Tag: licensed insolvency trustee

CREDIT CARD DEBT AFTER DEATH IN CANADA: WHO IS RESPONSIBLE?

Post author By Brandon Smith
Post date August 7, 2019

[monkeytools msnip=”https://monkeyplayr.com/playr.php?u=5173&p=21209″]

Introduction

The other day I received a phone call from a fellow wanting to know who is responsible for credit card debt after death in Canada. He was, unfortunately, suffering from a terminal illness and wanted to get his affairs in order. His wife will be both the Estate Trustee and beneficiary under his will.

This is not the first time I have received such inquiries. In dealing with the bankruptcy of deceased estates, this question, amongst others, is quite common. So, given the phone call, I thought it might make for an interesting blog to answer, what I have found to be, the most asked questions dealing with what happens to debt when you die Canada.

The 8 most asked questions

The 8 most asked questions I have found around credit card debt after death in Canada are:

Who is responsible for credit card debt after death?
Is my spouse responsible for my credit card debt in Canada?
If your parents die with debt who pays it in Canada?
Is an executor responsible for the debt in Canada?
Am I inheriting my parents’ debt in Canada?
Is there credit card debt forgiveness upon death?
What happens to debts after death with no assets in the estate?
Am I responsible for my spouse’s debt in Ontario?

Who is responsible for credit card debt after death?

The deceased’s estate is responsible for the credit card debt incurred by that person while they were alive. Therefore, any assets in the estate must first be used to pay off the person’s creditors, including tax amounts owing to Canada Revenue Agency. The creditors must be paid in full before any distribution is made to the beneficiaries.

If any person has co-signed the credit card agreement, or has guaranteed the debt or indemnified the credit card issuer for the debt incurred by the person on their credit card account while alive, then that person is liable if there are not sufficient, or any assets in the estate to pay off the credit card debt in full.

If any person holds a supplementary card on that person’s account, then under the credit card agreement, that person is normally held responsible by the credit card issuer for any unpaid debt on the account. That individual is also responsible to repay the bank card debt completely if the estate cannot pay the debt off in full.

Is my spouse responsible for my credit card debt in Canada?

Just like in the last situation, your spouse will be responsible if your spouse:

has guaranteed the debt;
indemnified the bank that issued the credit card; or
is a holder of a supplementary credit card on the same account.

If none of the above conditions are present, then your spouse cannot be held responsible for your debt.

If your parents die with debt who pays it in Canada?

Many times parents name all their children as Estate Trustee. They do so to make sure that the children know that their parents loved them. Hopefully, all the children are also beneficiaries too.

The fact that children are either an Estate Trustee, a beneficiary or both, does not make them liable for their parents’ debts upon their death.

There are however three situations where the children may be liable. They are:

Where there are assets in the estate, the children as Estate Trustees fail to pay all the debts prior to distributing funds to the beneficiaries.
One or more of the children have guaranteed or co-signed for a debt of one or both of the parents or has indemnified a creditor on behalf of one or both parents.
Is a supplementary cardholder on an account of one of the parents and at the date of death, there is an amount owing.

In any of the above cases, hopefully, there are sufficient assets available to pay off the debt(s) so that the individual child won’t be called upon to make good on the debt. In the case where there are no, or there are not enough assets AND one of the above situations exists, then the child will be called upon to pay off the debt.

Is an executor responsible for the debt in Canada?

If an Estate Trustee (previously in Ontario, this person was called the executor or executrix) disregards the financial obligations and disburses the money to the beneficiaries, then yes. The Estate Trustee will most likely be held directly responsible for those financial debts.

If the estate has no assets, or if what it had was insufficient to satisfy all debts, the Estate Trustee does not need to utilize his or her personal funds to satisfy the remaining debts. In this situation, there also will not be any distribution to the beneficiaries.

In the situation where there are some assets, but not enough to pay all liabilities of the deceased, the Estate Trustee would be well advised to seek the advice of both the lawyer and perhaps even a licensed insolvency trustee (formerly called a trustee in bankruptcy). The Estate Trustee should not be in the position after paying off testamentary costs and income tax obligations, to start choosing which debts will be paid and which will not be.

In the situation where the estate is insolvent, the Estate Trustee may be well advised to go to Court for an order allowing the deceased estate to be placed into bankruptcy. Then the funds that are remaining can be distributed in accordance with the Bankruptcy and Insolvency Act (Canada).

By doing so, the Estate Trustee is not making any decisions about cherry-picking creditors who will get paid, while others won’t. This will protect the Estate Trustee from attack by any creditor who will not be paid or be paid in full.

Am I inheriting my parents’ debt in Canada?

You cannot inherit debt. As a beneficiary, if there are more debts than assets, you won’t receive an inheritance either. But, you can’t inherit debt. You can only be responsible if any of the conditions I explained above exist. The one exception is that if you are a blood relative, your parent owes money to Canada Revenue Agency (CRA) and you received a transfer of their property while the debt to CRA was outstanding.

Is there credit card debt forgiveness upon death?

There is no automatic credit card debt forgiveness upon death. As I have discussed above, the person’s estate is responsible for paying off the credit card (and any other) debt. However, if there are no assets in the Estate, then the credit card issuer has no choice but to write off the debt if there is no other person to claim against. You will recall that I have previously discussed the situations where there may be a third party the credit card issuer can claim against.

One more possibility exists. If the bank that issued the credit card offered credit card balance insurance, and the person paid for it, then there will be an insurance policy that will pay off the debt. In that situation, the bank will get paid through the insurance policy. In this case, the credit card debt will neither be forgiven nor written off.

What happens to debts after death with no assets in the estate?

If there are no assets in the estate, then there are no funds to pay debts with. In this case, the Estate Trustee would notify all known creditors of the death of the person and that there are no assets. The creditors will have no choice but to write off the debts if there is no other person to claim against.

Am I responsible for my spouse’s debt in Ontario?

As I have discussed above, there is no automatic personal financial responsibility where one spouse is liable for the debts of the deceased spouse. However, if the remaining spouse has guaranteed, indemnified, co-signed or was otherwise jointly responsible for the same debts, then they will be. Specifically, with credit card debt, there is also the issue of being a supplementary cardholder on your spouse’s credit card account.

If none of those exceptions come into play, then one spouse is not responsible for the other spouse’s debt in Ontario.

Credit card debt after death in Canada summary

I hope you have found this credit card debt after death in Canada Brandon’s Blog informative. I am finding that I am getting involved more often in deceased estate matters. My involvement is in advising people who are the Estate Trustee of an insolvent estate. I also have acted as the licensed insolvency trustee of a bankrupt deceased estate.

That work has now naturally led to obtaining assignments where my skill set as a licensed insolvency trustee comes in handy in a deceased estate. Two examples are having acted as the Estate Asset Manager in selling off assets in an estate and as acting as an Estate Trustee where there is no bankruptcy involved.

Because of that work, Ira Smith Trustee & Receiver Inc. has opened up a new business division called Smith Estate Trustee Ontario. In that business, as Estate Trustee, we offer options for the complicated estate concerns. We end the discomfort and irritations the stakeholders are experiencing. We use the experience and integrity that we have built up over the years, with compassion, to help the parties navigate the messy estate issues. We strive for a win for all beneficiaries, adding value by reaching the settlements and distributions they were unable to accomplish by themselves.

We provide a full range of services to provide solutions for the complex Estate issues to end the pain and frustration the stakeholders are experiencing. We apply our expertise and creative thinking to take care of all details to end your pain and achieve the goals of the beneficiaries and other stakeholders. Contact Smith Estate Trustee Ontario today for your free consultation.

Tags am i responsible for my spouse's debt ontario, can you inherit your parents debt in canada, credit card, credit card debt, credit card debt after death in canada, estate trustee, if your parents die with debt who pays it canada, Ira Smith Trustee, is an executor responsible for debt in canada, is spouse responsible for credit card debt in canada, is there credit card debt forgiveness upon death, licensed insolvency trustee, trustee in bankruptcy, what happens to credit card debt when you die in canada, what happens to debts after death with no assets in the estate, who is responsible for credit card debt after death

Brandon Blog Post

HELP WITH DEBT: WILL THIS NEW METHOD ACTUALLY WORK?

Post author By Brandon Smith
Post date August 5, 2019

Help with debt

If you would prefer to listen to the audio version of this help with debt Brandon’s Blog, please scroll down to the bottom and click on the podcast.

Help with debt introduction

Many people need help with debt; especially credit card debt. They are stuck lugging around this debt. They only make the minimum monthly payment while a high rate of interest cost continues to accumulate. The net result is they never really make a dent in paying down the balance owing.

Canadian household help with debt

In March 2019, Equifax Canada reported that Canadian consumer debt delinquent accounts are increasing. Equifax also reported that the average Canadian household consumer debt is an average of $23,000, not counting mortgages. Bank of Canada Governor Stephen Poloz previously said that the typical Canadian owes about $1.70 for each dollar of income she or he earns each year, after taxes.

This, of course, is not a new story for Canadians. I have been writing about Canadians’ love affair with taking on more debt for several years now.

The Province of Quebec is trying to make a difference for help with debt

On November 15, 2017, Quebec’s Bill number 134, “An Act mainly to modernize rules relating to consumer credit and to regulate debt settlement service contracts, high-cost credit contracts and loyalty programs”, came into force. On August 1, 2019, certain aspects of this legislation, aimed at trying to curb credit card debt in Quebec, come into force.

