Tag: Ira Smith

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GAMBLING DEBTS HELP

Gambling debts: Introduction

The Canadian insolvency process is geared to deal with gambling debts or any debt resulting from addiction. It does not only deal with the debts caused by borrowing money to feed an addiction. The insolvency process is uniquely positioned to deal with the person’s total rehabilitation. When the person hits rock bottom with debts they cannot repay and no more credit to keep borrowing to feed the addiction, a licensed insolvency trustee (LIT or Trustee) (formerly called a bankruptcy trustee) is positioned to help not only with the debt issues but also the rehabilitation issues. Let me explain.

My firm has been involved in helping people out of their debt problems arising from addiction issues. The most common are gambling, alcohol and drug addictions. Professionals have referred us their family members suffering because of an addiction. In my January 31, 2018 blog, GAMBLING DEBT BANKRUPTCY: CAN GAMBLING DEBT BE DISCHARGED IN BANKRUPTCY?, I discussed from a procedural view the issue of gambling debts and bankruptcy. In this blog, I want to focus on how the insolvency process, especially bankruptcy, can deal with overall rehabilitation.

I will draw on my own personal case studies and specifically refer to a recent decision of the Supreme Court of Nova Scotia in Bankruptcy and Insolvency in Donaldson (Re), 2019 NSSC 33.

Gambling debts: What the LIT is expected to do

The free consultation provided by a LIT to an insolvent person pre-filing is where a LIT would find the addiction issues. It will also be noted on the person’s initial filing documents in filing either a consumer proposal or for bankruptcy. The Canadian insolvency system is geared towards giving the honest but unfortunate consumer a fresh start.

In cases of addiction, the LIT must also point the person to community resources to aid in healing the person with the addiction to lead a sober life. This must be a pre-condition for any LIT to support the addicted person’s consumer proposal or discharge from bankruptcy. This is how my practice works. It is also the view of the Court in the Donaldson case.

Gambling debts: The Donaldson facts

Gloria Donaldson and Wayne Donaldson are fourth-time bankrupts. This is their 5th experience with the Canadian insolvency process as one of their filings was a consumer proposal. They made separate filings. The Court found that it really should have been a joint filing.

Gloria and Wayne were 65 and 73, respectively. The Court holding their discharge hearing found both Gloria and Wayne to be forthright, honest and trustworthy. Yet, this is the 4th bankruptcy and the 5th use the Bankruptcy and Insolvency Act, RSC 1985, c. B-3, as modified (BIA).

They declared the source of this bankruptcy as an overextension of credit on real house improvements. They did not list gambling. However, Registrar Balmanoukian found that there is no doubt on the evidence before him that gambling was a significant factor to at least speed up driving the Donaldson’s to this 5th insolvency filing.

The Donaldson’s filings spanned a duration of nearly 40 years. They are seniors. Their future income is restricted, by age and health.

Gambling debts: The bankruptcy discharge will not be easy

A 4th bankruptcy is a really major issue. Without a doubt, also for applications including third-time bankrupts the Courts have revealed an unwillingness in providing the bankrupt’s discharge. At the very least not without an extensive suspension or similar burdensome terms.

Coming to Court for a discharge as a 3rd-time bankrupt is a serious matter. The Court must be satisfied that the insolvent understands and has made enough adjustments in his/her life. The Court wants to know it won’t be possible that an additional bankruptcy will take place.

By the time a person has actually gotten in a 3rd bankruptcy, the objective, as well as the intent of the Act, changes from its restorative function of helping sympathetic yet unfortunate debtors to a shielding culture, and protecting innocent possible creditors. The most effective intents and hopes of such bankrupts is no longer the main issue. The main issue is that creditors be shielded from the insolvent’s shown economic inexperience, carelessness and negligence.

In a 4th bankruptcy, the Court has to pay cautious interest in creating a suitable yet custom treatment when determining what is right in the bankrupt’s application for discharge. The Bankruptcy Court is not just there to be a financial car wash. The truth is that these bankrupts are not rogues. That, however, is not enough of a reason to approve a discharge.

A 4th bankruptcy is a clarion call to the Court and its officers that these people should never come before the Bankruptcy Court again. The issues need to be fixed.

Gambling debts: The bankruptcy discharge must serve a purpose

The proof is clear that Mr. and Mrs. Donaldson did not have the possibility of having sources with which to pay any kind of meaningful amount on their much debt. The passage of time and their health and wellness have actually prevented this. Nevertheless, that does not imply that the Court can only enforce a token wag of the finger and a reprimand “do not do it ever again”.

