemployment rate has fallen to 5.7% (the lowest since 1976), salaries haven’t kept up. It seems that employers have gotten away with it by hiring temporary and/or contract workers. So, while your cost of living increases, your salary doesn’t.

Annual cost of living: What happens when the rising costs force you to go deeper into debt?

We wish you luck in getting your pay raise! But, if you’re one of the many Canadians who can’t keep up with your bills now and are feeling that pain, the Ira Smith Team can help.

Debt won’t eliminate itself. You need a professional trustee who understands your pain and can explain all of your options and come up with a solid financial plan for moving forward Starting Over, Starting Now. Give us a call today and book an appointment for a free, no obligation consultation. You’ll be happy you did!

ISI 4
annual cost of living
Categories
Brandon Blog Post

CLAIM BANKRUPTCY IN ONTARIO CASE STUDY: SHE REALLY WANTED TO BUT WE STOPPED HER AND SOLVED HER PROBLEMS

2

Claim bankruptcy in Ontario: Case study introduction

For today, and the next few weeks, I want to give you some interesting case studies direct from our files. I will not mention any real names of course. Hopefully from these case studies, you will see that we do a lot more than just allow people or companies to claim bankruptcy in Ontario.

Claim bankruptcy in Ontario: A variety of problems

Today’s case study deals with our client who is a specialist medical doctor and surgeon. We will call her Dr. X. She had an ongoing successful career and then opened up a specialty high-end clinic to offer services not paid for by OHIP, the provincial medical plan. Unfortunately, Dr. X did not get the best advice from her professional advisers when she established the new business venture.

She set up her clinic in a separate building that she purchased. Dr. X then had it renovated extensively to meet the business’ needs, leased or purchased equipment and hired staff.

This new venture was financed entirely by debt:

  • personal debt such as mortgage financing against the matrimonial home;

  • equipment loans or leases in her personal name; and

  • Equipment and mortgage debt in the new business venture corporation for which Dr. X personally guaranteed it.

Therefore one way or the other, her personal responsibility was for 100% of the debt to get the business started. Her husband was responsible jointly with her for the mortgage raised against the matrimonial home.

The cash flow of the business was insufficient to pay the operating costs and debt financing. She had to keep borrowing money personally to keep the new business alive. The stress this caused affected her previously stellar activities as a surgeon and hurt her marriage. By the time Dr. X was came to us, she and her husband were separated and divorce proceedings were underway.

Claim bankruptcy in Ontario: And then it got even worse

To make matters worse, she could not attempt to liquidate assets to pay down debt and ease the burden. Like most equipment, the clinic’s equipment was not worth more than its original cost. There was no excess equipment either.

The building could not be sold and leased back for a very bad reason. There was a large environmental problem associated with the building which was not discovered through due diligence prior to purchasing it. The issue arose when she tried to refinance.

The potential lender performed a Phase 1 Environmental Study, which indicated that a earlier use in the building produced contaminants which were buried in the ground. The contaminants were leaching into the neighbours’ respective properties. So now there was further personal liability exposure as the sole Director of the company that owned the real estate!

Claim bankruptcy in Ontario: Filing bankruptcy in Canada would give Dr. X more headaches

Dr. X came to us convinced that she had to go bankrupt. The stress of her failing business was taking a huge toll on her normal duties as a surgeon and her marriage was over. She had previously seen a different licensed insolvency trustee and was convinced from that meeting that bankruptcy was her only answer.

Dr. X considered herself a total failure, in spite of she was still a sought after as a brilliant medical doctor and surgeon. We considered her assets and liabilities, income and expenses and her overall situation.

Claim bankruptcy in Ontario: More complications

To further complicate matters:

  1. The matrimonial home was listed at the amount required to clear all mortgages which was well above market value.

  2. Once Dr. X inevitably stopped making the first mortgage payments on the matrimonial home, the Bank holding the mortgage would begin power of sale proceedings. The first mortgagee would probably suffer a shortfall on the sale and Dr. X and her estranged spouse would be responsible for the shortfall on the first mortgage and the entire balance of the second mortgage.