Now in Quebec, brand-new charge card accounts opened up need the minimum monthly payment to be increased to 5% of the balance owing on those brand-new credit cards. For cards issued before August 1, 2019, cardholders will continue being required to pay a minimum of 2% of the outstanding balance. They have until 2025 to begin paying the new minimum of 5%. However, the minimum payment limit each month will be increased by half a percentage point annually after August 1, 2020, up until it gets to the five percent level.

Consumer advocates feel that other provinces will be viewing carefully what Quebec is doing. The Quebec government obviously believed that debt issues are an essential problem in Quebec that needed to be addressed.

**Will this help with debt work?**

Canadians have actually gone away from being a country of savers to a nation of borrowers. Therefore, if an unanticipated financial emergency hits, on average, Canadians do not have the resources to deal with it.

Many Canadians strung out on credit card debt need credit card debt help. A simple credit card debt calculator shows how problematic unpaid credit card debt is. Take a charge card with a balance owing of $1,000 with an annual 19.9% rate of interest and a two percent minimum monthly payment. It will take 26 years to pay off the balance. As well, it will cost $3,000 in interest. All this with an original balance of $1,000!

If the minimum monthly payment increases to 5%, that same credit card balance of $1,000 will take six years to pay off with $442 of interest. So you can see what the Province of Quebec is trying to achieve for its citizens.

The arithmetic of course works. However, the issue is not one of arithmetic. Better arithmetic won’t save Canadians who go into debt they cannot repay. If their budget does not allow them to pay more than a minimum of 2% each month, where will the extra money come from? Wage growth is stagnant and family expenses rise each year.

The Quebec government feels that having its people experience short-term pain for long-term gain will work.

As noble and well-intentioned this Quebec Bill 134 is, it does not appear that it has thought through what the real consequences will be. Will it help Quebeckers reduce their household debt faster? How will people who can only afford to pay a minimum monthly amount of 2% find the money to pay the higher amount. For Quebeckers in debt, it deserves asking if this sort of the change in policy will really help the people? Or, will it speed up the rate at which people in Quebec will have to make an insolvency filing, be it a consumer proposal or bankruptcy?

**Has Quebec tackled the real help with debt issue?**

High credit card debt is plainly a difficult situation for many. Time will tell exactly how effective a technique it is to raise the minimum monthly payment to 5% on a charge card will be. What Quebec is doing is a step in the right direction but it may not be one of the best high household debt solutions. But I am disappointed that it was not coupled with the requirement for better financial education and financial literacy.

In my opinion, it would have been much more impressive for Quebec to have at the same time developed simple online financial education tools for its citizens in trying to combat the problem of too much debt. What is really needed is to teach people that paying only the minimum monthly balance increases the cost of paying off the balance. Ideally, people need to adjust their household budget to be able to pay the full balance off every month.

Help with debt: Financial education was never on any curriculum

For many Canadians, proper money management and budgeting had not been a large subject in their house growing up. They get to college or university and they obtain that bank card. They just start spending and perhaps they also have student financial debt. They graduate and may or may not get a well-paying job to start off their new career. Then life takes place and living costs increase. Perhaps now a home with a home mortgage, children, automobile loan repayments and all other living costs take hold. Due to stagnant wage growth, or worse, corporate downsizing, there is not enough income in the family to keep up with all these debts. Now all you can do is make minimum payments.

To avoid this mess in the first place, people need to be taught basic budgeting skills. People need to understand that a household cannot spend more money than is earned, after income tax. This is the most basic concept for those in need of help with debt. The concept of having emergency savings funds is also necessary. People need to understand how fast credit card debt can grow and how hard it is to pay it off if the most you are able to pay is the minimum monthly payment.

Money management education and learning are so vital. People need to know that when they purchase things on a credit card, they do really need to have the money available to pay off that credit card at the end of the month. A credit card, unfortunately, is treated by many as an extra source of cash. In reality, it is a financial tool for convenience, but not an additional source of income.

Do you have too much debt?

Do you feel that you don’t have sufficient financial literacy? Do you believe that the lack of knowledge has led to you making financial mistakes? Have these mistakes caused you to now have too much debt? Is the pain and stress of too much debt now negatively affecting your health? Do you need help with debt?

If so, contact the Ira Smith Team today. We have decades and generations of helping people and companies in need of financial restructuring and counselling. As a licensed insolvency trustee (formerly known as a bankruptcy trustee), we are the only professionals licensed and supervised by the Federal government to provide debt settlement and financial restructuring services.

We offer free consultation to help you solve your problems. We understand your pain that debt causes. We can also end it right away from your life. This will allow you to begin a fresh start, Starting Over Starting Now. Call the Ira Smith Team today so that we can begin helping you and get you back into a healthy, stress-free life.

Tags average Canadian household consumer debt, Bankruptcy, bankruptcy trustee, consumer debt, Consumer Proposal, credit card debt, credit card debt calculator, Debt, financial education, financial emergency, financial literacy, help with debt, household consumer debt, household debt, Ira Smith Trustee, licensed insolvency trustee, minimum monthly payment, stephen poloz

Brandon Blog Post

ANNUAL CREDIT REPORT CANADA REVIEW: A DEBACLE REQUIRES 1 IN 6 CANADIANS TO QUICKLY NEED IT

Post author By Brandon Smith
Post date July 31, 2019

Annual credit report Canada: Introduction

On Monday, July 29, 2019, Capital One Financial Corp. (Capital One) reported a huge data breach. On the same day, Capital One announced that the FBI arrested a suspect, Paige A. Thompson. She is a Seattle software engineer. It is reported that the breach concerns 100 million individuals in the United States and approximately 6 million people in Canada touched in some capability by this violation. There are about 37 million people living in Canada. That is why I say that 1 in 6 Canadians will want an annual credit report Canada.

In Canada, Capital One issues and administers the Costco and Hudson’s Bay MasterCard. So, if you have one of those credit cards, then you have a high probability of having had your information hacked.

Annual credit report Canada: What Capital One said

Capital One claims there were no credit card account numbers or login details swiped. They also state that most of the Americans and Canadians impacted were from small companies that requested a bank card from 2005 through 2019. The jeopardized information consisted of information typical to such applications. Names, addresses, zip and postal codes, phone numbers, email addresses, dates of birth and annual income.

However, Capital One also admitted that for its US customers, 140,000 Social Security numbers for bank card clients and also 80,000 connected savings account numbers were also exposed. For Canadian customers, about 1 million social insurance numbers were obtained by the hacker.

Capital One’s press release has tried to downplay the data breach by saying how low the number of stolen data was. But that is still a great deal of stolen personal details for 106 million people in North America. I bet none of those people think that it was not a big deal!

Capital One said they are going to make free credit monitoring and identity protection available to everyone involved. I am sure that many attorneys will be asking a simple question: In the wake of the Equifax data breach, what did Capital One do to reinforce its cybersecurity? I am sure more will be reported on this over time.

Annual credit report Canada: What to do immediately if you might be affected

If you have ever applied for a Capital One card over that 14-year span, you could be affected. As I mentioned at the beginning, about 1 in 6 Canadians are at risk. No statements or other evidence has come out yet as to what Ms. Thompson did with the information, if anything if it was me, I would take certain steps to protect myself. Identity theft is what I would be most worried about.

The very first thing I would do is change my login credentials and password to my Capital One online account. Depending on what email address I use for that account, I would consider whether that email account was essential for me or could I use a new one. If essential, I would make sure that I had sufficient cybersecurity over the email account. In either case, I would make sure that I had proper security on any computer or device I might use to access my Capital One account.

In Canada, there are two credit reporting agencies or credit bureau Canada; Equifax Canada (Equifax) and TransUnion Canada (TransUnion). Unfortunately in Canada, unlike in the USA, you cannot put a freeze on your credit report. A freeze would require anyone wanting to access your credit files to first get your permission on a case by case basis.

However, in Canada, you can put a fraud alert on your credit report. I would contact both Equifax and TransUnion to see if they would let me put such an alert on my credit report. The alert would be that you believe you are a victim of the Capital One data breach in 2019. It is possible though that unless I could prove that a problem already existed, they may not let me. However, that would not stop me from trying.

I would also order my free annual credit report Canada to make sure that there are not any items showing up that you never applied for.

These are the three things that I would do immediately.

Annual credit report Canada: There are other things I would also do to protect myself

Next, I would watch my credit card statements very carefully when they arrive each month. I would look for any suspicious transactions and investigate them. If there were any, I would, of course, report them to the credit card issuer immediately. No doubt they would shut down my card and issue a new one to me.

If my information was sold or otherwise shared by the hacker, I would expect to receive phishing scam emails. I would be most vigilant not to succumb to any of them. I would mark them spam immediately, without clicking on any of the links.

I might also expect to receive scam phone calls to at least the phone number(s) I provided to Capital One. I would never share personal information over the telephone with someone calling me, even if it sounds legitimate. I would ask them for their company employee and contact details and then hang up. I would then do my own sleuthing to determine if that phone call was real or someone trying to pull a scam on me. You cannot rely on your caller id, since spoofing software exists to create a phony number resembling a legitimate company.