What the Registrar decided is frankly, something that the LIT should have already done. When I am faced with potential bankrupts whose debt has arisen as a result of spending money they did not have on their addiction, this is what I tell them. I say that if they wish to have any chance of having a discharge from bankruptcy, then they need to get themselves into a rehab program immediately. Gamblers Anonymous and AA are two that we regularly refer clients to. We also tell them that for discharge purposes, they will need to have their sponsor verify to us, in writing, that they have regularly attended and continue to attend meetings to help themselves.

This way, by the time we come to Court, we can prove rehabilitation has already begun. Real rehabilitation helps the person get back on to a clean, healthy life. We have many examples of people we have helped overcome drug, alcohol and gambling addictions, as part of cleaning up their financial debts. In some cases, these people have even become leaders and sponsors themselves in the rehabilitation program that helped them so much. I have great pride in hearing years later from such former addicts I have helped when they tell me that they have saved up enough to buy a home, now have a better job and their family is in a better place because of my help.

The Donaldsons need to get themselves resolved to live within their earnings. They also must learn to stop gambling if they wish to have a chance of surviving this bankruptcy.

Gambling debts: The Registrar’s decision

So the Registrar ordered that the Donaldsons:

  • Shall attend such counselling for gambling abuse and/or addiction for such period as is necessary to get an opinion from a qualified counsellor or medical professional that both of the Donaldson’s are able to conduct themselves without going back to gambling in any way.
  • Refrain from gambling in any form, and further that they enrol and stay enrolled in the voluntary exclusion program with Casino Nova Scotia;
  • Absolutely stop obtaining credit from any lender in any form, except as approved in advance and in writing by the Trustee.
  • Disclose and subject to any provincial exemptions, turn over to the Trustee any property of either or both that comprises “property of the bankrupt” within the meaning of the BIA between the date of the Donaldson’s’ bankruptcies and their discharge.
  • Upon compliance with the foregoing for a period of at least five years from the date of the decision, the Donaldson’s may make a further application for discharge.

The Registrar’s decision is right. The Donaldsons will finally get the help they need to fight their gambling addiction. They will come clean with their LIT about handing over any non-exempt assets. They will not be able to borrow money for gambling again. Once they have been “clean” for 5 years, they may reapply to their discharge from bankruptcy. Hopefully, by then, they will be able to live a healthier life without the stress of gambling debts.

Gambling debts: Do you have too much debt?

Do you have too much debt because of an addiction or otherwise? Are you worried that the future interest rate hikes will make presently affordable commitments entirely unmanageable? Is the discomfort, tension and anxiousness presently detrimentally affecting your health and wellness as well as health?

If so, speak to the Ira Smith Team today. We have decades and generations of helping people and companies looking for financial restructuring. As a licensed insolvency trustee (formerly called a bankruptcy trustee), we are the only experts licensed and supervised by the Federal government to provide insolvency services.

Call the Ira Smith Team today for your free consultation and to make sure that we can begin assisting you to return right into a healthy, balanced, hassle-free life.

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WHAT ARE THE BEST CORPORATE BANKRUPTCIES?

corporate bankruptcies

If you would prefer to listen to the podcast of this corporate bankruptcies Brandon’s Blog, please scroll to the bottom of the page and click on the audio file.

Best corporate bankruptcies: Introduction

Who would think that I could write a blog about the best business failures? Corporate bankruptcy is normally associated with job loss, creditors and investors or shareholders losing out and liquidation.

This is true. But once in a while, corporate insolvency can also be used to end the life of a very financially sick corporation so that a new company can rise from the ashes and offer jobs to the affected employees of the bankrupt company. The story of the ServiCom bankruptcy is an example of the best possible outcome. Here is its story.

Best corporate bankruptcies: The ServiCom shutdown

On Thursday, December 6, 2018, the bankruptcy of the parent company of the ServiCom phone call center in Cape Breton closed it down without warning. It made 600+ Cape Bretoners immediately unemployed less than three weeks before Christmas.

Numerous people were out of a job after layoffs at the Sydney, N.S. telephone call centres over that weekend. The staff members at ServiCom expected to begin their week like they would any other Monday. On Saturday, the news broke that the company had suddenly laid off their staff members. Instead of working, they located themselves applying for unemployment and trying to find jobs.

“We were told to log off and then suddenly we don’t have a job” claimed one former employee. That Saturday, the telephone call centre notified the employees of the information that they no longer had work.

There was no notice for the layoff of this real number of employees. Accordingly, social agencies were incapable to set up conferences or job fairs to aid displaced staff members.

Best corporate bankruptcies: It was tough

Employees like Jamie Barbara were trying to stay positive in light of the problem. “Relieved, relieved now,” she said. “I can go on about my life and look for a job even harder than I was before”.

It was a tough several weeks for ServiCom employees. Many of the workers waited outside the Salvation Army to get a Christmas grocery order. Just before Christmas, that despair has transformed to delight. They obtained good news. Many people were thinking about bankruptcy.