  3. Dr. X had a life insurance policy with a cash surrender value (“CSV”). The CSV was not exempt from seizure by a bankruptcy trustee because the beneficiary was her Estate. In a bankruptcy, the CSV would go to the Trustee for the benefit of her creditors.

  4. Dr. X did not know if she could get replacement insurance coverage at all and if so, at a reasonable cost.

  5. There were many creditors who currently had a contingent claim against Dr. X with a very high dollar volume. These claims would ultimately be crystallized. In a bankruptcy, we anticipated that a lot of angry ordinary unsecured creditors, many of whom were sophisticated, such as banks and equipment lenders/lessors, would oppose her discharge from bankruptcy.

  6. In a bankruptcy, Dr. X would have to pay about $82,000 in surplus income payments to us as her bankruptcy trustee over a 21 month period for a monthly payment of $3,905. Dr. X could not afford to pay that much each month and keep her normal medical practice afloat.

Bankruptcy was not a good answer for Dr. X. Notwithstanding she earned a high income, the irony was that she could not afford to claim bankruptcy in Ontario!

Claim bankruptcy in Ontario: Our assessment

We had to deal with two problems; one financial and one emotional. Dr. X was an emotional wreck as a result of the failed business venture with all of its problems. We actually had to deal with that first. It is normal for a licensed insolvency trustee to take a holistic approach. The debtor facing financial problems always needs two outcomes: (i) a solution that will allow them to shed their debts and get piece of mind; and (ii) become rehabilitated.

We advised Dr. X that a personal bankruptcy was not the answer for her. We told her that she first had to shut down her clinic. She had to deal with the employees to make sure that they were paid up to the last date work their normal wages and vacation pay. They also needed to get their Record of Employment and T4 Statements as quickly as possible. Unfortunately there was no money for pay in lieu of notice.

Claim bankruptcy in Ontario: How to deal with the failed business venture

We then advised Dr. X that she should not bankrupt the corporation carrying on this new business. Rather, she should call up the first mortgagee and tell that she is abandoning the business premises and is sending the keys over. Then call up the equipment lessors and the lender that did some equipment financing to tell them the business has shut down and they should contact the first mortgagee to gain access to retrieve their property.

Next we advised Dr. X to safeguard the business books and records, so that she could have her accountant file final tax returns. She would also have the records for when Canada Revenue Agency wished to do an audit on the business activities.

The final piece of advice for Dr. X with respect to her new business venture was this. After performing the above steps, walk away. This would end the stress of operating a failing business.

Claim bankruptcy in Ontario: Our assessment and his personal financial fix

All of the contingent debts from the failed business venture had not yet crystallized. They were still contingent. We worked out a cash flow plan with Dr. X that she could keep current with, now that she had abandoned and stopped funding the debt incurred because of the failed business. She also stopped paying the first mortgage on the matrimonial home as the value of the home was now less than the total of the mortgage debt against it.. We worked with Dr. X on a plan to avoid bankruptcy, by filing a formal restructuring proposal under the Bankruptcy and Insolvency Act (Canada) (“BIA”).

Claim bankruptcy in Ontario: The advantages of our strategy

The advantages of this strategy, if the restructuring proposal could be fully performed, are:

  • Dr. X would not give up her assets to a bankruptcy trustee;

  • She would not lose her life insurance coverage or CSV;

  • All of her debts could be eliminated through the restructuring proposal;

  • Although the total of her restructuring proposal payments had to be more than her creditors would get in her bankruptcy, we could term those payments out to a maximum of 5 years;

  • Her estimated monthly payment would be less than the monthly surplus income payment in a bankruptcy; and

  • Dr. X would avoid bankruptcy and an opposed discharge process entirely.

    ISI 4
    claim bankruptcy in ontario

Claim bankruptcy in Ontario: The result

Dr. X followed our advice. Her restructuring proposal was accepted by her creditors qualified to vote at the meeting of creditors held 21 days after the filing of the restructuring proposal. The contingent claims had not yet crystallized. Although eventually those creditors were allowed to file their proper respective claims and take part in the dividends paid out to the unsecured creditors, we made it successfully through the voting process. The proposal was then approved by the Court.