If you receive any calls from a credit card company or collection agency about an overdue account that you do not recognize, that to is a result of identity theft. Criminals take out credit cards and loans in the name of the person whose identity they stole. You don’t find out about it until the bank calls or writes you about your delinquent account.

Finally, both Equifax and TransUnion allow you to obtain an annual credit report Canada. I would not request both an Equifax Canada free credit report and a TransUnion Canada free credit report at the same time. Rather, I would first get, say, a TransUnion free credit report immediately and keep it as my baseline.

Then, 6 months later, I would request my Equifax free annual credit report Canada to compare. I would be looking for any credit inquiries from parties that I never made a credit application to or don’t currently have a credit line with. I would use this alternating procedure for a while to make sure nothing funny was going on in my credit files.

Conclusion for annual credit report Canada

I hope you enjoyed this annual credit report Canada Brandon’s Blog. Are you the victim of identity theft? Has your stolen information been used to run up debts in your name? Are you on the verge of bankruptcy? Do not wait till it is far too late to understand how you can restructure your financial affairs and avoid bankruptcy. You do not need to be one more person or company declaring bankruptcy in Canada.

As a licensed insolvency trustee (formerly called a bankruptcy trustee), we are the only specialists certified, accredited and overseen by the federal government to provide insolvency guidance and to apply remedies under the BIA. We will certainly help you to choose what is best for you to release you from your debt problems.

Call the Ira Smith Team today so we can get rid you for you the stress, anxiety, pain and discomfort that your money issues have created. With the distinct roadmap, we establish simply for you, we will without delay return you right into a healthy and balanced problem-free life, Starting Over Staring Now. Call the Ira Smith Team today.annual credit report canada

Tags annual credit report canada, bankruptcy trustee, capital one, capital one data breach, capital one data breach 2019, costco mastercard, credit bureau canada, credit report, credit reporting agencies, Equifax Canada, equifax canada free credit report, Ira Smith Trustee, licensed insolvency trustee, Paige, phishing, Thompson, transunion canada, transunion canada free credit report

Brandon Blog Post

CREDIT KARMA CA: CREDIT KARMA CANADA REVIEWS MILLENNIAL DEBT

Post author By Brandon Smith
Post date July 29, 2019

If you would rather listen to an audio version of this Credit Karma ca Brandon’s Blog, please scroll down and click on the podcast

Introduction

A brand-new Credit Karma ca report on millennial debt is out. Credit Karma Canada reports that its US company has performed a research survey of 1,041 millennial customers in the United States. As far as I can tell, they did not do a similar Canadian survey. However, I highly doubt that a Canadian millennials debt study would produce results drastically different than this survey.

The results reveal that virtually fifty percent (48%) of millennials have spent money they really did not actually have by going into debt. Why? To keep up with their pals.

Unfortunately, this is a significant increase from the findings of the 2018 survey (up from 39% of participants evaluated in 2018).

The nature of the millennial debt

Whether it’s on food or beverages, concerts or tattoos, they discovered that more and more millennials are spending beyond their means as a result of increasing public opinions. Greater than 2 in 5 millennials (44%) from the study stated they’re terrified to miss out on unique or once in-.a-lifetime experiences. Over one-third (36%) don’t want to look like an outsider.

Despite the fact that according to Credit Karma ca, almost 1 in 2 millennials have actually experienced fear of missing out (FOMO) driven debt, they’re mostly being silent about it. Of the participants that have actually entered into debt just to keep up with their mates, 80% claimed they would certainly keep the fact that they have gone into debt quiet and not tell friends or family.

Why do they wish to keep it secret? The survey shows that their reasons are ones of regret, guilt and embarrassment. They do not feel good about the debt they have incurred.

In 2014 their survey showed that millennials were most likely to use the money they really did not have for unique experiences, such as events, nightlife or holidays with their buddies. The new survey also looked at what experiences and purchases were triggering millennials to acquire FOMO debt.

According to their study this year, the #1 point driving millennials to spend beyond your means is food ( 47%), and then clothing (41%). As well as there are some millennials that have entered into FOMO fueled debt on much bigger and long-term items. Cars and trucks (15%), tattoos (11%) and real estate (9%). So out of all the millennials that go into debt, only 9% of millennials go into debt in order to acquire an asset that will grow in value over time, millennial home ownership. Another way of looking at it, 91% of millennials go into debt either for an experience that once it is over, it is over or for a tattoo!

Regardless of the product or experience, social networks play a huge component in driving the millennials’ need to spend beyond their means. The survey results show that 2 in 5 participants (40%) claimed they spent money on something a minimum of one time per year simply to publish that fact on social media sites.

Why do millennials really feel forced to spend too much?

According to the survey, the main reasons that millennials really feel pressured to go into debt to keep up with their close friends are:

A concern of losing out on a unique or unbelievable experience 44%
Worry of not being included in future outings 41%
The concern of being treated like an outsider 36%
Worry of being evaluated 25%
Concern over losing close friends 24%

As you can see, 4 out of the top 5 responses has to do with what their friends may think. This makes sense. The majority of the things millennials go into debt for, such as vacations, concerts and restaurants, are things that you do with friends.

So what is the answer?

Obviously, no one can keep going into debt on an unlimited basis, especially when the reason is to keep up with others. I have some tips on how to deal with friends that either has more money than you or are willing to go deeper into debt than you. Or, at least are not concerned about their debt like you are.

Hang out together in ways that don’t force you to spend

Consider how you can invest in quality time but not your cash. Time spent with close friends and loved ones is an experience that can be valued over something that pushes you into debt. Those good times also last forever.

There is no need to be embarrassed about being not able to pay for an evening out or a costly getaway. As I pointed out previously, 80% of millennials that spend beyond their means hide it from others. However, by being straightforward with your buddies, you may be amazed to discover they really feel similar to you.

Speak to your pals concerning your worries and also do cost-free or much more modest cost things that let you hang out with each other.

Control your funds, do not allow it to control you

Eighty-one percent of participants stated they have a month-to-month budget that they attempt to stick to, which is wonderful. Nonetheless, the millenials that have such a plan seem to have a hard time keeping within it once they feel the peer pressure being applied.

If you’re amongst those that have a problem with budgeting, it can be handy to be a lot more conscious about the consequences of buying something. Take into consideration whether you can really afford it and if you didn’t buy it, will it really hurt your life. If not, then reevaluate, don’t buy it and build up some savings.

Another tip is to lock your debit and credit cards away and spend only cash. By using real cash and not plastic (or a debit card) you get a better sense of what you are spending on extras and how much you need to still have for essentials until the next paycheque. When cash is gone, it is gone. This behaviour will force you to think about how much money you need for essentials for the number of days until the next payday – which is a good thing.

Will this item or experience be important in 5 years?

In some cases, the answer is no, and sometimes it is yes. If the answer is yes, then slot it into your budget and see if you can afford it. Make sure your budget also has a line for savings. That way you will be building up a fund for investing. This fund can also be called upon in the event of a real emergency that could not have been planned for. Examples are increased health costs or reduced income through job loss.

It is essential to have an emergency fund that you can tap into in the event of a real crisis. It isn’t so bad to also have further savings and investments. It is never too early to start planning for retirement. If you wait until you are closer to retirement than the start of your career, you will never be able to catch up.

Conclusion

I hope you found the Credit Karma ca study as informative as I did. Of course, budgeting and debt issues are not limited to only millennials. Financial problems can affect anyone. Whenever I sit down with a person to talk about his or her insolvency, or with an owner of a company to discuss business financial problems, I make sure that we have an entire discussion. I not only talk to them about what process I recommend for their unique situation, but I also walk them through the entire process and what all the rights and responsibilities are.

Are you or your business experiencing money troubles? Are you on the verge of bankruptcy? Do not wait till it is far too late to understand how you can restructure your financial affairs and avoid bankruptcy. You do not need to be one more person or company declaring bankruptcy in Canada.

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

[monkeytools msnip=”https://monkeyplayr.com/playr.php?u=5173&p=21153″]

Tags Bankruptcy, budget, credit karma ca, credit karma canada review, Debt, fear of missing out, fomo, fomo debt, Ira Smith Trustee, licensed insolvency trustee, millennial home ownership, millennials debt, trustee in bankruptcy

Brandon Blog Post

LICENSED INSOLVENCY TRUSTEES: CAN MY BASIC BANKRUPTCY DISCHARGE BE REVERSED?

Post author By Brandon Smith
Post date July 22, 2019

If you would prefer to listen to an audio version of this licensed insolvency trustees Brandon’s Blog, please scroll to the bottom and click on the podcast.

Licensed insolvency trustees introduction

From time to time I am asked an interesting question about licensed insolvency trustees and the bankruptcy process. The question is, can a bankruptcy discharge be reversed? The simple answer is, yes.

Most people then wonder how this could be possible. In order to understand how we should have a discussion of the bankruptcy discharge process. The best way is through a recent Court case I recently read.

Licensed insolvency trustees: The discharge process

It is the discharge when the person’s debts are erased. The debts are not “discharged” until that time. In order to get a discharge, the bankrupt has to live up to all of his or her duties.

