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PRENUPTIAL AGREEMENTS MAKE FAMILIES STRONGER: THEY AREN’T JUST FOR THE RICH & FAMOUS – PRENUPS IN ONTARIO ARE FOR YOU TOO

prenuptial agreements make families stronger prenups in ontarioPrenuptial agreements make families stronger: Introduction

Every time we hear about another celebrity divorce, there’s talk about their prenup. But prenups are not new, nor are they only for the rich and famous. In fact, prenups have been around for thousands of years and historians believe they were first used in ancient Egypt. Prenuptial agreements make families stronger by hopefully, stating clearly what happens if divorce occurs.

The reality is that with the divorce rate as high as it is (over 40% in Canada and over 50% in the U.S.) prenups make good financial sense for everyone. I know it’s not romantic to plan for when divorce or death happen, but should the worst happen, you’ll be prepared and protected. In this blog, we focus on married couples, but keep in mind most of this applies to people living in a cohabitation arrangement too. We are not lawyers and this blog is not meant to give legal advice. We recommend you seek the advice of an experienced family law lawyer in dealing with any situation.

Prenuptial agreements make families stronger: Prenuptial agreements definition

What is a prenup? A prenup, or prenuptial agreement, is a legal agreement entered into before marriage. It establishes the financial and property rights of each spouse if divorce or death happens.

Prenuptial agreements make families stronger: Why prenups in Ontario?

Why should I get a prenup? As we discussed in our earlier blog, very few couples have had serious discussions about their finances before getting married. Many were not aware of the other’s debts or what their soon-to-be-spouse earned.

Even if you’ve avoided the discussion until now, a prenup will put everything on the table. It legally requires both parties to show all of their assets (including any debt) and will help you formalize your plans for the future. A prenup gives you control instead of the courts “just in case”.

Prenuptial agreements make families stronger: The practical reasons

There are many practical reasons why you should get a prenup. If divorce or death happens it can:

  1. Make sure that the divorce doesn’t turn into a war zone that takes no prisoners
  2. Prevent a long drawn out legal battle
  3. Protect spouses from each other’s debts
  4. Dictate how one spouse’s property can be passed on to children from a previous marriage
  5. Indicate whether one of the parties is to receive alimony
  6. Ensure that upon your death that your assets are distributed according to your wishes
  7. Prevent your spouse from owning a part of your business
  8. Decide who gets custody of the dog, cat or other pets

Prenuptial agreements make families stronger: Don’t be destroyed financially

Prenuptial agreements make families stronger: they aren’t just for the rich and famous – prenups in Ontario are for you too! They can protect you from the financial ravages of divorce.

We’ve seen many couples destroyed financially due to divorce and we could help them get back on track. The Ira Smith Team can help you too. Give us a call today and Starting Over, Starting Now we can set you on a path to debt free living.

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INTEREST RATES CANADA 2017: HOW TO REDUCE DEBT WITH EVERY GOVERNOR STEPHEN POLOZ SPEECH

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Interest rates Canada 2017: Introduction

Canada, the United States and much of the globe has remained in an extended period of reduced rates of interest. But the Bank of Canada, led by Governor Stephen Poloz and the US Federal Reserve, led by Janet L. Yellen as Chair of the Board of Governors of the Federal Reserve System, are the independent bodies in Canada and the US, respectively, that set base rate targets for the financial markets. They have now begun to slowly raise interest rates, so interest rates Canada 2017 are on the rise.

Interest rates Canada 2017: They are on the rise

On July 12, 2017, Governor Stephen Poloz announced the benchmark interest rate increase to 0.75 per cent from 0.5 per cent. Most economists expect that rates will continue to climb at least one more time before the end of the year.

Changing interest rates can impact our ability to service our debt on variable rate or prime based interest rate loans. One way to keep our debt load under control is to adjust our spending and saving behavior to pay down debt appropriately.

Interest rates Canada 2017: They are on the rise – so how much debt should I try to pay off?

When the Bank of Canada signals a rise in its benchmark rate, or a Governor Stephen Poloz speech on interest rates signalling an increase, the Canadian banks then raise:

  • its prime rate of interest;
  • the interest rate on variable rate loan products;
  • the interest rate on loans based off the prime rate;and
  • the interest rate on fixed rate loan products such as mortgages.

When those interest rates rise, we should try to look at paying down some debt so that our total cost of borrowing does not increase. We try to figure out how much debt to pay down by using the following formula:

New Debt Balance = Annual interest expense from older interest rate divided by the new interest expense of the new rate

We use the annual rate of interest of our portfolio before the rate hike due to the fact that we understand that’s what we could currently manage to pay every year. Simply take the weighted average of all the various rates of interest that we’re paying, and separate it by the complete amount of debt we have.

$ 100,000 x 3% = $3,000

Using the example above we understand the annual interest expense I was originally paying was $3,000. So, we could use the formula to figure out how much debt I ought to be reducing to maintain my capacity to service my obligations.