Dr. X not only maintained her regular monthly proposal payments to us, she was able to pay off the proposal early. The reason for this was that now that she had a clear head and no longer felt she was a failure, she could focus on her medical practice and surgery, which once again flourished. Her income and savings rose. These are some of the benefits that financial rehabilitation brings. Dr. X also avoided going bankrupt.

Claim bankruptcy in Ontario: Does Dr. X’s financial problems sound familiar to you?

I present this case study to show how, as a licensed insolvency trustee in the GTA, we look at the entire story of each person or company that comes to us for help. 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 stopped Dr. X from going bankrupt and devised an alternate plan for her, allowed her to solve her financial problems and get her life back.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team. If any of this sounds familiar to you and you are serious in finding a solution, contact the Ira Smith Team today.

Call us now for a free consultation. We will get you back on the road to a healthy stress free life and your recovery will be as pain-free as possible. We may be able to stop you to claim bankruptcy in Ontario!

claim bankruptcy in ontario 0
claim bankruptcy in ontario

 

Categories
Brandon Blog Post

MANAGING FAMILY FINANCES: DO YOU NEED FAMILY FINANCIAL PLANNING AT 65 AND BEYOND?

MANAGING FAMILY FINANCES 0
managing family finances

Managing family finances: Introduction

Many Canadians are under the mistaken impression that financial planning is a young person’s game. After all, you’re now retired and you have your pension(s) and perhaps some savings. What financial planning is there to do for managing family finances? I’m here to tell you that it’s never too late to have a financial plan. You may not realize it but there are many financial decisions still to make – even after the age of 65.

Managing family finances: CIBC financial planning advice

Lana Robinson, executive director, CIBC financial planning and advice, says it’s never too late to plan. The biggest mistake for those heading into their 70s and 80s would be not to have a plan or mistaking a budget for a plan, she said. They might say ” ‘Well I have a budget and I’m living to my budget‘ but is that really a plan?

Have you:

  • taken into account all the needs you might have?
  • anticipated the cost of healthcare?
  • Figured out whether your goal is to have in-home care as opposed to living in a retirement home?

Managing family finances: Can you answer these seven questions?

  1. Should you take your Canada Pension Plan (CPP) at 65 or defer it?
  2. Should you take your Old Age Security (OAS) at 65 or defer it?
  3. How much do you know about Registered Retirement Income Funds (RRIFs) and annuities?
  4. Do you need to rebalance the risk in your investment portfolio?
  5. What is the most financially helpful way to use your RRSPs?
  6. What are your financial goals and what are these goals going to cost you?
  7. Are you in debt?

Managing family finances: Don’t retire in debt

If we can give you one piece of extremely valuable advice for managing family finances it’s DON’T RETIRE IN DEBT! If you do, your retirement will be extremely stressful trying to figure out how to make ends meet. Family financial planning is not fun when you need a financial plan to get out of debt. But, don’t despair – we can help.

The Ira Smith Team has many years of experience helping people just like you facing financial crisis or bankruptcy that need a plan for Starting Over, Starting Now. We approach every file with the attitude that financial problems can be solved given immediate action and the right financial plan. Give us a call today and take the first step towards a debt free retirement.

ISI 4
managing family finances
Categories
Brandon Blog Post

FEDERAL BUDGET PROCESS OVERVIEW: IF YOU ARE SERIOUS WE CAN HELP YOU REACH YOUR FINANCIAL FREEDOM BEFORE OUR GOVERNMENT DOES

2

Federal budget process overview: Introduction

A recent The Forum Poll™ indicates that for about 61% of the Canadians polled, a balanced budget is more important than spending on government services. The federal budget process overview is that Prime Minister Trudeau and Finance Minister Morneau have signed off on a budget that will have the federal government spend more than it receives in revenue. So, Canada’s debt will continue to grow.

The poll results showed that:

  1. 40% don’t like the budget;
  2. 17% were in favour;
  3. 31% were neutral; and
  4. 12% did not know.

Federal budget process overview: Budget spending highlights

On February 27, 2018, Finance Minister Bill Morneau tabled the Liberal Government’s budget titled “Equality + Growth: A Strong Middle Class”. The federal budget process 2018 calls for $338.5 billion in overall planned spending. The budget projects an $18.1 billion deficit in 2018-19.