The duties of a bankrupt include:

make disclosure of and deliver possession of all his or her assets (other than for certain provincial exemptions) that is under his or her possession or control to the licensed insolvency trustee (Trustee) or to anyone the Trustee so directs;
in such scenarios as are defined by the Office of the Superintendent of Bankruptcy, provide to the Trustee, for termination, all credit cards;
supply to the Trustee all documents or files relating to the property of the person who has filed for bankruptcy;
make full disclosure of all assets and liabilities to the Trustee by completing the sworn statement of affairs within 5 days of the date of bankruptcy;
assist the Trustee in making an inventory of all property; make full disclosure to the Trustee concerning all property sold or otherwise transferred within 1 year prior to the date of bankruptcy;
disclose any property sold or transferred at undervalue within 5 years prior to the date of filing;
attend the first meeting of creditors if held;
disclose current income and expense and continue monthly disclosure until discharged in order for the Trustee to calculate any surplus income requirement;
if there is surplus income, to make all such payments to the Trustee in full; and
to perform any other acts required by the Trustee or the Court, including, fulfilling any conditions of discharge issued by the Court.

Failure to perform any of the duties laid out in the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA), will result in the Trustee, and perhaps one or more creditors, opposing the bankrupt’s discharge. When there is an opposition, the Trustee will schedule a Court hearing date.

At the Court hearing, the Court can issue an absolute order of discharge, provide a discharge but with conditions to be fulfilled or even suspend the bankrupt’s discharge. Sometimes, there may be both a condition and a suspension, depending on the circumstances. In rare and bad circumstances, the Court could even refuse to hear the bankrupt’s application for discharge. Licensed insolvency trustees are expected to assist the Court by making a recommendation. llicensed insolvency trustees

Mark Daniel MacFarlane bankruptcy

Section 180 (1) and (2) of the BIA states:

“Court may annul discharge

180 (1) Where a bankrupt after his discharge fails to perform the duties imposed on him by this Act, the court may, on the application, annul his discharge.

Annulment of discharge obtained by fraud

(2) Where it appears to the court that the discharge of a bankrupt was obtained by fraud, the court may, on the application, annul his discharge.”

On June 24, 2019, the Supreme Court of Nova Scotia In Bankruptcy and Insolvency released its decision in the bankruptcy case of Mark Daniel MacFarlane (Citation: MacFarlane (Re), 2019 NSSC 201).

This case is not complex. However, it does clearly shows that the answer to the question, “can a bankruptcy discharge be reversed?” is clearly yes.

Mr. MacFarlane had a surplus income obligation to pay to the Trustee for the benefit of his creditors the amount of $3,823.05. At the time he was entitled to a discharge, he still owed the Trustee the amount of $2,879.05. In every personal bankruptcy, licensed insolvency trustees must do the surplus income calculation. If it turns out that the bankruptcy is required to contribute to his or her bankruptcy estate through surplus income payments, licensed insolvency trustees must report to the Court if the bankrupt made all the required payments.

The bankrupt also owned at the date of bankruptcy, an automobile that the Trustee estimated had a forced liquidation value of $17,500. The Trustee had disallowed the claim of a creditor claiming security over the vehicle. That creditor did not appeal the Trustee’s decision.

So, equity in the vehicle was available. In such cases, licensed insolvency trustees must obtain that value. For some reason that the Trustee could not fully explain, he agreed to sell the vehicle to Mr. MacFarlane for $15,702.50 plus HST. The Trustee did not sell it for all cash, but rather, entered into a conditional sale agreement with the bankrupt. In other words, the Trustee gave him financing.

Mr. MacFarlane paid made various payments totalling $7,040.00, both before and after his discharge, leaving a balance of $8,662.50.

Mark Daniel MacFarlane discharge

Although now stated explicitly in the Court decision, it appears that when it came time for Mr. MacFarlane’s application for discharge, the Trustee opposed it. On June 1, 2018, the Trustee applied for his discharge.

For some unexplained reason, the Trustee decided to not collect the balance of the surplus income requirement. The Trustee asked the Court for his outright discharge. The Court gave Mr. MacFarlane his absolute discharge.

So now the bankrupt is discharged, but he still owed the outstanding money for the vehicle that was sold to him by the Trustee under a conditional sale agreement. Rather than paying off the amount owing, Mr. MacFarlane sold the vehicle out of province and pocketed the cash. llicensed insolvency trustees

Licensed insolvency trustees can apply to Court to have a discharge reversed

So now the Trustee makes an application to Court to have Mr. MacFarlane’s discharge reversed. Officially, it is called having the discharge annulled. An annulment makes it as if the discharge never happened. So, if the Trustee is successful, Mr. MacFarlane will be back in bankruptcy. The Trustee also asked that the Court order the payment of the balance of what is owing on the vehicle, for a suspension of the discharge and an amount for costs and disbursements. Mr. MacFarlane represented himself in Court.

The Court was not overly impressed with either Mr. MacFarlane or the Trustee. The Court felt that not did he fail to carry out his responsibilities under the BIA, he actually acted in such a way to deny himself the advantage of any type of latitude the Court might have given him relative to those obligations.

The Court went on to say that his responsibilities under the BIA are not pointers or activities to be carried out when convenient or if life does not get in the way. It was obviously not his place to choose what he would and would not do. Concerning the automobile, it was not his to just sell it, pocket the cash, and tell the Trustee (and by extension his creditors) to go take a hike.

The Court was not too happy with the Trustee

The Court was at a loss to some of the Trustee’s behaviour also. There was no explanation given as to why the Trustee merely gave up on collecting all of the surplus income requirement. Likewise, there was no explanation why the Trustee would have given the bankrupt a discount off of the liquidation value of the vehicle. Such a look is not good for licensed insolvency trustees.

Quite rightly, the Court pointed out that in such situation, licensed insolvency trustees, and specifically this Trustee, should not have recommended to the Court that Mr. MacFarlane receive an absolute order of discharge. Rather, the Trustee should have insisted on a conditional order of discharge. The conditions would have been that the bankrupt pay off both the surplus income balance and the amount owing on the vehicle before being entitled to an absolute order of discharge. llicensed insolvency trustees

The Court’s decision

The Court ordered that:

Mr. MacFarlane’s discharge from bankruptcy be annulled, so now he is once again an undischarged bankrupt.
He must pay the Trustee the $8,662.50 owing on the vehicle.
The Trustee will collect $500 for disbursements in tracing what happened to the vehicle from Mr. MacFarlane also.
There will not be an automatic discharge once he pays the $9,162.50 to the Trustee. Rather, the bankrupt will have to apply to the Court for his discharge and there will be another discharge hearing.
Since the Court was not asked to revisit the balance owing on surplus income, the Court didn’t review that again.
The request of the Trustee for $5,000 as a censure of the bankrupt’s behaviour was denied. The Court said that this situation was caused in part by the Trustee allowing the surplus income requirement to be waived and agreeing to an absolute discharge.

Although not part of the Order, the Court strongly stated that any costs in the additional work done by the Trustee now, and the disposition of the amount to be received once finally paid, will be reviewed by the Court.

The Court emphatically intimated that since the Trustee’s actions were in part to blame for this situation, the Court was going to make sure that part of the $9,162.50 will go to the creditors when the Trustee comes back to Court to have its accounts taxed.

Licensed insolvency trustees conclusion

So there you have it on licensed insolvency trustees. Can a bankruptcy discharge be reversed or revoked? As we see in this case if the discharge was improperly obtained because the bankrupt did not fulfill all of his or her duties, YES. Similarly, if it can be shown that a discharge was obtained through fraud or fraudulent conduct, the discharge can be annulled in that case also.

Whenever I sit down with a person to talk about his or her insolvency, or with an owner of a company to discuss business financial problems, I make sure that we have an entire discussion. I not only talk to them about what process I recommend for their unique situation, but I also walk them through the entire process and what all the rights and responsibilities are. For personal insolvency, this includes the discharge process.

As licensed insolvency trustees, we are the only specialists certified, accredited and overseen by the federal government to provide insolvency guidance and to apply remedies under the BIA. We will certainly help you to choose what is best for you to release you from your debt problems.

Tags absolute discharge, annul, Bankruptcy and Insolvency Act, bankruptcy discharge, bankruptcy process, BIA, conditional discharge, court, date of bankruptcy, Ira Smith Trustee, licensed insolvency trustee, licensed insolvency trustees, Office of the Superintendent of Bankruptcy, surplus income, suspended discharge, trustee

Brandon Blog Post

PROBATE IN ONTARIO – SMITH ESTATE TRUSTEE ONTARIO BEGINS

Post author By Brandon Smith
Post date July 17, 2019

[monkeytools msnip=”https://monkeyplayr.com/playr.php?u=5173&p=21099″]

Introduction

I have written several blogs on the topic of when someone dies and their estate is insolvent. One of our most popular blogs is WHAT HAPPENS TO DEBT WHEN YOU DIE CANADA: ARE YOU FREE OF DEBT? I have also written on estate matters including probate in Ontario. Not from an insolvent estate perspective, but as to why a licensed insolvency trustee (formerly called a trustee in bankruptcy) has the skill set to be an estate trustee.

Historically, estate trustees have been a trust company, a lawyer or family of the deceased, such as children. Based on our work with insolvent deceased estates, we have learned all about the emotions and even pain that family and business ties can cause and place parties in conflict.