Annual previous interest cost/ the new expense (%) of borrowing = New Debt Balance

$ 3,000/ 3.25% = $92,308

This implies that to keep paying $3,000 a year in interest, I must have a debt balance that’s around $92,300. Because I in fact have $100,000 of debt I have to make some difficult choices.3bestaward

Interest rates Canada 2017: They are on the rise – so it is now decision time

I could either pay down my debt by $7,692 ($100,000 – $92,308), or accept paying more interest each year as well as make my regular monthly payments. The first alternative implies I will need to sacrifice personal costs to conserve more to pay down my debt. The second choice enables me to spend even more now, however will cost me an extra $250 yearly (in this example, 0.25% x $100,000) that I’m providing to the bank with nothing in return.

It really depends on what the purpose of borrowing in the first place was. Debt to pay for consumer purchases, you would want to try to reduce the debt as quickly as possible.

When you incur debt for investment purposes, then you might prefer to pay a little more tax deductible interest. If a stock’s price typically follows earnings, and earnings will grow, then the stock price should eventually grow as well.

The rate of interest we pay is simply one reason. Changes to our income, financial investment income, household scenarios, place, as well as situations around tax obligations all comes into play when making a choice about debt.

Interest rates Canada 2017: The effect of higher interest rates on the economy

Higher interest rates end up causing a slower economic climate. As people rush to pay for debt or spend more cash to service their present financial debts they must spend much less on consumer goods. Every person should set up a financial portrait that captures their scenario precisely so they can plan for further interest rates in the following 12 months.

Interest rates Canada 2017: What should you do if you have too much debt?

I hope that you have found this vlog helpful. If you’re looking for ways to end your financial debt call Ira Smith Trustee & Receiver Inc. Our strategy for every single person is to develop a result where Starting Over, Starting Now comes true, starting the minute you stroll in the door. You’re just one call away from taking the necessary actions to get back on the road to leading a healthy and stress free life.interest rates canada 2017 10

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HOW TO MAKE MARRIAGE LAST FOREVER: OUR COMPLETE GUIDE TO THE TOP DIVORCE PREDICTORS

how to make marrriage last foreverHow to Make Marriage Last Forever: Introduction

They say that love is more important than money. Have you ever tried paying your bills with a hug?

Nishan Panwar

 

How to Make Marriage Last Forever: Love or Money?

Love may be the reason you marry, but sadly it’s not enough to keep you married. I’m sorry to deflate your romantic bubble but, the answer to how to make marriage last forever is money, not love. Money will predict how successful your marriage will be and if it will last.

The No. 1 cause of stress in relationships is money, according to a survey by SunTrust Bank. Having financial arguments is the top predictor of divorce, a separate study by Kansas State University found.

How to Make Marriage Last Forever: The CIBC survey

Jamie Golombek, managing director of tax and estate planning for CIBC, said in a report about a recent survey that financial disagreements are a strong predictor of divorce. This is particularly so among younger couples who are more prone to experience financial stress in their relationships.

The CIBC survey produced some surprising insights:

  • 66% of Canadian couples enter marriage or a common-law relationship in debt
  • 46% said their top financial goal within the first two years of living together was to save up for a vacation (considering that 66% of couples are in debt, this boggles the mind)
  • 33% of couples have had a serious joint discussion about finances before getting married or moving in together
  • 40% have only briefly discussed how to manage finances together as a couple

How to Make Marriage Last Forever: The Great Disconnect

There seems to be a great disconnect when it comes for couples to discuss their finances:

How to Make Marriage Last Forever: Are You A Couple With Too Much Debt?

If you’re a couple in debt, reducing debt should be your top priority. A heavy debt load can affect your life choices. A poor credit rating can negatively impact many things including your ability to buy/rent a house or apartment, lease/purchase a car.

Now is the time to have that serious conversation about your finances and contact a professional trustee on how to deal with your debts. The Ira Smith Team can help you free yourselves from debt and be able to realize your dreams for the future Starting Over, Starting Now. We’re just a phone call away.3bestaward

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CONSUMER PROPOSAL ONTARIO PROCESS: YOU DON’T HAVE TO BE A MVP TO DO ONE

Consumer proposal Ontario process: Livan Hernandez now

Livan Hernandez made a lot of money as a pitcher in major league baseball. Yet, according to court documents, in July 2017 he applied for Chapter 13 bankruptcy in Florida. He filed in federal court at Fort Lauderdale. The purpose of this blog is twofold: 1. to show that even if you have made millions in your career, you can still get into debt trouble; and 2. the consumer proposal Ontario process (Proposal, Plan or CP) which are similar to Chapter 13 US bankruptcy filings.

Hernandez, according to Baseball Reference, made more than $53 million in his job. He states that he owes up to 49 lenders between $500,000 and $1 million and he has $50,000 or less in assets.

The court documents show that most of the creditors he owes are banks and credit cards. He also owes the IRS.

Hernandez pitched for 17 years in the majors, on 9 teams. He played in 2 World Series, winning and making Series MVP honours with the Florida Marlins in 1997 and losing with the San Francisco Giants in 2002.

Consumer proposal Ontario process: Chapter 13 trustee office

Mr. Hernandez would have attended at the Chapter 13 trustee office to file under the US Bankruptcy Code. A chapter 13 bankruptcy is also called a wage earner’s plan. It enables people with regular income to develop a plan to repay all or part of their debts. The Canadian equivalent is our CP.