The highlights of the government’s proposed major spending included in the budget are:

  • Nearly $5 billion invested in Indigenous communities over 5 years;
  • Canadian science and research spending of almost $3.2 billion over five years;
  • $2.6 billion over 5 years to promote gender equality in science and business;
  • $1.2 billion over 5 years for a new parental sharing benefit; and
  • $2 billion over 5 years for international aid

Federal budget process overview: Deficits and debt

I normally don’t think of Prime Minister Trudeau or Finance Minister Morneau as being like an average Canadian, but the 2018 federal budget canada news shows me that the government is budgeting now like an average Canadian.

What do I mean? Well, I have written many times about the average family household debt rising over the last few years. Some of the blogs I wrote are:

I have also written on the need for Canadians to reign in their spending and have a proper household budget. Some of my blogs on that topic are:

Federal budget process overview: Our government is like the average Canadian

All of these blogs have a common message that the average Canadian is:

  1. amassing too much debt;
  2. using debt to supplement income to meet their spending habits;
  3. although they can afford minimum payments on the debt in this low-interest rate environment, trouble will begin when rates creep up; and
  4. in need of a proper household budget so that borrowing can stop, existing income can be used for expenses and debt repayment.

That is why I say that the government created the 2018 federal budget deficit and the debt just like the average Canadian does. The government has one trick up their sleeve to raise more money than us normal Canadians have; they can just increase the taxes we pay to try to cover off the extra deficit spending.

Federal budget process overview: The practical problem

The practical problem for the government is that although Canadians say that they prefer a balance budget, they also like spending that they believe will help them. When polled on the individual spending plans, the results were favourable. Although it does not seem that the poll asked the question “Would you favour higher taxes to pay for the spending so that there will not be a deficit”, I suspect the answer to that question would be a loud NO!

So the government has to make promises if it wants to get re-elected. The government also knows that Canadians will like spending for things they believe will help them or their quality of life. So what the federal government is hoping is that this will translate in the voting booth for more votes for the Liberal government than votes from people who don’t like deficits.

Federal budget process overview: Difference between budget deficit and federal debt

The 2018 federal budget Canada shows that Ottawa has no plan to stop deficit spending or reduce federal debt in the short or medium term. The annual deficit represents the amount the government spends in any year above what it earns in revenue in that same time period. The federal debt is the amount of money the government has to borrow to pay for cumulative amount of deficits.

Previous Liberal and Conservative governments devoted efforts to balancing the budget and paying down debt. This government isn’t.

ISI 4
federal budget process overview

Federal budget process overview: If you are serious we can help you reach your financial freedom before our government does

What about you? Do you enjoy the stress you feel every month when you do not have enough money to go around? Have you been avoiding the tough discussions with your family about what spending has to be cut out to balance your books? Before your life gets totally out of control, now is the time for you to take positive steps to gain back your financial freedom and your life.

If you are serious we can help you reach your financial freedom before our government does. We are very interested in helping honest but unfortunate people whose spending was perhaps out of control in the past because of an unexpected life event. Even if your spending remains a problem, we can help you get back on course.

Contact the Ira Smith Trustee & Receiver Inc. Team today. We’re not politicians. We are experts in helping good people regain control of their financial and personal lives. If you give us a call today we will work with you to find one of the bankruptcy alternatives so that you can cut your stress and regain control over your finances, Starting Over, Starting Now.

FEDERAL BUDGET PROCESS OVERVIEW 0
federal budget process overview
Categories
Brandon Blog Post

HOW CAN A GOOD CREDIT SCORE HELP YOU? WANT TO SAVE MONEY?

HOW CAN A GOOD CREDIT SCORE HELP YOU 0
how can a good credit score help you

How can a good credit score help you? Introduction

Many of you already know that you need a good credit score to borrow money, get a mortgage, lease a car, get insurance and in some cases, even get a job. But, how many of you know how can a good credit score help you? It can save you thousands of dollars.

How can a good credit score help you? What does your credit score say about you?

Your credit score tells prospective lenders how reliable or unreliable you are at repaying debt. Based upon your credit score you’ll be approved or denied when applying for a loan, credit card, mortgage, car lease…

How can a good credit score help you? How can your credit score save you money?