So, I am pleased to announce that today we have opened up a new business division, Smith Trustee Estate Ontario. You can click on the button above or below to take you to our website. Have a look and let us know what you think.

Why use a licensed insolvency trustee as an estate trustee?

We have the skillset to perform the duties of an estate trustee. We also understand the role and responsibilities that the statutes demand, such as the:

Estate trustee problems we can help solve

In Ontario, an estate trustee is the only person with the lawful authority to look after an estate. Probate in Ontario is a process to ask the court to:

give a person the authority to work as the estate trustee of an estate; or
verify the authority of a person named as the estate trustee in the deceased’s will.

Sometimes an objective and experienced party have to be assigned to function as the independent estate trustee. Take into consideration the possible circumstances:

Moms and Dads select all their kids to work together as an estate trustee. Each child has various degree of abilities, and some may have no desire, to do is called for to carry out the estate trustee duties. Stress and anxiety, clashes and pain results without any end in sight.
Lots of well-off family members have disagreements over just how the family’s assets need to be invested. Rich family members aren’t beyond turning family squabbles into public fights in the courts. Often the circumstance simply calls out for a caring, skilled and neutral party to become the Officer of the Court to aid everybody gets to a good and fair outcome. This also will ideally decrease or prevent the demand for costly lawsuits.
Somebody passes away with assets however no will. Many people think they are entitled to all or part of the deceased’s estate. Somebody without a financial interest yet with the abilities and experience is required to intervene to work things out in a reasonable and objective and cost-effective method.
You are the lawyer or financial advisor to a great client. You have hesitantly consented to be the estate trustee of the estate of the person that is the driving force behind one of your best corporate clients. The person passes away and you find that you are now in the middle of an illogical dispute amongst the beneficiaries that is driven not by business sense but by passion and hate. The dispute is so serious, it endangers your capability to maintain the corporate client and the prospective future earnings to your business that this client can generate.
As the lawyer or financial advisor to a person, acting as the estate trustee is not a problem. Nevertheless, the time required to take care of all the intricate estate problems may be that it takes you far from the remainder of your professional practice. You believe that you really cannot afford to do so. You want to relinquish the estate trustee duty, however, you don’t have a reasonable alternative to make sure that the estate can be effectively carried out.
The person names as the Estate Trustee has a real conflict and must be replaced. Again, a skilled party who has no financial interest in the outcome and is easily recognized as an expert by the Court is required, and fast!
There is a crucial demand for an Estate Trustee Under Litigation. Our experience in working as an Officer of the Court has actually resulted in our being identified for acting in a proficient and neutral way. We comprehend exactly how to navigate the different regulations and Court procedures associated with being an estate trustee. The Court acknowledges our capabilities and approves our qualifications without question.

The fact of the matter is with many problems such as these, the estate is most likely to be involved in significant expensive lawsuits. It will certainly not finish anytime quickly. Nevertheless, in the meanwhile, there are actual time problems that require to be attended to in managing the estate assets so they do not dissipate or otherwise are at risk.

Probate in Ontario – Why work with us?

Our mix of empathy, experience and impartiality provides us with a distinct viewpoint and the capability to appropriately administer the estate, minimize problems and accomplish outcomes for all stakeholders in an economical way.

Professional and impartial Officer of the Court

Acting as estate trustee
Obtain probate in Ontario
Asset management
Investigation and valuation
Monetization of assets
Trust accounting
Beneficiary reporting and distribution

Estate Trustee Under Litigation

Professional and impartial Officer of the Court
Asset investigation, valuation and safeguarding
Trust accounting
Reporting to the Court and all stakeholders

Conflict resolution

Protecting assets
Experienced as Officer of the Court if estate trustee has conflict – perceived or real
Minimize costs
Stakeholder strategies

Insolvency

Planning and strategy to safeguard assets
Restructuring and Turnaround
Acting as Trustee of an insolvent estate

Get our free full-scale analysis of your issues and our recommended options to solve your problems allowing you to move forward confidently. Check out our website by clicking on the button below. All our details are there.

Tags beneficiaries, beneficiary, estate trustee, estates act, estates administration act, financial advisor, insolvent estate, Ira Smith Trustee, lawyer, licensed insolvency trustee, probate, probate in ontario, smith estate trustee ontario, succession law reform act, trust accounting, trustee act, trustee in bankruptcy

Brandon Blog Post

BANKRUPTCY ACT CANADA: ARE YOU REALLY PREPARED FOR IT?

Post author By Brandon Smith
Post date July 10, 2019

[monkeytools msnip=”https://monkeyplayr.com/playr.php?u=5173&p=21070″]

Introduction

No person wishes to go make a filing under the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (Bankruptcy Act Canada), however occasionally it is inevitable. You might think that people who file are just those that are careless with their finances. However, with most of the people I see, it is usually an event outside of their control that pushes them over the edge.

In personal bankruptcy, things such as illness, divorce, job loss, unanticipated catastrophes, identity theft and fraud are many times the causes of insolvency. Of course, lack of proper budgeting, overspending and inappropriate uses of credit are also involved. In corporate insolvency, the #1 cause always seems to track back to management.

Insolvency filings happen every year. In 2018, a total amount of 128,846 insolvency filings were made with the Office of the Superintendent of Bankruptcy (OSB). This is 2.4% more from 2017. Consumer insolvency filings increased 2.5% (125,266 filings), while company filings dropped 0.8% to 3,580.

At the very same time, people choosing to avoid bankruptcy by filing a proposal continued increasing in 2018, bringing this number to a brand-new level. Proposals represented 52.6% of consumer filings in 2017. In 2018, they expanded by 6.6% to 56% of all personal filings.

Are you considering a Bankruptcy Act Canada filing, or at least speaking to a Licensed Insolvency Trustee (formerly called a trustee in bankruptcy) (Trustee)? In order to help you start your fact-finding, I want to tell you what will happen to your bank accounts, retirement accounts and your other important financial funds. Understanding what to anticipate can assist you to stay clear of some pricey blunders.

Bankruptcy or (consumer) proposal

Being insolvent is that you are not able to settle your financial debts. People with severe financial problems can make Bankruptcy Act Canada filing by filing either for bankruptcy, a consumer proposal or Division I proposal.

Proposals are official methods controlled by the Bankruptcy Act Canada for personal filings. Dealing with a Trustee you make a proposal to:

Pay your creditors a portion of what you owe them over a particular time period not going beyond 60 months
Extend the time you need to settle the debt
Or a mix of both

The Proposal is made via the Trustee, who uses the money in your proposal fund to pay the cost of administration and distribution to each of your creditors their pro-rata share. A consumer proposal needs to be finished within 5 years from the day of filing.

Proposal

People with severe financial problems can apply for bankruptcy. They can also try to avoid bankruptcy by using the Proposal provisions of the Bankruptcy Act Canada.

There are numerous advantages to avoiding bankruptcy. The main differences between proposals and bankruptcy are:

Unlike informal debt settlement, a Proposal produces a binding discussion forum where each of your unsecured creditors has to participate in for your debt restructuring.
You can keep your property, including your home, if you can afford to in your budget.
Lawsuits against you and enforcement proceedings, such as wage garnishments, cannot begin or continue.
In a successfully completed Proposal, you do not need to file for bankruptcy.

Keep in mind that financial institutions have “set-off” legal rights, implying that if you declare bankruptcy or file for bankruptcy when you’re behind in payments to them, they will take the funds in your accounts to try to cover all or some of what you owe them. This is notwithstanding that there is a stay of proceedings once a Bankruptcy Act Canada filing takes place and such an offset really should not take place.

So if you are thinking of filing either for bankruptcy or a proposal, I want you to be prepared for what might happen to your financial assets.

Your bank account

In a bankruptcy, the cash in your bank account is a property which must be paid over to the Trustee. Upon your filing, the Trustee will put all your banks on notice to provide the funds in any accounts maintained with them to the Trustee. As noted above, the bank may very well offset cash in your savings or chequing account against the money you may owe them, including credit card debt.

In a Proposal, you do not lose control of the money in your bank accounts. Rather, they are considered by the Trustee in formulating the type of Proposal you should offer your creditors. Remember, your Proposal must offer your creditors a better alternative than your bankruptcy would. However, even though there is a stay of proceedings invoked once you file your Proposal, it is not uncommon for a bank where you maintain an account and to whom you owe money, to take the money in your account and offset it against what you owe them.

So the moral of this story is that you are best to have bank accounts at financial institutions to whom you do not owe any money.

In a bankruptcy, your RRSP, RRIF or DPSP are excluded from seizure. However, the Trustee is entitled under the Bankruptcy Act Canada to receive the equivalent to any amounts contributed to these accounts in the 12 months preceding your filing date. In a Proposal, this 12-month amount must be included by the Trustee in the calculation of what amount your Proposal should offer your creditors.

Canada Pension Plan (CPP) and Old Age Security income (OAS)

Canada Revenue Agency (CRA) is the only one permitted to garnish your CPP earnings if you have an unpaid personal income tax. By filing either for bankruptcy or a Proposal, the stay of proceedings will be invoked and CRA will have to stop the garnishment of your CPP and you will get the CPP payments you are qualified for.

However, the earnings obtained from CPP and OAS will certainly be taken into account by the Trustee in determining if you have any surplus income payment obligation in bankruptcy. In a Proposal, that amount also has to be considered in developing your Proposal.