Consumer proposal Ontario process: The rich and famous have problems too

We have written about the rich and famous having debt problems before. Our previous blogs on this topic include:

  1. FAMOUS CELEBRITY BANKRUPTCIES HAPPEN TOO – July 30, 2013
  2. HIGH EARNERS LIVING PAYCHEQUE TO PAYCHEQUE – October 21, 2014
  3. 40 PARK LANE CIRCLE, 44 PARK LANE CIRCLE TORONTO FOR SALE: ARE FINANCIAL PROBLEMS CONTAGIOUS? – March 31, 2015
  4. BANKRUPTCY ALTERNATIVE: THE CLINTON PORTIS LIST FOR TURNING $40 MILLION INTO A BANKRUPTCY – January 11, 2016
  5. CONSUMER PROPOSAL PROCESS FOR LOTTERY WINNERS? BUT WHY? – January 18, 2016
  6. BANKRUPTCY OPTIONS: DO YOU REALLY NEED A $100K PERSONAL ASSISTANT? – August 22, 2016
  7. #VIDEO – SOMEONE STARTED A KANYE DEBT GOFUNDME: MY THREE CRUCIAL TACTICS TO SOLVE KANYE’S DEBT PROBLEMS# – January 25, 2017

Consumer proposal Ontario process: Just what is a consumer proposal?

This vlog offers the answer to one of the most asked Plan questions. A CP is available to people under the Bankruptcy and Insolvency Act (BIA). Teaming up with a licensed insolvency trustee (LIT) offering to administer your Plan you make an offer to:

  • pay your creditors part of what you owe them over a period not greater than 60 months;
  • lengthen the time you have to pay back your debts; as well as
  • stay free from bankruptcy

Payments are made to the LIT. The LIT uses that cash to pay each of your creditors. The CP must be finished within 5 years.consumer proposal ontario process

Consumer proposal Ontario process: Who qualifies?

To meet the BIA requirements for a CP, you need to be an individual, not a company. Your overall financial debts need to not exceed $250,000 (not consisting of debts from a home mortgage, home equity line of credit or line of credit, secured by your principal residence).

You should also meet the insolvency requirements. This implies that:

  • your debts are greater than the value of your assets;
  • if you sold your assets you would not have appropriate funds to repay your monetary commitments totally;
  • you are unable to pay your debts as they come due

Making simply the minimum monthly payment as disclosed on your credit card statements do not count as repaying your debts.

Consumer proposal Ontario process: What is the cost of a consumer proposal?

Your Plan repayments cover the expense for the consumer proposal. There are no different prices either for doing a consumer proposal or fees paid to the LIT to administer your Plan. The fee the LIT earns is calculated per the BIA.

Consumer proposal Ontario process: How long will my consumer proposal take?

A CP can last for no more than 5 years. Nonetheless, you can reduce the term either by 1. increasing the amount of your month-to-month repayment agreed to with your creditors in your Plan or; 2. by giving a round figure settlement all at once (if you could get an adequate amount from either a financial institution or family).

Consumer proposal Ontario process: What are the actions involved in a consumer proposal?

A CP allows you to pay all or part of your unsecured debt in regular monthly payments over an established period (again, not exceeding 60 months).

In composing your Plan, the LIT has to make sure that your CP provides a better outcome for your creditors compared to what they could expect to receive in your personal bankruptcy.

The typical actions of a LIT assisting you in your CP are:

  • learn from you about your assets and liabilities;
  • work with you to create a strategy that you both believe will serve the requirements of both you and those you owe;
  • draft the Plan;
  • send the Plan to the Office of the Superintendent of Bankruptcy;
  • mail out the CP to your creditors who will have 45 days to accept or reject it.

The creditors can accept or reject your consumer proposal at a meeting of creditors if such a meeting was held. Usually, under a Plan, there is no need to hold a meeting.

Consumer proposal Ontario process: Can a consumer proposal stop debt collection agencies as well as prevent my wages from being seized?

Yes. As soon as the filing of a CP happens, all creditors must stop all legal action against you, including seizure activities (aside from any family law responsibilities under a proper settlement arrangement or court order).

Consumer proposal Ontario process: In a consumer proposal, will I turn over my residence as well as my auto?

Typically lending institutions who register a mortgage or various other security for financing are outside the CP procedure. It is the equity you have in your residence or auto that must be considered when you initially work out a budget and what type of Plan strategy you are going to make with your LIT.

If you have enough earnings to keep paying the mortgage against your home and/or your car loan as well as you wish to maintain the properties, you can do so. Again, your equity needs to be taken into consideration in the offer you make to your creditor. Also, your income, as well as costs, need to be evaluated to make certain you can pay for all these expenditures plus the regular monthly payment under your CP.

KEEP IN MIND: If you were to surrender your home or auto after declaring your Plan, you will not be spared the responsibility for any shortfall on your mortgage or auto loan given that the surrender took place after the filing of your CP.

Make certain that if you are giving back your home or auto to your lender, you await the bank to acknowledge that you have turned them over. Additionally, wait till they have begun their enforcement BEFORE you file your CP. That way any shortfall they experience will be a debt caught in your Plan

Consumer proposal Ontario process: Will I need to surrender my charge cards?