Best corporate bankruptcies: A Christmas miracle

The workers were praying for a Christmas miracle and it arrived 13 days after ServiCom closed its doors.

An American business person, Anthony Marlowe, bought the assets of the bankrupt company for $1.5 million. The workers were thrilled that Mr. Marlowe was entering Sydney, N.S. and taking over. Mr. Marlowe started his career in outbound telemarketing as a call centre supervisor. Currently, he owns many call centre companies.

Todd Riley, the former manager of ServiCom in Sydney is now the Vice President of the new Sydney Call Centre. He claims they’ll be open for service and previous staff members are welcome. All of them will have their jobs back. There could be a couple of transfers from one program to another, however, everybody that was on the payroll will certainly be back.

Best business insolvencies: When jobs are saved

The telephone call centre now operates as the Sydney Call Centre and is owned by Mr. Marlowe’s company, MCI Canada. The excellent news is that he is seeking to expand the business.

Georgina Stuart is just one of many previous phone call center employees that were expecting to return to work in the New Year. “It’s just fantastic that we’ve got hope and work in the future, yes it absolutely does, so we’re looking forward to 2019.”.

There is now a feeling of relief. It was absolutely a roller coaster of feelings for the ServiCom employees. The Sydney Call Centre employees are thrilled to be back to continue their good work.

The building still had the ServiCom name on it when the employees returned. However, it absolutely is currently the Sydney Call Centre sustaining United States telecom AT&T as well as GM’s OnStar service, with much more business to hopefully come.

So, if anyone ever tells you that there is no such thing as best business insolvencies you can tell them this story.

Best business insolvencies: What about your company?

Does your company have excessive debt? Is the business viable but the corporate body is too sick to continue? Is your business in danger of shutting down? Will employees who have become like family be out of a job? Are the pain, stress, and anxiety currently adversely influencing your health and wellness?

If so, contact the Ira Smith Team today. We have years and generations of helping people and businesses seeking financial restructuring. As a licensed insolvency trustee, we are the only specialists certified and overseen by the Federal government to offer financial restructuring solutions.

We provide a free consultation to assist you to solve your problems. We know the discomfort financial obligations causes. The Ira Smith Team can end it as soon as possible from your life. This will permit you to start a fresh start, Starting Over Starting Now.

Call the Ira Smith Team today so that we can start helping you get back into a healthy and balanced, stress-free life.

 

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FINANCIAL DISASTER PREPAREDNESS: 4 STEP PLAN TO STOP FINANCIAL DISASTER

Financial disaster preparedness: Introduction

The people drowning in debt are always scared of the thought of speaking to a licensed insolvency trustee (formerly known as a bankruptcy trustee (Trustee). The purpose of this Brandon’s Blog is to allow me, a Trustee, to give you some basic points on financial disaster preparedness in a non-scary way. Hopefully, it can help you avoid a financial disaster.

On the 27th day of the United States Federal government closure, many federal employees that are already under money stress and anxiety are not surprisingly asking whether an insolvency proceeding is the only alternative.

These people did not ask for this. Although they will eventually receive all their back pay, that doesn’t help their cash flow today.

Some personal bankruptcies are started by events beyond somebody’s control. The US government shutdown is such an example. Alternatively, unlike the shutdown, a number are completely within an individual’s control.

Here are four ideas on just how to maintain your finances from falling off the edge right into insolvency.

Financial disaster preparedness: #1 – Keep an eye on your credit cards

Try to pay your monthly credit card bill, and all your expenses, on or before their due date. If timely payments cannot happen, pay it back asap or arrange a repayment strategy to decrease late charges as well as interest charges.

Never ever carry over a credit card balance. Attempt to pay your balances, including all your expenses, promptly.

Similarly, be conscientious what your credit history is. Almost every person will certainly have a time in their lives when they’ll need to borrow cash for some major expenditure.

Your credit score will affect the borrowing rates you are offered. Knowing one’s credit history can aid people to make a better decision on when to jump, or hold back, on a choice to borrow.

Financial disaster preparedness: #2 – Know your monthly expenses (and savings too)

When I do credit counselling and speak to people about loan basics, I discuss spending behaviours and always talk about the difference between wants and needs. I always encourage people striving for economic self-reliance to begin with a straightforward exercise: document every single expense in a month.

By mapping out all the spending, people can rank where their cash should, as well as shouldn’t, be going. For example keep an eye out for the daily latte, which is a habit because, it builds up, A more expensive specialty coffee is a want, not a need. A less expensive plain coffee could suffice.

There is one routine I always urge. Make a routine that you will set aside a particular percentage of your income for an emergency fund. The same goes for socking away, at the very least a little, to an RRSP. Work these savings into your budget.