Tax-Free Savings Account (TFSA), Registered Education Savings Plan (RESP) and other non-registered account investments

In a bankruptcy, just like any other non-exempt property, the amount held in your TFSA and any other non-registered investment account must be paid to the Trustee. In a Proposal, these amounts need to be taken into account in determining what type of Proposal to make. It may very well be that these accounts are collapsed in order to help fund a Proposal.

Similarly, RESPs are not excluded in personal bankruptcy. In a Proposal, the amount must be considered as an asset in calculating how much must be offered in your Proposal to stand a chance for success.

The reason that an RESP is not excluded from seizure in bankruptcy is relatively straightforward. Your child does not acquire ownership or other entitlement to the RESP funds as parents can take possession of the funds prior to the child becoming a post-secondary school student. For that reason, it is the parents who have ownership of the funds.

Consequently, the Trustee of an insolvent mother or father that has an RESP can collapse it. If the parent in bankruptcy wants the RESP to not collapse, adequate arrangements need to be made with the Trustee for the equal amount of funds in the RESP at the filing date be paid to the Trustee for the bankruptcy estate and the bankrupt’s creditors.

Annuity revenue in bankruptcy

Annuities are agreements where you pay a company (normally an insurance company) a specific amount, in order to get regular monthly payments for a specific period of time or for the remainder of your life.

If an annuity contract is properly set up with an insurance company, it will be exempt from seizure in bankruptcy. However, the income stream it produces will be considered by the Trustee in determining whether the bankrupt person has a surplus income obligation.

Your RRIF can also be considered as an annuity as it provides a legislated stream of payments. The RRIF is exempt from seizure in a bankruptcy, other than for any contributions in the 12 months immediately prior to filing. Like an annuity, the entitlement to payments will be considered by the Trustee in doing the surplus income calculation.

In a Proposal, you don’t give up ownership of an annuity contract or RRIF, but the income must be considered in preparing a suitable Proposal.

Bankruptcy Act Canada summary

Do you have financial problems? Do you not have enough money to pay your bills in full when due?

As a Trustee, we are the only professionals licensed, authorized and supervised by the federal government to offer insolvency advice and to implement solutions under the Bankruptcy Act Canada. A consumer proposal is a federal government licensed debt settlement plan to eliminate your debt. We will help you to select what is best for you to free you from your debt issues.

Call the Ira Smith Team today so we can eliminate the anxiousness, tension, discomfort and pain from your life that your cash problems have caused. With the unique roadmap, we develop just for you, we will promptly return you right into a healthy and balanced problem-free life.

Call the Ira Smith Team today. We have generations and decades of experience helping people and companies looking for debt restructuring and a debt settlement plan to AVOID bankruptcy.

You can have a no-cost consultation so we can work with you to fix your money troubles. Call the Ira Smith Team today. This will certainly allow you to go back to a new healthy and balanced life, Starting Over Starting Now.

Tags avoid bankruptcy, avoiding bankruptcy, Bankruptcy, bankruptcy act canada, Bankruptcy and Insolvency Act, Consumer Proposal, Debt, debt settlement, Division I Proposal, informal debt settlement, insolvent, Ira Smith Trustee, licensed insolvency trustee, personal bankruptcy, proposal, stay of proceedings, trustee in bankruptcy, wage garnishment

Brandon Blog Post

CONSUMER PROPOSALS: HOW MANY ARE REJECTED?

Post author By Brandon Smith
Post date July 3, 2019

[monkeytools msnip=”https://monkeyplayr.com/playr.php?u=5173&p=21033″]

Introduction

When people with high debt come to see me for their free consultation, many times I shock them. They are shocked when I tell them that bankruptcy might not be required. I then tell them about consumer proposals. I also explain why I think they would be able to successfully complete a consumer proposal (CP) and therefore avoid bankruptcy.

What are consumer proposals?

I have written on the topic many times. In summary, a consumer proposal is a streamlined process under the Bankruptcy and Insolvency Act (Canada) (BIA). This process allows insolvent people to make a formal deal with their creditors. This government approved debt settlement plan is to repay only a portion of what you owe and you can take as long as 5 years of regular monthly payments to do so.

To qualify, the person must be insolvent and owe $250,000 or less to all creditors, other than for any debts secured by way of registration against your principal residence, such as a mortgage.

The person will then ask me how many we have done were rejected. They are trying to determine what the odds are for their deal to be accepted by their creditors. What I tell them is that I first do an assessment and tell them what amount of offer I think they need to make to gain the approval of their creditors. I also tell them that so far, anyone who has followed my advice has had their consumer proposal accepted by their creditors. Therefore, the number of those rejected by people who follow my advice is ZERO.

The benefits

There are benefits to submitting a successful debt settlement payment plan sanctioned under the BIA. The benefits include:

Unlike an informal debt arrangement, the CP develops a forum where each of your unsecured creditors has to participate in for your debt restructuring.
You maintain your assets and don’t have to give them up.
Lawsuits against you or your property and financial debts, or enforcement actions such as wage garnishments, cannot proceed.
You do not need to submit an assignment in bankruptcy

The process

Once prepared, the CP is submitted to the Office of the Superintendent of Bankruptcy Canada (OSB), the government department that controls Licensed Insolvency Trustees (formerly called bankruptcy trustees) (Trustee). The Trustee acts as the Administrator of the CP.

Once it is submitted, you will quit paying your unsecured creditors for past debts. The Trustee will send a notice of the filing along with a copy of the CP to all creditors affected by the CP. This includes anyone suing you or garnishing your earnings. Those activities against you will stop also.

Your creditors will have 45 days to accept or decline the debt settlement CP deal. If your unsecured creditors are disappointed with the proposal, they can vote against. In that case, the Trustee will discuss modifications with you that the Trustee believes the creditors might accept. That discussion will take place prior to the against vote counting. Usually, this means offering more money to them over the maximum 5 year period. The key is that you have to be able to afford to make those higher monthly payments. It will still be only a portion of the total you owe.

In order for consumer proposals to be accepted, a simple majority of your creditors by dollar value who has filed a proof of claim must approve it. If creditors who have filed a proof of claim choose not to vote, that is considered a vote in favour. You also may not even need to have a meeting of creditors. Unless creditors holding 25% in dollar value of the claims filed to request a meeting, or the OSB requests a meeting, there is no need to hold one. If a meeting is not requested, the proposal is deemed to be accepted by the creditors. This is all part of the streamlining.

Acceptance and performance

If your CP is accepted, the OSB (or any type of other interested parties) has 15 days to ask the Trustee to go to court to have the deal court approved. If no such demand is made, the debt plan is deemed to have actually been accepted by the court. More streamlining.

After acceptance and approval, the person is then accountable for making the regular monthly payments to the Trustee that was promised in the debt management plan. There will also be 2 counselling sessions for the person to attend with the Trustee to help them with their financial issues and behaviour.

If you miss 3 monthly payments, or you are greater than 3 months overdue since your last payment, the proposal will be considered annulled. This indicates to your creditors that they are now able to either resume or begin collection actions against you. Not a good thing.

Full performance

As I previously mentioned, the person must successfully complete the debt management settlement plan by making all the required payments and attending the 2 counselling sessions. When completed, the person is entitled to receive a Certificate of Full Performance. This means that you have successfully completed the CP and that all debts caught by it are discharged.

The Trustee will then finalize the administration of your debt settlement plan, get the necessary OSB approval and distribute the money to all the creditors who have filed a proof of claim. The Administrator also is entitled to the government approved fee.

Summary

Consumer proposals must provide your creditors with a better outcome than what they would get in your bankruptcy. I have never had a consumer proposal rejected for someone who took my advice and made all the payments required.

Are you in financial distress? Do you not have enough funds to pay your bills as they come due?

As a Trustee, we are the only professionals acknowledged, accredited and also managed by the federal government to provide insolvency advice and services. A consumer proposal is a federal government licensed debt settlement approach to eliminate your debt. We will certainly help you to pick what is best for you to clear your own debt issues.

Call the Ira Smith Team today so we can eliminate the stress, anxiety, discomfort and pain from your life that your cash problems have produced. With the distinct roadmap, we develop just for you, we will swiftly return you right into a healthy and balanced problem-free life.

We have years and generations of experience assisting people and companies looking for debt restructuring to PREVENT bankruptcy. You can have a no-cost analysis so we can help you to fix your financial troubles. Call the Ira Smith Team today. This will certainly allow you to go back to a new healthy and balanced life, Starting Over Starting Now.

Tags assignment in bankruptcy, Bankruptcy, Bankruptcy and Insolvency Act, bankruptcy trustee, BIA, Consumer Proposal, consumer proposals, Debt, debt management, debt management plan, debt settlement, debt settlement plan, informal debt, insolvent, Ira Smith Trustee, licensed insolvency trustee, OSB, Superintendent of Bankruptcy

Brandon Blog Post

CONSUMER PROPOSAL CALCULATOR REVIEW FOR YOU

Post author By Brandon Smith
Post date July 1, 2019

If you would prefer to listen to the audio version of this consumer proposal calculator Brandon’s Blog, please scroll down to the bottom of the page and click on the podcast

Introduction

A consumer proposal calculator is important to figure out what sort of debt settlement plan should be offered to your creditors. But to have a truly successful one, you really need clear language. In Brandon’s Blog, I review a recent court case that explains why.