Typically, you must be prepared to give each of your charge cards to the LIT and you will not be able to ask for a brand-new credit card till after your Plan is completed. You can take advantage of a guaranteed/secured charge card.

If my creditors reject my CP or I fail to fully do it, will I automatically become bankrupt?

We highly recommend you to put your best foot forward when submitting your CP. We also recommend that you make your payments constantly on time. If your Plan is rejected by your creditors or you drop 3 payments behind, your CP will go into default. If that were to happen, you will no more have protection from your creditors and their collection initiatives.

Consumer proposal Ontario process: What should I do if I have too much debt?

If you’re thinking of a debt settlement program or are seeking methods to solve your debt problems and avoid bankruptcy, call Ira Smith Trustee & Receiver Inc. Our method is for every single person is to create an outcome where Starting Over, Starting Now comes true, starting the minute you walk in the door. You’re simply one call away from getting back on the road to leading a healthy, balanced and tension free life.consumer proposal process ontario

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DELAYED RETIREMENT A NEW TREND: CAN GIVING MONEY TO ADULT CHILDREN COMPROMISE YOUR RETIREMENT?

delayed retirement a new trend 1

Delayed retirement a new trend: Introduction

Parents never stop wanting to help their children but there is a growing trend which can compromise the retirement of some seniors. It seems that many adult children are still financially reliant on their parents and treating them like an ATM. This makes delayed retirement a new trend.

Parents are paying for their adult children’s rent, cars, cell phones and even vacations, with money they often have to borrow. “There are quite a lot of our members, indeed, who have taken out loans to help their children and grandchildren because they have a better credit rating,” says CARP Vice President of Advocacy Susan Eng.

Delayed retirement a new trend: Grown children have a message for parents

A report by CIBC demonstrates clearly how helping adult children financially can negatively impact retirement plans.

  • 66% of parents are dipping into their nest eggs to support their adult children
  • 47% of parents said they have had to cut into their personal savings to help their children
  • 44% said they have had to limit travel or spending on themselves
  • 25% of parents are giving their adult children $500 or more each month
  • 71% helped their children by offering free room and board in the family home
  • 47% helped with groceries and household expenses
  • 35% helped with cell phone bills
  • 20% have delayed retirement
  • 14% have delayed selling or downsizing their home

Delayed retirement a new trend: Forget what the retirement savings calculator said!

Unfortunately, it seems that parents supporting adult children is becoming the new normal. But, how far should a parent go to financially support their adult children? Many are delaying retirement. Others are borrowing money and accumulating debt which will certainly compromise their retirement.

This is a problem that can’t be solved with a quick fix. As a first step we strongly recommend budgets for both the parents and the adult children. This may help to get the spending under control.

Delayed retirement a new trend: What can you do if you have too much debt?

For parents that now find themselves getting deeper and deeper in debt our best advice is to contact a professional trustee. The Ira Smith Team can help. We have a cumulative 50+ years of experience dealing with diverse issues and complex files and we deliver the highest quality of professional service. There is a way out of debt and back to financial peace of mind Starting Over, Starting Now. Give us a call today.3bestaward

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CREDIT CHECK FAILED REASONS: 5 STUPID REASONS STOPPING YOU FROM GETTING THE LOAN YOU COULD ACTUALLY REPAY

Credit check failed reasons: Introduction

Below is our list of 5 stupid credit check failed reasons stopping you from getting that loan you can repay. You likely recognize that not paying your credit card on schedule or missing out on a settlement could harm your credit score. That is probably the most common credit check fail. So, those reasons are not on our list of credit check failed reasons. There are much less clear methods to sink your rating. You could be doing some without understanding the influence you’re triggering.

Below are 5 unexpected methods you could be damaging your credit score:

  1. Credit check failed reasons: Decreasing your credit line

You might assume that you’re increasing your credit score by reducing your credit line on your credit card. However that could be having the other impact. Credit score use is the second-most vital credit score aspect, after history of credit card repayments.

Your credit use is your compared with just how much you’re using. When you lower that proportion, that is a good thing. Many professionals suggest maintaining it around 30 to 35 percent.

By reducing your authorized credit amount, you’re really increasing your credit use proportion.

Toronto financial advisor Seun Adeyemi says that most people are not aware that cancelled credit lines, even after making full repayment, can hurt your credit score.

Here is an example. Say you have 2 credit cards:

  1. a Visa with a $1,500 balance as well as a $4,000 credit limit;
  2. as well as a MasterCard with $1,500 outstanding and a $6,000 credit authorization.

Your credit usage is just 30 percent since you’re making use of $3,000 of your readily available $10,000.

If you reduced your credit limit to $4,000 on that MasterCard, you’re currently utilizing $3,000 of a readily available $8,000. This presses your credit usage to over 35%.

credit check failed reasons 2
credit check failed reasons

  1. Credit check failed reasons: Leasing an automobile with a debit card as opposed to a credit card

When you’re leasing, it’s a great deal less complicated when you make use of a credit card.