When applying for any type of loan, your credit score also determines what sort of terms you’re likely to get.

  • Insurance Rates: Insurers typically create an “insurance score”, which is largely based on your credit score. With a good credit score, you could qualify for a discount on your premiums. Conversely, a bad credit score can cost you a lot of money annually in higher premiums.
  • Loan Rates: With a good credit score you may get a better mortgage interest rate. Over the life of your mortgage this could save you thousands of dollars. The same applies for any type of loan – car loan, personal loan, etc. The more you’re borrowing and the longer the term of the loan, the more money you can save.
  • Internet, TV and Cell Phone Rates: Many providers do a credit check before giving you service. With a bad credit score you may be denied service altogether, or you may be required to leave a sizeable deposit as a guarantee of payment.

How can a good credit score help you? What is a good credit score?

An average credit score is around 600. A very good credit score is 700 and above.

How can a good credit score help you? Do you know your credit score?

If not you can find out by contacting either one of Canada’s two major credit reporting agencies – Equifax or TransUnion. Make a habit of checking your credit score annually. If your credit report has information that’s inaccurate or has items unfamiliar to you, it could be a sign that you’re a victim of identity theft.

If you’ve been turned down for loans due to a bad credit score, you need professional help to get back on track financially. A professional trustee can help you solve your debt problems with immediate action and a solid financial plan. Give Ira Smith Trustee & Receiver Inc. a call today to book a free, no obligation consultation and you’ll be well on your way to debt free living Starting Over, Starting Now.

ISI 4
how can a good credit score help you
Categories
Brandon Blog Post

CREDIT CARD DEBT TRAP: OUR REVOLUTIONARY 4 STEP PLAN TO START BECOMING CREDIT CARD DEBT FREE IMMEDIATELY

Credit card debt trap: Introduction

Many people I help are caught in a credit card debt trap. It’s always good to repay your credit card debt, and now could be a better time compared to ever before to do so.

I have previously written about the Canadian household debt crisis as Canadians take on more debt and average canadian household debt levels increase. Rates of interest are beginning to increase so combining the two creates a mix that can place people in a bind.

Credit card debt trap: A storm is brewing

In December, Statistics Canada reported that the Canadian household debt ratio struck a brand-new high. The ratio of household credit-market debt to disposable income (the key gauge for measuring Canadians’ debt loads) rose to 171.1%.

“Everyone has this sense that there is a storm brewing,” said Bruce McClary, spokesman for the National Foundation for Credit Counseling in the U.S.

“All indications that we’ve seen are that people are carrying higher balances from month-to-month and more are behind on their monthly payments. That’s not a healthy mix.”

Climbing debt levels could suggest people really feel better about the economy. Our concern is that people could be over-extending themselves. Both the US Federal Reserve and the Bank of Canada expect to raise rates later this year, so the cost of lugging credit card debt is most likely to increase.

What can you do try becoming credit card debt-free? Our revolutionary 4 step plan can help get you there.

Step 1. Credit card debt trap: Take control

It isn’t easy to take a difficult look at your financial position, but it is a necessary one. Analyze your financial obligations, and the rates of interest connected to each debt, as well as minimal repayments. Track your costs to get a feeling of what your credit card charges get you every month.

This is the first step in understanding your expenses and cutting back on the ones that are not necessary. To understand where you are going, you should understand where you have actually been.

Step 2. Credit card debt trap: Minimize rates

The typical interest rate on a bank card is about 19 percent. That’s quite high, so you might wish to think about transferring your credit card debt to a card with a reduced or zero-interest first offer rate to help pay it off much faster.

A word of caution: you’ll most likely need to pay a transfer cost in doing so. Also, you will need to pay off the debt prior to that promo rate finishes. Otherwise, the balance at that time is charged a higher interest rate, probably the same or higher than the card you transferred the debt from.

Although I don’t hold out a lot of hope, you can ask your credit card firms if they will decrease your interest rate.

credit card debt trap
credit card debt trap

Step 3. Credit card debt trap: Plan choice

If you simply cannot earn enough to fund your repayments, think about a non-profit credit counselling service. Do not go to any of the debt settlement companies that advertise regularly on television or social media.