In my experience, all consumer insolvencies commonly entail inadequate financial savings to cover the unanticipated. This is a common problem among Canadians that I have previously written about in my blogs.

Credit cards are also a significant cause of personal insolvencies. Many of our personal insolvency clients use credit cards to supplement their income. Rather than budgeting, they use their credit cards for various expenditures that they really cannot afford and are unable to pay down their credit card balances.

Financial disaster preparedness: #3 – Boost your financial literacy

There are various ways to begin early in life to prevent financial disaster problems. If these guidelines sound familiar, that’s because they are. However, yet few individuals appreciate them. That’s partly because they’re not taught it in the schools.

Canadians have a financial literacy problem. Many people think that some people are born rich and others aren’t. The reality is that those who are well off just have a more realistic understanding about spending and saving within one’s earnings.

Financial literacy, like civics education, needs to be a requirement in all elementary school, high school and university educational programs.

Financial disaster preparedness: #4 – Preserve your financial self-reliance


Those who lived through the great depression understand how fragile funds can be. Clipping coupons and looking for the most affordable prices is just part of their normal behaviour.

Insolvency filings have been at their lowest point since 2007, and there are varying explanations for the decline.

During the last decade, Canadians have amassed debt. Now that interest rates are rising, it is expected that personal insolvency filings will rise. Personal insolvencies will be more a part of our world as a result of unexpected disasters and negative decisions.

Corporate bankruptcies will always be a part of the system as markets change and businesses experience threats they cannot survive.

We must all be financially vigilant. I hope these tips will help you in avoiding any form of financial distress.

Financial disaster preparedness: What about you?

Do you have excessive debt? Are you in need of financial disaster preparedness? Does your business have way too much financial debt and is in danger of shutting down? Are you concerned that the future rate of interest hikes will make currently workable financial obligations totally uncontrollable? Is the pain, stress and anxiety currently adversely influencing your health and wellness?

If so, contact the Ira Smith Team today. We have years and generations of helping people and businesses seeking financial restructuring. As a licensed insolvency trustee, we are the only specialists certified and overseen by the Federal government to offer financial restructuring solutions.

We provide a free consultation to assist you to solve your problems. We know the discomfort financial obligations causes. We can end it as soon as possible from your life. This will permit you to start a fresh start, Starting Over Starting Now.

Call the Ira Smith Team today so that we can start helping you get back into a healthy and balanced, stress-free life.

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LICENSED INSOLVENCY TRUSTEE: 12 THINGS THEY MAY NOT TELL YOU!

If you would like a free copy of our eBook:

12 THINGS A LICENSED INSOLVENCY TRUSTEE MAY NOT TELL YOU!

PLEASE CLICK HERE

Why won’t they tell me?

It is not the case that any licensed insolvency trustee purposely won’t tell you everything you need to know. It is just that in all walks of life, some people explain things better than others. Some take more time and care, some are better equipped to explain technical matters in plain English to the layperson and sometimes, like Ira Smith, you might have a senior moment!

So the purpose of this video is to educate the stressed-out person who is facing financial challenges, and who has an appointment to see a licensed insolvency trustee, to give you a checklist of important questions you should ask, so that you walk out of the first meeting with all the information you need to make an educated, informed decision. So, here is our checklist.

12 questions you must ask the Licensed Insolvency Trustee, to get the information you need

  1. Is my first consultation free and how long do I get to meet with the Licensed Insolvency Trustee?
  2. Do you have the necessary qualifications, how many cases like mine have you done before and do you go to Court also or do I have to hire a lawyer to do so?
  3. Is bankruptcy right for me and is it my only option?
  4. Are there other options to avoid bankruptcy?
  5. How much will it cost me?
  6. Will I be dealing with the actual licensee ultimately responsible to the Office of the Superintendent of Bankruptcy for my file or only one of his or her clerks once I enter my insolvency process with you?
  7. How did I feel after meeting the people at their office after my first consultation?
  8. Do you practice exclusively in the bankruptcy/insolvency area?
  9. Do you have experience in only personal insolvency matters, only corporate insolvency matters, or both?
  10. Do you have enough experience and the time to handle my matter?
  11. Will you communicate in a timely manner with me throughout?
  12. So how does this process really work and who do you really work for and what difference does it make?

We hope that you found this checklist useful.

Is this checklist everything the layperson needs to know?