Utilizing your debit card will lead to a pull on your credit report. While it could be a soft pull– implying it does not harm your debt– there’s a chance it might be a hard check. A hard check does affect your credit rating.

The procedure changes slightly in the auto rental business. Making use of a debit card will certainly result in a soft credit inquiry. However, when using a debit card to rent a car, there will probably be a hard pull on your credit rating at the first time (when you check-in and get the car).

There would not be a credit check if you use of a credit card for renting a car.

An included incentive of renting your car with a credit card as opposed to debit: Many credit cards offer vehicle rental insurance coverage. This saves you even thinking about taking the car rental company’s costly insurance package.

  1. Credit check failed reasons: Not paying your library fines (yes, libraries still exist!)

Not paying your penalties might lead the library to withdraw your privileges, as well sending your past due account to a collection company. When a collection agency obtains your overdue account, if you don’t pay, it will be noted on your credit report that you are in collection and have not paid. This will adversely influence your credit score.

credit check failed reasons
credit check failed reasons

Normally, you need to owe around $40 or more before the account being sent to collections. To prevent all this, check your public library’s plan on fines, as well as, obviously, paying your late charges in a prompt fashion.

  1. Credit check failed reasons: Not paying your parking tickets

When it concerns vehicle parking tickets, you have 2 choices:

  1. you could pay them; or
  2. go to Court and fight them.

Just what you do not want to do is disregard your parking tickets.

If you do choose to or forget to pay them, after a specific duration, your account will certainly go to collections. The policies on vehicle parking penalties differ by city. For instance, in Toronto, the use of debt collectors starts when your vehicle remains in plate rejection. This is when you could not restore your plate sticker label or acquire brand-new plates– for 2 years. Also, your tickets outstanding balance is more than $300.

  1. Credit check failed reasons: Owing the taxman

If you have an outstanding amount payable on your income tax return, it’s important to settle that financial obligation to the Canada Revenue Agency (CRA). Overdue tax obligations could cost you in penalties and interest. It will also make it more challenging to get loans.

When submitting your tax return, any amount owing is due on April 30th, or the next Monday if April 30 falls on a weekend.

Credit check failed reasons: Not paying CRA is a self-inflicted indirect hit

Not paying your taxes does not directly hit your credit rating. However, two standard questions on any loan application are:

  1. what is the last year you filed your income tax return for; and
  2. how much do you owe to CRA for personal tax.

Not being current in your filing, or having an amount owing to CRA, will limit your chances to get that loan you are applying for.

When applying for a mortgage or home equity line of credit, most lenders ask for a duplicate of your Notice of Assessment from the previous 2 years. If the potential lender sees that you owe the CRA a great deal of money, they might offer you a higher rate of interest than the posted rate or worse, refuse your application.

Credit check failed reasons: What to do if you can’t repay your debts – even if you still have an OK credit score

Maintaining a good credit score is more than just paying your credit card on schedule, yet it does not need to be made complex. You should always aim to pay any type of arrears in a prompt style, as well as understand how every activity or transaction can affect your credit score.

If you are having problems repaying your debt, don’t be afraid to seek professional help. Don’t be enticed by the commercials for debt settlement. A recent study by the federal government shows that people who first go to a debt settlement company, end up paying more to settle their debts than if they just went to see a . That same study shows that ultimately, the debt settlement program alone does not work and the person ends up filing a consumer proposal with a licensed insolvency trustee.

credit check failed reasons
credit check failed reasons

The Ira Smith Team has helped many people in debt get back on track and living debt free lives Starting Over, Starting Now. Take the first step and give us a call today.

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FINANCIAL SECURITY PLANNING PROCESS: PREPARING AND FOLLOWING A PROPER HOUSEHOLD BUDGET FORM WILL FORCE YOU TO ACHIEVE FINANCIAL SECURITY

financial security planning processFinancial security planning process: Introduction

We can’t stress enough how important a household budget form is to your financial security planning process. Many Canadians are under the mistaken impression that budgets are only for people in debt.

Nothing could be farther from the truth. Everyone, regardless of your net worth or the amount of debt you’re carrying needs a budget. It’s the only way to control your money and make sure that you and your family are financially secure and achieving long-term financial security.

Financial security planning process: 6 great reasons why you need a household budget form

Still not convinced? Here are 6 great reasons why you need a household budget form:

  1. A budget gives you control over your money: A budget is a list of all revenues and expenses. It allows you to plan how you want to spend your money. Instead of money just flying out of your wallet, you make intentional decisions on where you want your money to go. You’ll never have to wonder at the end of the month where your money went or look for a hole in your wallet.
  2. A budget keeps you focused on your financial goals: Budgeting will allow you to meet your financial goals – paying down debt, funding a retirement savings plan, buying a house… – as long as you follow it religiously. With a budget you’ll know exactly what you can afford and you can divide your money appropriately. E.g. If your immediate goal is to save for the down payment of a house, then you may have to forgo that vacation you wanted to take. Your budget will tell you exactly what you can or can’t afford.
  3. A budget will make sure that you don’t spend what you don’t have: Credit cards are a great convenience but they also make it really easy to spend because there is no cash exchanged in the transaction. Many Canadians rack up serious credit card bills and land up deep in debt before they realize what’s happened. When you use and stick to your budget you have to account for everything you spend, even if it’s a credit card purchase. You won’t wake up deep in debt, wondering how you got there.3bestaward
  4. A budget will prepare you for the unexpected: Every budget should have a rainy day fund for those unexpected expenses. It’s recommended that you should budget for three months worth of expenses for when there may be an unexpected lay off or other unplanned for major expense. Don’t be alarmed; you don’t have to put away all the money at once. Build your fund up slowly.
  5. A budget reduces stress: Many Canadians panic every month about where the money will come from to pay their bills. A budget will give you peace of mind. It shows you how much you earn and what your expenses are. If need be you can reduce unnecessary expenses or take on extra work to live within a balanced budget. No more panicking at the end of the month.
  6. A budget can help you afford the retirement you’ve been dreaming of: Saving for your retirement is very important and your budget can help you save for your future. Set aside part of your income every month for retirement savings. Start early and consistently stick to it. The money you save now will dictate the kind of retirement you can expect.

Financial security planning process: What to do if you don’t have a household budget form and know you need one

A budget is your ticket to financial security. If you don’t have one yet, start budgeting today. Below you will see the link to download our free household budget form.

If you’re trying to get out of debt, contact Ira Smith Trustee & Receiver Inc. We can help you get out of debt and back on track to saving for your future. Make an appointment for a free, no obligation consultation today. You’ll be amazed at how bright the future can look Starting Over, Starting Now.

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BANKRUPTCY BLOG CANADA: OUR SUBSCRIBERS RESPONSES TO OUR SURVEY ABOUT BRANDON’S BANKRUPTCY BLOGSPOT

Bankruptcy blog Canada: Introduction

Our bankruptcy blog Canada is designed to answer questions that you have about a bankruptcy or financial debt question.

Bankruptcy blog Canada: Our often asked questions we try to answer in our Brandon’s Blog

Contact a Licensed Insolvency Trustee in your place currently with your inquiry, and receive an individualized answer.

Select a bankruptcy blog Canada site class to read concerns from other readers, as well as solutions from our trustees:

You could additionally send your personal confidential concern. One inquiry chosen each day for our experts to answer. To assure a solution to your question, please e-mail a trustee in your area.

For declaring bankruptcy inquiries as well as relevant subjects, depend on the professionals at Ira Smith Trustee & Receiver Inc.

Bankruptcy blog Canada: Recent anonymous questions

Customer’s Guide to Credit Card Fraud

It’s not common, one of the things that could trigger people to file bankruptcy or a consumer proposal is if they’ve been the target of credit scores card scams. Here are some things you can do to secure on your own. Among one of the most common ways that people succumb to bank card fraud is simply […]

Can I declare bankruptcy while on Long Term Disability?

A couple of months ago I got a letter from Long Term Disability (LTD) to pay them back around $ 50,000.00. I am not able to pay this measure. I asked many various economic establishments to get a lending.

Considering bankruptcy blog Canada: minimal financial obligation

Looking to assert bankruptcy. Is his revenue considered my revenue if I send? The financial obligation is all my very own, none of it is joint with my spouse.

Just what occurs to money received after a bankruptcy or consumer proposal? If I were to file for bankruptcy, or a consumer proposal, in Quebec, and after a year or two I won a considerable quantity of money, exactly what would certainly occur to these funds in a court case?

Can I receive it without anybody being able to touch it?

Exactly how Does Consumer Proposal Affect Families?

Households, like people as well as pairs, have a vast array of expenses that draw on their financial resources. But also for family members with children, expenditures are often bigger as well as more diverse than expected. Youngsters Can Be Expensive! Children are the typical “wild cards” when it pertains to household costs. Parents supply well for their […]3bestaward

Bankruptcy blog Canada: Power of Attorney and financial responsibility

There are bank debts and credit card debt. Is it acceptable to negotiate with these borrowers to pay a percentage of the debt than the full amount?

Earnings residential or commercial property and Consumer Proposal

I have an inquiry about a rental residential property and home appliances inside it. If I were to give a consumer proposal as well as let the financial institution take back, my earnings home am I entitled to remove the machines before providing the residential or commercial property back?

Bankruptcy on mortgage with an ex lover spouse.

My ex-spouse. I can not pay the home loan as it is a high-interest rollover as well as if I go bankrupt am I responsible for any financial debt if he sold the house or goes insolvent himself.

Bankruptcy blog Canada: Awaiting Trustee’s Discharge

After an individual obtains instantly released why do we have to wait for the Trustee to be discharged? My discharge was 2.5 years earlier, and the Trustee office states they are waiting to be discharged.