All they do is charge you a fee to take down basic information, and then send you to a licensed insolvency trustee. Going first to a licensed insolvency trustee will do more good for you in a first free consultation than the debt settlement company will.

There are 2 typical debt settlement approaches– avalanche as well as a snowball. The avalanche method of getting out of the credit card debt trap works by placing all your money towards your highest possible rate of interest debt. As soon as that’s settled, you begin repaying the following most costly debt till it’s all gone.

In some cases, the snowball approach offers much more inspiration. With this technique, you repay the tiniest debt initially, to increase your spirits. You make use of that energy to pay off what is not the smallest outstanding debt and so on. You are picking up steam like a snowball rolling downhill.

It does not matter which method you use. The important thing is that you start now and stick to it.

Step 4. Credit card debt trap: Adhere to it

Remember your single emphasis ought to be lowering debt, so do not plan any kind of elegant getaways or huge acquisitions in the meantime. You could backslide or strike some roadway bumps yet do not allow that to sap your inspiration.

Now for the tough part. When possible, save some money to aid with unforeseen expenditures that you would normally place on your credit card. This will lessen the amount you would have to charge by paying with cash.

Credit card debt trap: A lengthy and painful trip to get out of it

It’s an incredibly lengthy and painful trip to get out of the credit card debt trap. It also can be a very lonely one. People don’t get into the credit card debt trap overnight, so you can’t get out of it without some hard work.

The Ira Smith Team has helped many people stay the course and be stimulated by their successes. We have helped many people avoid bankruptcy.

Contact the Ira Smith Team today. Your first consultation is free. We will be there with you every step of the way to help you out of the credit card debt trap so you can begin living credit card debt-free. If it isn’t credit card debt you are worried about, but rather other kinds of debt trap you may be caught in, we can help free you from those too.

To deal with debt you need the help of a debt professional – a trustee. Dealing with debt is not something that you can put off any longer. Start the New Year off right by calling Ira Smith Trustee & Receiver Inc. today and make an appointment for a free, no-obligation consultation.

We can give you back peace of mind and put you on the road to debt free living Starting Over, Starting Now.

credit card debt trap
credit card debt trap
Categories
Brandon Blog Post

DEBT ACQUIRED BEFORE MARRIAGE: TALK ABOUT FIANCEE FINANCES BEFORE YOU GET MARRIED

debt acquired before marriage 1
debt acquired before marriage

Debt acquired before marriage: Introduction

Last week we posted a video and blog about secret debt in marriage. It’s clear from various surveys and reports that many Canadians are not pleased with the way their loved ones handle their finances. The reality is that once you get married the proverbial horse is out of the barn. The time to have serious talks about your finances, your debt acquired before marriage and how to manage money, is before you get married.

Debt acquired before marriage: You need to discuss more than just wedding plans

Are you one of many couples that got engaged on Valentine’s Day? I’ll bet that right now you’re solely focused on wedding planning? I know it’s not romantic or fun, but sorting out money management issues should be right up there on your list of priorities. Love may have brought you together but finances can tear you apart.

Debt acquired before marriage: It’s all about trust

Managing finances as a couple means a lot more than deciding who’s paying for what, or opening a joint bank account to pay household bills. It’s all about trust, communication and transparency. Have you openly and honestly discussed pre-marital assets, debt, spending habits, saving goals and a budget?

  • How much do you really know about your fiancée’s finances?
  • How much do they earn?
  • Do they live within their means?
  • How much debt do they have?
  • What’s their credit score?
  • What are their assets?
  • How many credit cards do they have?
  • Do they pay their bills on time and in full each month?
  • Do they have a line of credit (and in what amount)?
  • Have they ever declared bankruptcy?

Debt acquired before marriage: Start on firm ground

If your soon-to-be spouse is not prepared to discuss these issues and agree on money management then you’ll be starting your marriage on shaky ground. According to a Citibank survey, 57% of divorced couples cited money problems as the primary reason for the demise of their marriage.

Debt acquired before marriage: We can help solve your debt problems

The time to deal with serious debt issues is prior to marriage. Contact the Ira Smith Team. We’re not marriage experts, but if you give us a call today you can be well on your way to starting your marriage without serious money problems Starting Over, Starting Now.