Shelly Gail Corriveau bankruptcy

I recently read the Reasons for Decision dated June 13, 2019 by Registrar in Bankruptcy L.A. Smart of Court of Queen’s Bench of Alberta. This case is in the matter of the bankruptcy of Shelly Gail Corriveau. The case reference is Corriveau (Re), 2019 ABQB 438 (CanLII).

Ms. Corriveau filed an assignment in bankruptcy in April 2012. She had unsecured creditors of roughly $73,000. The reason for her insolvency was stated as offering monetary help to her child’s business. She was by all accounts a perfect example of an honest but unfortunate debtor. At the time of the bankruptcy, her only asset was her house.

In June 2012, Ms. Corriveau got a gift from her mom of $46,000. It featured instructions that $6,000 of those funds be utilized for children and certain other matters. She spent the $6,000 as instructed, with the balance of the $40,000 being paid to her licensed insolvency trustee (formerly called a trustee in bankruptcy) (the Trustee) for the benefit of her creditors.

The home was sold in October 2012. From the sale, she received her provincial exemption of $40,000 with the balance of $3,916.21 being paid to her bankruptcy estate.

Ms. Corriveau files a consumer proposal

On May 12, 2013, Ms. Corriveau advised her Trustee she had received an inheritance of $15,000 from her Mother’s estate. On May 26, 2013, Ms. Corriveau submitted a consumer proposal. The Trustee served as the Administrator of the consumer proposal.

The proposal in paragraph 4 states:

“4. That the following payments be made to [Name omitted to not embarrass the guilty] Trustee in Bankruptcy, the administrator of the consumer proposal, for the benefit of the unsecured creditors:

Proposal payments to total $10,000.00. The of (sic) funds will be provided to the Administrator as follows – $300.00 filing fee to be paid at time of filing and then a lump sum payment of $9,700.00 due 60 days after the proposal is court approved (all payments to be made within the 60 months proposal period)

The debtor reserves the right to accelerate payments should funds become available.

*** NOTE *** – There will be a significant dividend paid from the bankruptcy administration.”

In accordance with the requirements of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA), the consumer proposal Canada read that the payments must be completed within 60 months.

The Trustee recommended acceptance of the proposal. In his report to creditors he stated:

“This proposal will provide the debtor with relief and allow the debtor’s affairs to be restructured in an orderly fashion. It will allow the debtor to annul her bankruptcy and provide for a greater return to the creditors when compared to the bankruptcy option.”

The consumer proposal was deemed accepted by the creditors and approved by the Court. Ms. Corriveau made all the required payments and received her Certificate of Full Performance on August 2, 2013.

Have you “Noted” the problem yet?

Under the BIA, a bankrupt is allowed to lodge a proposal with the Trustee; either a consumer proposal or a Division I Proposal. In either format, it is a debt settlement plan that the bankrupt is proposing for acceptance by the debtor’s creditors. By definition, if the proposal is fully carried out, then the person or company’s bankruptcy is annulled.

When bankruptcy is annulled, it is declared to have had no legal existence. It is as if it never happened. The annulment of the bankruptcy takes place upon the approval or deemed approved by the court of the consumer proposal. There will never be a distribution to the creditors from the bankruptcy administration. The Trustee, in this case, did not issue any funds from the bankruptcy, yet.

So the Note that the Trustee added, “There will be a significant dividend paid from the bankruptcy administration.” is problematic. Actually, it is more than problematic. It is just plain wrong.

Now the Trustee wishes to complete the bankruptcy administration. The Trustee submits its Statement of Receipts and Disbursements as required to the Superintendent of Bankruptcy (OSB) for approval. This issue came before the Court because of the OSB’s unfavourable comment letter dated June 15, 2018.

The Court’s analysis

Section 66.4(2) of the BIA states:

“Where consumer debtor is bankrupt

(2) Where a consumer proposal is made by a consumer debtor who is a bankrupt,

(a) the consumer proposal must be approved by the inspectors, if any, before any further action is taken thereon;

(b) the consumer debtor must have obtained the assistance of a trustee who shall act as administrator of the proposal in the preparation and execution thereof;

(c) the time with respect to which the claims of creditors shall be determined is the time at which the consumer debtor became bankrupt; and

(d) the approval or deemed approval by the court of the consumer proposal operates to annul the bankruptcy and to revest in the consumer debtor, or in such other person as the court may approve, all the right, title and interest of the trustee in the property of the consumer debtor, unless the terms of the consumer proposal otherwise provide.”

There is a similar provision for Division I Proposals.

The Court looked at the:

Statute
wording of the consumer proposal
Trustee’s report to the creditors on the consumer proposal; and the
Trustee’s actions in administering the proposal.

The Court had to decide if the Note was a term of the proposal or not. The Registrar took all factors into consideration, including that the Trustee issued to Ms. Corriveau the certificate evidencing full completion of the proposal upon her payment of $10,000.

The Registrar decided that the Note was an unfortunate error and that the only intention was for the creditors to share in the distribution from the consumer proposal with a gross value of $10,000.

Now for the treatment of the funds collected by the Trustee under the bankruptcy that is now annulled. The Registrar further concluded that consumer proposals that purport to also include a distribution from the funds held in the bankruptcy administration, must include clear and precise language in the proposal. The Registrar said that the Trustee failed to do so.

Therefore, the Registrar concluded that subject to any entitlement to fees by the Trustee from the bankruptcy administration, the funds held in the annulled bankruptcy are Ms. Corriveau’s property and should be returned to her. Costs of the application will be dealt with at the taxation of the Trustee’s account. The Trustee was directed to arrange a suitable date for that taxation to proceed before that Registrar.

Consumer proposal calculator summary

A proposal must offer the creditors a better result than what they would get in a person or company’s bankruptcy. So although a consumer proposal calculator is important, I think clear language is more important.

Are you in financial distress? Do you not have sufficient funds to pay your commitments as they come due?

Call the Ira Smith Team today so we can remove the anxiety, stress, pain and discomfort from your life that your money troubles have created. With the distinctive roadmap, we establish simply for you, we will quickly return you right into a healthy and balanced problem-free life.

As a Trustee, we are the only experts recognized, licensed and supervised by the federal government to give insolvency recommendations and to carry out insolvency procedures. A consumer proposal is a federal government authorized debt negotiation strategy to do that. We will assist you to choose what is best for you to rid yourself of your debt problems.

Call the Ira Smith Team today. We have years as well as generations of experience helping people and companies searching for debt restructuring, a debt negotiation strategy, or a consumer proposal Ontario to AVOID bankruptcy. You can have a no-cost evaluation so we can aid you to repair your financial problems. Call the Ira Smith Team today. This will let you return to a brand-new healthy and balanced life, Starting Over Starting Now.

[monkeytools msnip=”https://monkeyplayr.com/playr.php?u=5173&p=21010″]

Tags annul, assignment in bankruptcy, Bankruptcy, Bankruptcy and Insolvency Act, BIA, canlii, Consumer Proposal, consumer proposal calculator, consumer proposal canada, consumer proposal ontario, debt settlement, debt settlement plan, Ira Smith Trustee, licensed insolvency trustee, Superintendent of Bankruptcy, trustee in bankruptcy

Brandon Blog Post

CREDIT COUNSELING: EVEN FREE MAY NOT GET YOU TO TALK

Post author By Brandon Smith
Post date June 19, 2019

[monkeytools msnip=”http://monkeyplayr.com/playr.php?u=5173&p=20964″]

Introduction

In my May 3, 2017, Brandon’s Blog, DEBT SETTLEMENT OR CONSUMER PROPOSAL CANADA: REPORT SAYS CONSUMERS HARMED, I told you about a Government of Canada research study. On April 28, 2017, the Office of the Superintendent of Bankruptcy (OSB), released its study. It revealed the OSB’s concerns about credit counseling services in Canada who were doing more than just counselling, be they for-profit or non-profit.

The concerns

The concern was that the consumer was being harmed. The main areas of concern for the OSB were:

Consumers paid more money than required if they had first seen a licensed insolvency trustee (previously called a bankruptcy trustee) (LIT or Trustee) rather than the debt settlement company.
Dishonest debt relief firms chatted customers right into expensive car loans under the scare tactic that they would not qualify once they filed either a consumer proposal or for bankruptcy so now was the time to improve their credit score.
The debt negotiation firms had no accreditation or experience to provide the sort of financial advice they were offering.
Creditors obtained much less than they would have received if the insolvent person went first to see the LIT.
Debtors had no idea of their obligations under the insolvency process they ended up filing for. They were not offered the chance to experience one of the most essential facets of the Canadian bankruptcy system, economic recovery.

Public consultation

On November 24, 2017, the OSB sought public consultation on amending the process by which a LIT must perform credit counselling as part of the administration of consumer proposal filings. Changes were implemented and given time to see how they would work in practice.

On June 17, 2019, the OSB announced that it was seeking public consultation on a new Directive for LITs on credit counselling. These changes are meant to streamline the administrative structure for insolvency credit counseling.

All the changes are to better control the Trustees who receive referrals from debt settlement companies that charge the debtors for services that they really do not require before handing them over to a LIT to administer a consumer proposal.

Why not just go see a Trustee first?