When developing this vlog a while back, we started thinking about all the other things that the honest but unfortunate stressed out person in financial trouble needs to know. We looked around for an appropriate book on Canadian personal insolvency but, we couldn’t find one! We found many resources for lawyers, professional trustees and academics, but nothing for the person in financial trouble. So, we just kept writing and writing, and this ended up in an eBook titled:

 

FREE OFFER FROM IRA SMITH TRUSTEE & RECEIVER INC., A LICENSED INSOLVENCY TRUSTEE

So here is our offer to you. If you would like to receive a complimentary copy of our new eBook which has just been listed on Amazon.com, please subscribe to our blog email list in the form provided on this vlog. We have already sent to all of our subscribers an email with information as to how to get access to their free copy. By clicking on the above link and subscribing to our Brandon’s Blog, you can get one too. No one will ask you for a credit card, PayPal, or any other form of payment. This offer is limited and available only to our blog subscribers as our way of saying thank you.

What should you do if you have too much debt?

Call us today. If you or your company is trapped in high debt, you need the Ira Smith Team to help you manage the situation before it reaches a critical stage where bankruptcy or receivership is your only option. We have been able to help many people and companies carry out successful debt settlement programs or corporate restructuring and turnarounds. It all began with a first consultation. The first step is a realistic cash-flow budget.

We know full well the discomfort and tension excessive debt can create. We can help you to eliminate that pain and address your financial issues supplying timely, realistic and easy to implement action steps in finding the optimal strategy created just for you.

Call Ira Smith Trustee & Receiver Inc. today. Make a free appointment to visit with one of the Ira Smith Team for a totally free, no-obligation assessment. You can be on your path to a carefree life Starting Over, Starting Now. Give us a call today so that we can help you return to an anxiety-free and pain-free life, Starting Over, Starting Now.

Successful completion of such a program will free you from the burden of your financial challenges to go on to live a productive, stress-free, financially sound life, Starting Over, Starting Now.

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HOW SECRET REAL ESTATE FLIPPING BECOMES COSTLY FLOPPING

receiver mortgagee $6.2 million flipped $9 million, property flip, real estate flipping, bankruptcy, professional trustees, receiver, Receiver, receivership, trustee, ira smith trustee, Ahmed Baig, Soundair Corp., restructuring and turnaround, Ahmed Baig, Meridian Credit Union, Meridian Credit Union Limited v. Baig, bankruptcy trustee, starting over starting nowThe television air waves are clogged with real estate reality shows – buying properties, selling properties, real estate flipping properties, renovating properties, income properties… There’s a real estate show that demonstrates every facet of the business and it all looks very simple. But I’m pretty sure that not one real estate reality show told you that real estate flipping when purchasing from a Receiver in Ontario can land you in a heap of legal trouble. Here is the story surrounding the Court of Appeal for Ontario case of Meridian Credit Union Limited v. Baig, 2016 ONCA 150.

Real Estate Flipping

Mr. Ahmed Baig’s corporation bought a downtown Toronto property located 984 Bay Street in a receivership sale. The property was purchased from the court-appointed Receiver with court approval, for $6.2 million in August 2006. Before the deal went through Mr. Baig secretly flipped the property for $9 million, netting a tidy profit of $2.8 million. The Receiver had no clue that when Mr. Baig bought the property he’d already agreed to resell it to Yellowstone Property Consultants (Yellowstone). In fact the Receiver assumed Yellowstone was Baig’s company and neither Mr. Baig nor his lawyer corrected that misunderstanding. On the advice of counsel the deal was structured so that the property would go directly to Yellowstone to avoid duplicate land transfer taxes. What a score for a little paperwork and some creative bookkeeping!

The Flopping

It’s hard to keep a $2.8 million real estate flipping secret and in 2009 Meridian Credit Union Limited (Meridian), the first ranking secured creditor at the time of the sale, and the Applicant in the receivership case, discovered the resale to Yellowstone. Meridian sued Mr. Baig. The Receiver, obliged to maximize the return on assets of any sale, argued it would never have recommended court approval had it known about the real estate flipping.

The Court noted that one of the terms of the Agreement of Purchase and Sale entered into between the Receiver and Mr. Baig’s company stated:

“Article 39 of the agreement of purchase and sale provided that Mr. Baig could assign the agreement to a corporation to be incorporated for the purposes of the sale with the receiver’s consent which could not be unreasonably withheld. However, in respect of any other assignment, the receiver had a consent right and its consent “may be arbitrarily withheld”.”

In the original case in the Ontario Superior Court of Justice, The Honourable Mr. Justice F.L. Myers found that:

“Apart from the normal circumstances where any buyer would be reluctant to tell its vendor that there was another buyer available who would pay substantially more for the property, the fact that the sale occurred in a receivership is important. A receiver requires approval of the court to make a material sale of the debtor’s property. To obtain court approval, a receiver must establish that it engaged in a fair and commercially reasonable process to try to obtain fair market value for the property to maximize realization for the creditors. See: Royal Bank of Canada v. Soundair Corp., 1991 CanLII 2727 (ON CA), 1991 CanLII 2727 (ONCA). If a Receiver learns that it has undersold property it can be in a very difficult position in which it is contractually bound to seek court approval for its sale but it must, at the same time, disclose to the creditors and to the court that it has not maximized realization.”