ISI 4
debt acquired before marriage
Categories
Brandon Blog Post

TOYS R US BANKRUPTCY PROTECTION IN CANADA: COURT AGREES WITH TOYS R US BANKRUPTCY COUNSEL NEGATIVE = POSITIVE

2 1920x1080 1

Toys R Us bankruptcy protection in Canada: Introduction

I want to tell you about a recent Ontario Court decision about the claims process approved in the Toys “R” Us (Canada) Ltd. and Toys “R” Us (Canada) Ltee (Toys R Us) bankruptcy protection proceedings. The Toys R Us bankruptcy protection in Canada began with the Court making the Initial Order on September 19, 2017. This Initial Order was made under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended (CCAA).

On January 25, 2018, the Toys R Us bankruptcy lawyers attended in Court. There was a motion before the Court to extend the time that Toys “R” Us remains under bankruptcy protection to try to restructure. The motion was also for the Court to approve a draft claims process to quantify the outstanding creditor claims.

Toys R Us bankruptcy protection in Canada: The normal claims process

It is the claims procedure which while not novel, is also not regularly seen. That is what I want to talk about.

In a bankruptcy regulated by the provisions of the Bankruptcy and Insolvency Act, RSC 1985, c.B-3 (BIA), creditors are required to prove their claims independently. They do so by providing to the trustee in bankruptcy sworn proof of claim forms that are accompanied by supporting invoices and other pertinent documents. The detailed treatment for creditor claims to be proven and counted is not set out in the CCAA like it is in the BIA.

The Court routinely grants claims procedure orders under the Court’s general powers under ss. 11 and 12 of the CCAA. Claims process orders generally involve developing a technique to interact with all the creditors. This is so they can file their claims. It normally creates a process to communicate to (potential) creditors. It tells them that there is a process they must follow to prove their claims by a specific date.

Toys R Us bankruptcy protection in Canada: Why do we even need a claims process?

The claims process includes an opportunity for the company under restructuring proceedings, or its representative, to check all claims. The Monitor, or its representative, can disallow creditors’ claims, either in whole or in part. The claims procedure establishes an adjudication mechanism. If claims are not agreed upon and cannot be settled by negotiation, then the adjudication process begins. This could be either in court or first by arbitration. Decisions on the claims of creditors are then subject to an appeal to the Court.

Claims procedure orders will usually also set a claims bar date. Claims will not be accepted after this date. it is necessary to have a cut off to give the right numbers for voting and distribution purposes. Late claims won’t be allowed. In this way the Monitor achieves finality.

Toys R Us bankruptcy protection in Canada: Who has the most up to date books and records?

Most large businesses, including Toys R Us, have readily ascertainable payables outstanding. Sophisticated electronic systems carefully track these amounts, supervised and reviewed by the company’s senior financial staff. The electronic systems not only track purchases and payments, but also the many vendor allowances which are offsets to the accounts payable.

Such offsets include:

  • guaranteed sale provisions, which means if the product does not sell within a specific period, Toys R Us can either return the unsold items to the vendor, or take massive discounts against amounts owing for such products;
  • early payment discounts, promotional allowances, warranty fees, co-op/marketing fees and defect fees; and
  • shipping and warehousing fees

So for large companies like Toys R Us, the vendor will most likely be reconciling their books to what the company shows on its books net of the various offsets.

The recommendation to the Court was for a different type of claims process. As indicated above, the process required by the BIA is a positive one. It requires each creditor to prove the state of its outstanding claims by submitting a sworn proof of claim backed up by invoices.

The draft form of claims process submitted to the Court in the Toys R Us bankruptcy protection in Canada proceedings was a different one. It proposed to list creditor claims from the company’s books and records and to provide each known creditor with a simple claim statement. The statement would set out the amount of the respective creditor’s claim recognized by the company. If a creditor agrees with the amount that the company says it owes, the creditor need do nothing and the listed claim will become the final proven claim at the claims bar date. I call this a negative claims process.

Creditors who disagree with the amounts set out in their claims statement can file a dispute notice with the Monitor by the claims bar date to begin a review process.