Secured financial obligation by another person and bankruptcy

Wondering just what happens if we file bankruptcy, as well as we have a protected credit line with my mother in law? We have a $30000 credit line that my mommy in regulation protected with her savings, however we must declare bankruptcy as well as would like to know just what will certainly happen to her as well as her […]

Bankruptcy blog Canada: What to do if you have too much debt

I hope that you have found this vlog helpful. If you’re looking for ways to end your financial debt call Ira Smith Trustee & Receiver Inc. Our strategy for every single person is to develop a result where Starting Over, Starting Now comes true, starting the minute you stroll in the door. You’re just one call away from taking the necessary actions to get back on the road to leading a healthy and stress free life.bankruptcy blog canada 10

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Brandon Blog Post

BORROWING IN RETIREMENT: YOU WERE BORROWING RETIREMENT SAVINGS AND BORROW MORE NOW THAT YOU ARE RETIRED?

borrowing in retirementBorrowing in retirement: Introduction

At a time when Canadian seniors should be living a carefree life, they’re unfortunately borrowing in retirement. Retired people are accumulating non-mortgage debt at the fastest rate of any age group in the last 12 months.

Borrowing in retirement: Seniors rely upon debt

Equifax data on this subject is nothing short of alarming:

  • The average amount of debt held by those over 65 is $15,244
  • Those 65+ owe on average 6.1% more than they did a year ago—the Canadian average increase was 3.1%
  • 15% of seniors still carry a mortgage and rely upon mortgages borrowing in retirement
  • 30% of seniors carry unsecured lines of credit
  • 10% of seniors have a home equity line of credit3bestaward

Borrowing in retirement: The Broadbent Institute study

To add insult to injury a report by the Broadbent Institute paints a very bleak picture of the financial situations of many Canadian seniors who now rely very heavily or entirely on government and other retirement benefits.

  • 28% per cent of single women and 24% of single male seniors are living in poverty in this country
  • Canadians in the majority are retiring without an employer pension plan have totally inadequate retirement savings — the median value of their retirement assets is just over $3,000
  • 55% have savings that represent less than one year’s worth of the resources they need to supplement government programs like OAS/GIS and CPP/QPP
  • Fewer than 20% have enough savings to support the supplemented resources required for at least five years
  • For those with annual incomes in the range of $25,000–$50,000, the median value of their retirement assets is close to just $250
  • For those with incomes in the $50,000–$100,000 range, the median value is only $21,000
  • Less than 20% of middle-income Canadians retiring without an employer pension plan have saved anywhere near enough for retirement
  • Only 28% of Canadian seniors without employer pensions have five years’ worth of replacement income saved

Borrowing in retirement: There is a need for seniors debt relief

Borrowing money in retirement is not a way out; it’s the fast lane to debt that you can’t hope to repay. With a greatly reduced income or no income at all beyond government benefits and programs, many are in need of seniors debt relief.

It’s so easy to use that line of credit or rack up high interest debt on credit cards. Larry Moser, a divisional manager at BMO InvestorLine, says it’s important for retirees thinking about borrowing money to understand how they’re going to pay it back or if they’re going to let their estate repay the money after they die.

Don’t be embarrassed to seek professional help. Don’t be enticed by the commercials for senior debt consolidation also. Debt consolidation works when you are working and have enough income to reserve a part for debt repayment. It doesn’t work on a reduced retirement income.

The Ira Smith Team has helped many seniors in debt get back on track and living debt free lives Starting Over, Starting Now. Take the first step and give us a call today.

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HOW TO SOLVE THE BIGGEST PROBLEMS WITH BANKRUPTCY PROTECTION MEANING

Bankruptcy protection meaning: Introduction

The Cambridge English Dictionary gives us the bankruptcy protection meaning as follows:

“bankruptcy protection noun [ U ]

UK ​ US ​ also bankruptcy-law protection

​LAW, FINANCE laws that limit the amount of money a bankrupt company (= one that owes more money than it can pay) must pay to those it owes money to:

The firm filed for bankruptcy protection after a massive accounting scandal.

We have filed for bankruptcy protection from creditors.

It’s the second time the company has sought bankruptcy protection in 25 months.

The Chicago-based business, already forced into Chapter 11 bankruptcy protection, said that a complete collapse is now a “distinct possibility”.

See also

Chapter 11”

Bankruptcy protection meaning: Bankruptcy protection meaning

The above definition is helpful, but, I would make one small change to it. There is a difference between a company that does not have enough cash to meet its expenses, or whose assets are worth less than the value of its liabilities. Such a company is insolvent. Such a company is only bankrupt if it has filed an assignment in bankruptcy or a Court has issued a Bankruptcy Order against it. Insolvency is the financial condition; bankruptcy is a legal state.

So, I will give you my bankruptcy protection Canada definition:

Bankruptcy protection is a legal state where the insolvent company (or person) has filed under the country’s bankruptcy laws to restructure and avoid becoming a bankrupt.

Bankruptcy protection meaning: How does it begin?

A company starts to go into “bankruptcy protection” by putting together its motion to the Court to tell that:

  1. they are admitting that they cannot pay their debts generally as they come due;
  2. their assets are worth less than the amount of their liabilities;
  3. they cannot continue in business in their current financial and business condition;
  4. there may be come calamity about to befall them if they do not have the time and breathing space to focus only on a restructuring and running of their business to regain profitability;
  5. and they’re asking for the Court’s help and protection while they formulate a proposal or a plan of arrangement to present to the creditors.

The company is not seeking “bankruptcy protection”. Rather, it is seeking protection from its creditors. It is seeking a “time out” from the Court so that the company’s creditors cannot begin or continue legal action against the company. It wishes to be protected from such outside influences so that nobody can tip it over.