The Honourable Mr. Justice Myers made the finding that Mr. Baig is liable to Meridian for fraudulent misrepresentation in an amount to be determined by the court.

The Appeal Court Ruled On The Real Estate Flipping

Upholding the lower court decision, the Court of Appeal found Ahmed Baig had deliberately misled the Receiver handling the receivership by failing to alert them to the resale through the real estate flipping. “In certain circumstances, silence and half-truths can amount to a misrepresentation,” the Appeal Court ruled. “Both the appellant and his counsel wanted to prevent the Receiver from discovering the sale to Yellowstone, because the $2.8 million differential in the price would jeopardize court approval,” the Appeal Court said. “Both the appellant and his counsel actively hid the agreement,” the Appeal Court found. Instead of making a fast $2.8 million Mr. Baig was held responsible for the misrepresentations made by his lawyer, who knew documents given to the receiver were false. While Baig had no obligation to disclose the resale agreement, the court decided that his failure to correct the misunderstanding that Yellowstone was his company amounted to fraudulent misrepresentation.

Would this real estate flipping decision be the same in a bankruptcy?

In my view, this ruling would also extend to bankruptcy administrations, as the bankruptcy trustee would be required to obtain either inspector or court approval, and be held to the same high standards as in this case. As professional trustees we are extremely ethical and would never support a fraud or blatant misrepresentation. We help individuals and companies throughout the Greater Toronto Area (GTA) facing financial crisis in need of restructuring and turnaround, receivership or bankruptcy that need a plan for Starting Over, Starting Now. The Ira Smith Team brings a cumulative 50+ years of experience dealing with diverse issues and complex files, and we deliver the highest quality of professional service. Don’t worry about debt; instead take immediate action.

Call us today. If you or your company is trapped in high debt, you need a professional trustee to help you manage the situation before it reaches a critical stage where bankruptcy or receivership is your only option. We have been able to help many individuals and companies carry out a successful debt settlement programs or corporate restructuring and turnarounds. It all began with an initial consultation. The first step is a realistic cash-flow budget. Successful completion of such a program, will free you from the burden of your financial challenges to go on to live a productive, stress-free, financially sound life.

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ARE YOU UP ON THE LATEST PHISHING SCAMS? YOU SHOULD BE!

Beware of both old and new phishing scams

We previously published three blogs and one vlog warning about various phishing scams:

The vlog on the CRA phone scam was published in December 2015. Since then, I know several people who received the CRA phone scam call and one person who actually fell for it and was defrauded.

On March 1, 2016, the Bank of Canada issued a press release on the Bank of Canada email scam, one of the newest phishing scams around. Here is a copy of the Bank of Canada press release:

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Since the CRA phone scam remains rampant and now there is a Bank of Canada email scam. we wish to again present to you, as a caution to remain vigilant, our video on the CRA phone scam and to protect yourself against the scammers.

What to do if you are a victim of one of the phishing scams and have too much debt

If you’ve been scammed by one of the phishing scams, and now are trapped with high debt that you cannot repay, you need a professional trustee to help you manage the situation before it reaches a critical stage where bankruptcy is your only option. We have been able to help many individuals carry out a successful debt settlement program. It all began with debt counseling. The first step is a realistic household budget. Successful completion of such a program, will free you from the burden of your financial challenges to go on to live a productive, stress-free, financially sound life.

If you’re like many Canadians on the brink of a financial crisis, you need the help of a professional trustee today while you have options. The Ira Smith Team can help before disaster strikes. There is a way to manage debt Starting Over, Starting Now. Contact us today.

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HOW AVOIDING CREDIT CARD DEBT CAN ACTUALLY HURT YOU!

avoiding credit card debt, credit card debt, household debt, debt, bankruptcy, assignment into bankruptcy, trustee, trustees, credit cards, budget, budgeting, ira smith trustee

Avoiding credit card debt can hurt you? Are you crazy?

Avoiding credit card debt is certainly something we always counsel. We’ve addressed the dangers of credit card debt on several occasions. More recently we’ve discussed the issue of how credit card debt is contributing to the skyrocketing household debt that many Canadians are facing. However, today we’d like to bring to your attention to an instance where avoiding credit card debt can actually be a bad thing!

Many fitness clubs and studios give huge discounts if you pay your yearly (or longer) membership up front and in full. Financially, it makes good sense to take advantage of these offers. Typically you have the option of paying by credit card, cheque or debit/cash. Few people seem to pay for anything by cheque these days, with credit or debit being the norm. As you will soon see, paying for these types of memberships with a credit card can be a source of protection for the consumer.