ISI 4
toys r us bankruptcy protection in canada

Toys R Us bankruptcy protection in Canada: Advantages of the negative option

This negative option has certain advantages in companies such as Toys R Us. These advantages include:

  • eliminating the need for filing proofs of claim and supporting evidence in the majority of cases;
  • guarantees that known claims won’t lose out if a certain percentage of creditors to fail to file their claims on a timely basis; and
  • making the claims process streamlined; and
  • making the process easier for recognizing and counting all known creditor claims

Toys R Us bankruptcy protection in Canada: The negative option approved by the Court

The proposed claims process met the needs of the Court to ensure that any claims procedure is both fair and reasonable. The negative option claims process proposed in the Toys R Us case met the needs of the Court. The Court approved the negative claims process in the Order dated January 25, 2018.

Toys R Us bankruptcy protection in Canada: Does your company require restructuring?

Your company may not be as large as Toys R US, but it is the most important one to you. Your company may be facing financial challenges, and you have tried everything you can think of to solve the problems. But the red ink still flows. Many families rely on you and your company to continue for their survival. You have invested your money, your blood, sweat and tears in your company, and want to do everything possible to save it.

If you find your company in this situation, then you need the help of a professional trustee immediately. Call Ira Smith Trustee & Receiver Inc. If we consult with you early, we could develop a restructuring and turnaround strategy. By doing this your business will once again thrive. It may not be as complex as the Toys R Us bankruptcy protection process in Canada, but it is the most significant one for you.

Our approach for every person and company is to develop an outcome where Starting Over, Starting Now takes place. You’re just one telephone call away from taking the important actions to return to leading a healthy, balanced, and stress free life.

Contact the Ira Smith Team today.

TOYS R US BANKRUPTCY IN CANADA 0
toys r us bankruptcy protection in canada
Categories
Brandon Blog Post

MEDICAL BANKRUPTCIES IN CANADA: PERSONAL FINANCIAL CRISIS

medical bankruptcies in canada

Medical bankruptcies in Canada: Introduction

As Canadians, we have a tendency to assume that our universal health care system will cover everything in a health crisis. We don’t focus on the possibility of medical bankruptcies in Canada like Americans do. The Canadian health care system is extremely comprehensive. But, there is no such thing as 100% coverage for every health care issue that may arise. As an example, the cost of some prescription drugs can be prohibitive.

Medical bankruptcies in Canada: Additional medical insurance plans

Most insurance plans dictate that only a generic substitute can be covered by the insurance. What if it is a new or unique drug where there is no generic version? Some people think because all the health care costs are paid for they will not suffer financially. Many people do not consider the possibility that poor health will prevent them from working. But what if they are not covered by a disability plan that will replace their income. They also were not able to build up an emergency savings plan for when of such an event.

The likelihood is that the older we get, the more reliant on prescription medication we’ll become. Did you know that paramedical services like physiotherapy is not covered, or only partly covered? And, coverage varies from province to province.

Medical bankruptcies in Canada: A health crisis can trigger a financial crisis

Sun Life Financial recently did a survey that clearly demonstrates that a health crisis can definitely trigger a financial crisis:

Medical bankruptcies in Canada: You may be retirement age, but can you afford to retire and lose your extra health coverage?

If you’re fortunate enough to work for a company that provides health care benefits, then this issue may not affect you today; but what will happen once you retire or work for a company that doesn’t provide benefits? At risk are many self-employed people if they don’t have an extended health care plan if a serious health care event takes place.

We’ve written several blogs discussing that many Canadians are working well past the age of 65 to make ends meet. In the Sun Life Financial survey 41% of people who retired sooner than expected cited personal health care as the primary reason. What would you do if you had to retire sooner than expected and had to pay for medication and services not covered in our universal health care plan?

Medical bankruptcies in Canada: How to solve a financial crisis

If you’re in the midst of a financial crisis due to a health crisis, or for any reason, contact Ira Smith Trustee & Receiver Inc. We understand how stressful a time this can be for you and we can get you through this. If you follow our plan, then before you know it you’ll be able to regain your former quality of life. Give us a call today and you’ll be well on your way to Starting Over, Starting Now.

ISI 4
medical bankruptcies in canada
Call a Trustee Now!