It makes the most sense when you realize you are in financial trouble to see a LIT. A Trustee is only professional licensed, recognized and supervised by the federal government to provide insolvency advice and to administer insolvency filings to eliminate debt problems. A restructuring proposal is a government and court approved debt settlement plan to do that. In a first consultation, a Trustee will listen to all the issues and then provide a debtor with all the available alternatives. The aim is to avoid bankruptcy. This first consultation is also free! No charge! Gratis!

So why don’t more people do so? I believe the answer is in a recent Angus Reid poll titled The Awkward Silences Survey 2019. The survey says one-in-five Canadians claimed they least like to talk about:

Embarrassing health and wellness concerns – 20%
Sex – 18%
Finances – 17%
Religious beliefs or politics 17%
Small talk – 15%
Family and relationships – 13%

The unwillingness to talk about humiliating health and wellness problems was more widespread amongst males (23%) than females (17%).

When asked which one money and finance subject people like discussing the very least, personal debt and bankruptcy led by a big margin with one-in-three stating it was off limits to discuss (34%). This number is significantly greater in Quebec (42%) and least in Ontario (28%).

The survey says Canadians said that in the money and finance area, the least favourite topics they like to talk about are:

Personal debt or bankruptcy – 34%
Assets, liabilities and net worth – 22%
Their income – 16%
How they spend their money – 12%
Savings and investments – 11%
Their mortgage – 5%

I don’t do government approved and free

I always knew that going to see a Trustee to talk about financial problems was not high on anyone’s list. This recent survey is the first time that I have seen it studied with anything other than anecdotal stories. This could explain why even though it makes the most sense, people avoid it for as long as they can. It also explains why people will search out companies that try to candy coat the topic and call it something nicer. Unfortunately, as the OSB studies have shown, consumers do so to their own detriment.

People would rather pay good money they can’t afford to be hoodwinked by an unscrupulous debt consultant until they realize they have no choice but to see a Trustee. At that point, most of their various options are no longer available and bankruptcy is more often than not inevitable.

Whether it is a business or a person, corporate or personal, it will help to talk about it to a Trustee. Sticking your head in the sand will not make things better. There are various options to look at depending on how early on you seek help.

Corporate financial problems

For corporate financial problems, the options may include:

Refinancing with a new lender who has not grown weary.

Sometimes relationships, including business relationships, just run their course and fatigue sets in. I was recently consulted by a company whose banker grew tired of their turnaround plan, that was working. By introducing this company and its senior management to a new lender, who saw the long term benefits of lending to a company that was successfully turning itself around, the company was able to refinance and continue their business.

Corporate restructuring.

Sometimes a more formal plan needs to be put into place using one of Canada’s two federal statutes: (i) Companies’ Creditors Arrangement Act (Canada) (CCAA); or (ii) the proposal provisions of the Bankruptcy and Insolvency Act (Canada) (BIA). We have done many.

Receivership or bankruptcy proceedings to take assets from a sick company and get them into a healthy one to save jobs and the business.

Sometimes the corporate body is just too sick and weak and cannot continue. However, taking healthy assets and employees and transferring them to a new or different corporation can revitalize a business and save jobs. The old shareholders may or may not be associated with the new company. However, the highest value will be obtained for creditors, employees and all other stakeholders.

Personal financial problems

For personal financial problems, the options may include:

Credit counseling and budgeting.

Many people need help with items such as:

Budgeting
achieving financial goals
spending habits
responsible use of credit

Many times once this help is received, people can continue on themselves without any further problems.

Debt consolidation.

Debt consolidation is the process that permits you to roll your varied financial debts owing to many creditors into one single loan, leaving you with just one creditor. If you are starting to have troubles staying on top of your minimum month-to-month payments, and the amount of your debt is frustrating you, debt consolidation is a choice worth thinking about.

A consumer proposal and Division I Proposal.

A consumer proposal and a Division 1 proposal are options to filing bankruptcy. Although comparable in several aspects, there are some significant distinctions. Consumer proposals are offered to people whose financial debts aren’t more than $250,000, not including any debts registered against your personal house. Division 1 proposals are readily available to both companies and people whose financial obligations go beyond $250,000 (omitting mortgages registered on their primary home).

A consumer proposal is an official process under the BIA. Dealing with a Trustee you make a proposal to:

Pay your creditors a percentage of what you owe them over a specific amount of time
Extend the time you need to repay the debt
A mix of both

Repayments are made via the Trustee, who makes use of that money to distribute to each of your creditors. The agreed to a lesser amount of debt has to be repaid within 5 years.

Bankruptcy.

Sometimes when there are no other options, but the pain and stress of your debt load are just too much for you to handle, and you can’t see any other way, bankruptcy may be the only answer. The purpose of bankruptcy in Canada is to return the honest but unfortunate debtor back into society, so that they may be a productive member going forward.

Are you ready to talk about finances now and get some real credit counseling?

Don’t be like those people who took part in the Angus Reid survey. Take a positive step in the right direction to help your company and yourself.

Is your business in financial distress because you cannot collect your billings? Do you not have adequate funds to pay your creditors as their bills to you come due?

If so, call the Ira Smith Team today. We have decades and generations of experience assisting people looking for financial restructuring, a debt settlement plan and to AVOID bankruptcy.

A restructuring proposal is a government approved debt settlement plan to do that. We will help you decide on what is best for you between a restructuring proposal vs bankruptcy.

Call the Ira Smith Team today so you can eliminate the stress, anxiety, and pain from your life that your financial problems have caused. With the one-of-a-kind roadmap, we develop just for you, we will immediately return you right into a healthy and balanced problem-free life.

You can have a no-cost analysis so we can help you fix your troubles. Call the Ira Smith Team today. This will allow you to go back to a new healthy and balanced life, Starting Over Starting Now.

Tags Bankruptcy, bankruptcy trustee, Consumer Proposal, corporate financial problems, corporate restructuring, credit counseling, credit counselling, credit counselling canada, debt consolidation, debt relief, debt settlement, financial problems, financial restructuring, Ira Smith Trustee, licensed insolvency trustee, receivership, refinancing

[monkeytools msnip=”https://monkeyplayr.com/playr.php?u=5173&p=21209″]

Introduction

The 8 most asked questions

Who is responsible for credit card debt after death?

Is my spouse responsible for my credit card debt in Canada?

If your parents die with debt who pays it in Canada?

Is an executor responsible for the debt in Canada?

Am I inheriting my parents’ debt in Canada?

Is there credit card debt forgiveness upon death?

What happens to debts after death with no assets in the estate?

Am I responsible for my spouse’s debt in Ontario?

Credit card debt after death in Canada summary

Help with debt introduction

Canadian household help with debt

The Province of Quebec is trying to make a difference for help with debt

Will this help with debt work?

Has Quebec tackled the real help with debt issue?

Help with debt: Financial education was never on any curriculum

Do you have too much debt?

Annual credit report Canada: Introduction

Annual credit report Canada: What Capital One said

Annual credit report Canada: What to do immediately if you might be affected

Annual credit report Canada: There are other things I would also do to protect myself

Conclusion for annual credit report Canada

If you would rather listen to an audio version of this Credit Karma ca Brandon’s Blog, please scroll down and click on the podcast

Introduction

The nature of the millennial debt

Why do millennials really feel forced to spend too much?

So what is the answer?

Conclusion

Licensed insolvency trustees introduction

Licensed insolvency trustees: The discharge process

Mark Daniel MacFarlane bankruptcy

Mark Daniel MacFarlane discharge

Licensed insolvency trustees can apply to Court to have a discharge reversed

The Court was not too happy with the Trustee

The Court’s decision

Licensed insolvency trustees conclusion

[monkeytools msnip=”https://monkeyplayr.com/playr.php?u=5173&p=21099″]

Introduction

Why use a licensed insolvency trustee as an estate trustee?

Estate trustee problems we can help solve

Probate in Ontario – Why work with us?

[monkeytools msnip=”https://monkeyplayr.com/playr.php?u=5173&p=21070″]

Introduction

Bankruptcy or (consumer) proposal

Proposal

Your bank account

Registered Retirement Savings Plan (RRSP), Registered Retirement Income Fund (RRIF) or Deferred Profit Sharing Plan (DPSP)

Canada Pension Plan (CPP) and Old Age Security income (OAS)

Tax-Free Savings Account (TFSA), Registered Education Savings Plan (RESP) and other non-registered account investments

Annuity revenue in bankruptcy

Bankruptcy Act Canada summary

Introduction

What are consumer proposals?

The benefits

The process

Acceptance and performance

Full performance

Summary

If you would prefer to listen to the audio version of this consumer proposal calculator Brandon’s Blog, please scroll down to the bottom of the page and click on the podcast

Introduction

Shelly Gail Corriveau bankruptcy

Ms. Corriveau files a consumer proposal

Have you “Noted” the problem yet?

The Court’s analysis

Consumer proposal calculator summary

[monkeytools msnip=”http://monkeyplayr.com/playr.php?u=5173&p=20964″]

Introduction

The concerns

Public consultation

Why not just go see a Trustee first?

I don’t do government approved and free

Corporate financial problems

Personal financial problems

Are you ready to talk about finances now and get some real credit counseling?

**Will this help with debt work?**

**Has Quebec tackled the real help with debt issue?**