Paying for memberships by credit card and not avoiding credit card debt actually helps the consumer

A local downtown yoga studio recently closed its doors without any notice to its members. The closure was unceremonious and on a Monday morning members’ yoga mats were left strewn outside the locked door. Members were at a loss to understand why as the studio appeared to be busy and continued to sell long-term memberships right up to the closure. Unfortunately for members who paid by cash, debit or cheque, recovering their money may not be possible; and if it is, the process will be arduous. However, members who paid with a credit card do have recourse. As of yet there has not been a formal assignment into bankruptcy but regardless, given that the permanent closure of the studio can be proved, the credit card companies will dispute the charges. The consumer will not have to pay for the membership not received.

What if you aren’t avoiding credit card debt and can’t repay it?

We’re certainly not advocating that you start amassing credit card debt. However, there are instances where if you’ve been budgeting correctly and can afford to pay your credit card bills in full and on time, that it makes sense to use your credit card and you don’t have to worry about avoiding credit card debt. If you’re like many Canadians who are struggling with debt from credit cards and/or other sources, contact Ira Smith Trustee & Receiver Inc. We’re professional trustees who are experts in dealing with debt. Living a financially healthy life is possible with professional help. You’re one call away from living a debt free life Starting Over, Starting Now.

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Brandon Blog Post

DEBT COUNSELING TORONTO SERVICES NEAR ME

A debt settlement company is not debt counseling Toronto

Many реорlе thіnk trying a debt settlement company is all about debt counseling. Many people certainly will choose this bеfоrе they іnvеѕtіgаtе bаnkruрtсу. I’m hеrе to tell you that many of thеѕе companies are not асtіng in уоur best interest.

Many are paid—and in ѕоmе cases mаnаgеd—bу сrеdіt саrd companies.

According to a аrtісlе by fіnаnсіаl guru Dаvе Ramsey:

“Some of the thеѕе ‘counseling’ соmраnіеѕ wіthhоld credit саrd рауmеntѕ untіl the account іѕ thrее to ѕіx mоnthѕ past duе. Then, thеу соntасt the lender and nеgоtіаtе to ѕеttlе the bad debt….That’s hоw thеу get nеgоtіаtеd dіѕсоuntѕ on сrеdіt саrd debt. Card companies don’t ѕеttlе on your debts when уоur рауmеntѕ are on time. These ѕеrvісеѕ are аlwауѕ a bad іdеа, and ѕоmеtіmеѕ thеу’rе a complete ѕсаm.”

Dаvе Rаmѕеу isn’t the only one lееrу of these settlement companies. Gail Vaz-Oxlade writes:

“One of the big drawbacks of ….. debt management company is that they don’t come with any serious advice, so people often fulfill their commitment and then go right back out and rack up their debt again.”

The provincial governments have their own opinion. Most provinces have enacted legislation to try to thwart many of their shady practices. Stay away from debt settlement companies. Don’t be afraid to go to a LIT for a free consultation at the first sign of financial trouble.

Why credit counseling?

If done properly, credit advisory services take a holistic approach. It looks at your specific situation, your family, your personal financial objectives and you a person, not just another money spending machine. It takes all of your needs (as opposed to your desires) into account. It also looks into the future as to where you and your family want to be, in order to provide a clear road map to assist you to achieve your goals.

Does a Licensed Insolvency Trustee perform such services?

If you are experiencing financial problems, do not be afraid to consult with a Licensed Insolvency Trustee. By statute, the Licensed Insolvency Trustee is required to do an assessment of your entire asset and liability situation. If the assessment results in a finding that your best option is to work with a qualified counsellor with ongoing follow up, then you will be referred to an appropriate service and you will stay away from any bankruptcy proceeding.

On the other hand, if the Licensed Insolvency Trustee feels that you won’t be able to settle your debts on your own, but it is still early enough for settling with your creditors as an alternative to bankruptcy, then the Licensed Insolvency Trustee will recommend that you settle your debts (if less than $250,000) through a consumer proposal, or (if your debts are $250,000 or greater) through the other proposal provisions of the Bankruptcy and Insolvency Act (Canada). The earlier you recognize that you have debt problems, the more options there will be available to you to avoid bankruptcy.

The next step

As seen in the video, even people with a good profession and high income can experience a bump in the road. If you’re trapped in high household debt, you need a professional trustee to help you manage the situation before it reaches a critical stage where bankruptcy is your only option.

We have provided debt counseling services to many people. This has led us to help them carry out a successful debt settlement program. It all began with debt counseling. The first step is a realistic household budget. Successful completion of such a program will free you from the burden of your financial challenges to go on to live a productive, stress-free, financially sound life.