Management is saying that if given time, it believes that it can come up with a plan to restructure the company so that it can emerge a better and financially healthy company. It wishes to take the opportunity to see if its creditors, and the Court, will agree to a restructuring plan. It wishes to continue in business to continue to buy and sell goods and services and to continue to be an employer.

Bankruptcy protection meaning: We have all heard about Chapter 11 bankruptcy protection

We have all heard about Chapter 11 bankruptcy protection proceedings. This refers to the restructuring provisions of the United States Bankruptcy Code. A case filed under chapter 11 of the United States Bankruptcy Code is often called a “reorganization” bankruptcy.

The Chapter 11 filing provides bankruptcy protection to the company and allows it to restructure itself and its assets to attempt to maximize creditor and shareholder value and avoid bankruptcy. A Chapter 11 case begins with the petition being filed with the bankruptcy court serving the area where the debtor can show a domicile or residence. A petition may be a voluntary petition, a debtor filing, or it may be an involuntary petition, a filing by creditors that meet certain requirements.

You have probably just heard about Chapter 11 this week, as Takata Corp., the Japanese company that made faulty airbag inflators and is now the subject of many lawsuits in the United States and elsewhere just filed Chapter 11 bankruptcy protection proceedings this week.

Bankruptcy protection meaning: Does Chapter 11 exist in Canada?

Chapter 11 is not a Canadian term or provision. In Canada, there are two federal statutes that a company wishing to reorganize can rely upon. Because they are federal statutes, they apply across the country. So, it does not matter if you are applying for bankruptcy protection Ontario Canada or in any other province.

The first statute is the Part III Division I Proposal restructuring provisions of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA). The second, and today more common statute large companies file under, is, the Companies’ Creditors Arrangement Act (R.S.C., 1985, c. C-36) (CCAA).

There is no such thing as a bankruptcy protection act Canada. The BIA and CCAA are also not new bankruptcy laws in Canada. They have been on the books for some time and form part of the corporate bankruptcy laws in Canada . This vlog does attempt to give a bankruptcy protection Canada definition.

Bankruptcy protection meaning: The Canadian restructuring laws

Both companies and people can file under the restructuring provisions of the BIA. Only companies that meet the test can file under the CCAA. The CCAA is a relatively brief statute which allows a company the time for them to restructure their affairs. The CCAA is more flexible than the BIA and that is why it is the restructuring statute of choice for large and complex Canadian corporations. It has often been called the Canadian Chapter 11.

The reason for filing under the restructuring provisions of either the BIA or CCAA, is for the company to avoid bankruptcy. So there is a big difference when considering bankruptcy protection vs bankruptcy. That will be a topic for another blog or vlog.

A company would file for restructuring if management believes there is a viable business to be saved. Management believes that it has a viable business within the corporation and the corporation can be nursed back to good health by taking certain steps, including:

  1. reducing debt;
  2. preparing and implementing a new business plan;
  3. reducing expenses; and
  4. perhaps shedding redundant assets and/or unsuccessful business units.

3bestaward

Bankruptcy protection meaning: What happens to the company when it is in restructuring mode?

The premise is that management remains in control of the business, its assets and operations while restructuring. As part of the plan, there may be senior management changes if confidence has been lost in the old management. However, management remains in control and the company continues to run.

The further assumption is that the company has enough cash flow, and/or enough lines of credit while in reorganization mode, to run and ultimately emerge from its restructuring proceedings. The Court needs to know that there will not be prejudice to any creditor by providing the bankruptcy protection to the company. Ultimately, the creditors and the Court will consider the company’s restructuring plan and decide whether to approve it.

Bankruptcy protection meaning: Some examples please

There have been many CCAA filings over the last few years. Some very well-known household names in fact, such as:

  1. Sears Canada Inc. – June 22, 2017
  2. Express Fashion Apparel Canada Inc. and Express Canada GC GP, Inc. – May 04, 2017
  3. Grafton-Fraser Inc. – January 25, 2017
  4. Performance Sports Group Ltd., Bauer Hockey Corp. – October 31, 2016
  5. Urbancorp Group of companies – May 18, 2016 and October 6 and 18, 2016
  6. Golf Town Canada – September 14, 2016
  7. Victorian Order of Nurses for Canada – November 25, 2015
  8. Verity Energy Ltd. – May 1, 2015
  9. Target Canada Co., et al – January 15, 2015 (this was just a liquidation, not a restructuring, but they used the CCAA)
  10. U.S. Steel Canada Inc. – September 16, 2014

Bankruptcy protection meaning: What to do if your company cannot carry on because of too much debt

If your company has too much debt and insufficient cash flow, you need your plan and strategy in place NOW. Contact us now. The Ira Smith Team is here to solve your debt problems and help you carry out that winning strategy, no matter the reason. We’re here to help and get you back on solid financial footing Starting Over, Starting Now. We’re just a phone call away.

UPDATE: CHECK OUT OUR NEW VLOG BY CLICKING ON:

SEARS CANADA IS CLOSING: THE #1 REASON YOU HAVE TO RUN AND NOT JUST WALK TO REDEEM YOUR GIFT CARDS AND CREDITS

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