If you’re like many Canadians on the brink of a financial crisis, you need the help of a professional trustee today while you have options. The Ira Smith Team can help before disaster strikes. There is a way to manage debt Starting Over, Starting Now. Contact us today.

debt counseling vaughan

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Brandon Blog Post

HOW HOARDING CASH DOES NOT ALWAYS LEAD TO GOOD DEBT FREE LIVING AND RETIREMENT INCOME PLANNING

debt free living, retirement income planning, ira smith trustee, hoarding cash, stock market, resource industries, CIBC World Markets, cash holdings, low-yield bonds, GICs, debt, debt load, retirement, trustees, trusteeDoes hoarding cash = debt free living?

Debt free living is certainly elusive for many Canadians. We have grown fearful about the volatility of the stock market and the future of the resources industries. As a result, instead of investing they are hoarding cash. According to a recent report from CIBC World Markets:

  • Canadians are holding a record $75 billion in extra cash that would have normally been invested
  • $75 billion represents almost 10% of the total value of overall personal liquid assets in Canada
  • Personal cash positions were at a record high at the end of 2015
  • Cash holdings are up 11% over the past year
  • The rise in cash holdings is attributed to risk aversion
  • People 35 years old and younger hoarded the most money, as a proportion of their total wealth
  • Notwithstanding all this extra cash, Canadians have the higher debt per capita of all time and have not allocated any of the cash for debt free living

How can hoarding cash effect your retirement?

Low-yield bonds and heavy debt loads may leave you coming up short in retirement, which is becoming more expensive to fund. According to CIBC deputy chief economist Benjamin Tal, many older people, 60, 65 and 70 need to be in the stock market to get a reasonable return. Just GICs will not do because interest rates are so low. Yet it’s a vicious cycle; the TSX has fallen 6.7% since the beginning of the year and is at a two-year low.

We can help with your debt free living plan

We can’t stabilize the stock market, nor can we positively impact the future of the resource industries. But, we can help with debt. The Ira Smith Team is comprised of professional trustees with a cumulative 50+ years of experience dealing with diverse issues and complex files. Your heavy debt load is something we can manage with immediate action and the right financial plan. You can’t have a carefree retirement dragging around a mountain of debt but with one phone call you can be on your way to a debt free retirement Starting Over, Starting Now. Don’t delay. Contact us today.

 

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Brandon Blog Post

DO YOU NEED A HOUSEHOLD BUDGET? MOST CANADIANS DO!

household budget, household debt, canadian household debt, G7 nations, debt-to-income, debt service, debt service obligations, binge borrowing, hot housing market, low interest rates, trustee, debt, debt settlement program, ira smith trustee, starting over starting nowMany Canadians must not follow a household budget. Canada has a lot to be proud of, but not the dubious honour of being a world leader in household debt among G7 nations. The G7 nations are Canada, United States, United Kingdom, France, Germany, Italy and Japan and together the gross domestic product of these seven member nations makes up approximately 50% of the global economy. Unfortunately we are leading our member nations in household debt.

Canada’s household budget watchdog says household debt continues to reach new highs!

According to the Parliamentary Budget Office (PBO), Canada’s budget watchdog, Canadian households could soon be carrying the heaviest debt-to-income loads in history, reaching 174% later this year. Who is the household budget watchdog in your home? If you are the average Canadian, the answer is nobody!

Any sudden economic change can spell financial disaster for your household budget.

The danger is not so much the level of the debt relative to income, but whether we can meet our debt service obligations. Do we have enough disposable income to pay our debts? In increasing numbers Canadians do not have enough disposable income to pay their debts. And, even if they do now, many Canadians are in an extremely vulnerable state.

Any sudden economic changes like a job loss or higher interest rates can spell economic disaster. According to the PBO, our household debt servicing capacity will become stretched further as interest rates rise to normal levels over the next five years. Canadians have been binge borrowing as a result of historically low interest rates and these low interest rates are in large part responsible for the hot housing market.

If you are following a household budget, have you left any room in it for an increase in interest rates, and therefore debt service costs? Canadians are getting in over their heads and could face financial crises when the housing market cools down or interest rates rise.

What will you do if the housing market cools down and/or the interest rates rise? What will it do to your household budget?

The economic warning signs are out there. If you’re trapped in high household debt, you need a professional trustee to help you manage the situation before it reaches a critical stage where bankruptcy is your only option. We have been able to help many individuals carry out a successful debt settlement program. The first step is a realistic household budget. Successful completion of such a program, will free you from the burden of your financial challenges to go on to live a productive, stress-free, financially sound life.

If you’re like many Canadians on the brink of a financial crisis, you need the help of a professional trustee today while you have options. The Ira Smith Team can help before disaster strikes. There is a way to manage debt Starting Over, Starting Now. Contact us today.

Call a Trustee Now!