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CONSUMER PROPOSAL MEANS FINANCIAL RECOVERY: PAINLESS REBUILDING CREDIT AFTER FILING A CONSUMER PROPOSAL

Post author By Brandon Smith
Post date September 30, 2024

consumer proposal means

Consumer Proposal Means Financial Recovery: Introduction

Have you ever felt like you were at rock bottom financially? I never forget that when our clients encountered their financial crisis it felt like climbing Everest without oxygen. They learn how bankruptcy and consumer proposals can severely impact their credit score in those moments. Many individuals have successfully rebuilt credit through patience, education, and support systems. A bankruptcy or consumer proposal means that with a focus on collaboration and a determined mindset, achieving a 100-point increase in your credit score in a year is an attainable goal!

Today, I want to share my insights and experiences on surviving that situation and how you can thrive because the debt relief solution of a consumer proposal means that you need to rebuild your credit after such a challenge. From understanding your current credit situation to establishing solid financial habits, I’ll guide you through every step. Discover how tools like secured credit cards and credit-builder loans can make a difference, and learn the importance of monitoring your progress.,

Consumer Proposal Means Financial Recovery: What is a Consumer Proposal?

A consumer proposal is a flexible approach to debt repayment. In a consumer proposal, the licensed insolvency trustee acting as the consumer proposal administrator, assists the debtor in their financial restructuring by negotiating with creditors to repay a portion of their unmanageable debt over an extended period.

Although only a portion of the total unsecured debts are being repaid (as a rule of thumb, say 25%), once all payments are successfully made and the debtor attends the two mandatory financial counselling sessions, they receive their Certificate of Full Completion. Once that certificate is issued, their entire debt is discharged.

In a consumer proposal, unlike bankruptcy, the debtor does not hand over their non-exempt assets. Like in bankruptcy, the debts eligible for inclusion in a consumer proposal include credit card debt, unsecured personal loans, and tax debt. Proposals must be filed through a licensed insolvency trustee and are legally binding once accepted by the creditors.

Our clients who have successfully navigated the path to credit recovery from being an insolvent person can inspire confidence and determination in others for their insolvent person journey. If they can do it, why can’t you? Remember, taking that first step is what truly matters.

A consumer proposal means you are taking the first step in solving your debt problems. After you have completed making all of the consumer proposal payments, attended the two financial counselling sessions and received your Certificate of Full Performance, comes the next step.

That next step is rebuilding your credit. It’s crucial to be patient, educate yourself on credit management, and seek support when needed. The road to recovery might look daunting, but it’s filled with hope and opportunities for growth.

Many individuals have successfully rebuilt credit through patience, education, and support systems. With a focus on collaboration and a determined mindset, achieving a 100-point increase in your credit score in a year is an attainable goal! Filing a consumer proposal means that you have spoken with one or more licensed insolvency trustees, retained the insolvency trustee of your choosing, and made full disclosure to the insolvency trustee to, do the filing. That is the first step on your path to financial recovery.

In this Brandon’s Blog, I discuss not only what a consumer proposal means and the process, but also provide tried and true tips on rebuilding while you are completing and after you have completed your consumer proposal.

Key Features of What a Consumer Proposal Means

Eligibility requirements

Every Canadian can qualify for a consumer proposal as long as they are insolvent and their total debt is at least $1,000 and not more than $250,000 (not including any mortgage against their principal residence).

Types of debts included

A consumer proposal means that you can eliminate pretty well most kinds of unsecured debts, including income tax debt, with a few exceptions. The kinds of debt that cannot be eliminated through a consumer proposal are:

Secured debt: Debts owing to your secured creditors that are secured by an asset, such as a mortgage on your house or a vehicle loan.

Child support or alimony: Payments to a spouse or former spouse for child support.

Alimony: Debt owed to a spouse or former spouse for alimony or spousal support.

Student loan debt: Most Federal student loans.

Court-ordered debt:

Any fine, penalty, restitution order or other order similar in nature to a fine, penalty or restitution order, imposed by a court in respect of an offence, or any debt arising out of a recognizance or bail or a court-ordered payment plan
.Any award of damages by a court in civil proceedings in respect of:
- (i) bodily harm intentionally inflicted, or sexual assault, or
- (ii) wrongful death resulting therefrom
Debt or liability arising out of fraud, embezzlement, misappropriation or defalcation while acting in a fiduciary capacity.
A debt or liability resulting from obtaining property or services by false pretences or fraudulent misrepresentation, other than a debt or liability that arises from an equity claim.

Duration of repayment period

The duration of the repayment period for a consumer proposal means the length of time you have to make your monthly payments to your creditors under the terms of the proposal. This period of time cannot exceed 5 years (60 months).

A Consumer Proposal Process Means There Are Both Advantages (Pros) and Disadvantages (Cons)

The first step in considering what a consumer proposal means for you and if it is the right choice for your situation is to have a consultation with a licensed insolvency trustee. The licensed insolvency trustee will explain the entire process to you about filing the proposal, the proposal terms you will need to include, the role of the unsecured creditors voting and the approval and implementation process.

In this blog post, I won’t go through the nitty-gritty of the steps in the legal process of a consumer proposal. If you would like to read up on that, see my April 15, 2024 blog post “BANKRUPTCY OR CONSUMER PROPOSAL?: A LAWYER AND ACCOUNTANT’S COMPREHENSIVE GUIDE TO MASTERING INSOLVENCY LAW“.

Advantages (Pros) of a Consumer Proposal

There are three main advantages to a consumer proposal. They are:

Asset protection: In a consumer proposal,, unlike in a bankruptcy, you get to keep your assets. In this way, your assets are protected against loss.
Lower monthly payments: In a consumer proposal, as you are only repaying a portion of your total debt, you will enjoy lower monthly payments. Once you fully complete your consumer proposal, all of your unsecured debts are eliminated (other than for the exceptions listed above).
Legal protection from creditor harassment: Filing a consumer proposal means that you are given protection against your creditors from beginning or continuing any legal action against you. This includes protection against any creditors who may already have a judgment against you from continuing their collection action. This also means no more of those harassing collection calls.

Disadvantages (Cons) of a Consumer Proposal

There are also three main disadvantages to this debt relief solution. They are:

Impact on your credit rating.
Limitations on certain debts (already discussed above).
Long-term financial implications

It is the impact on credit score and the long-term financial implications that I discuss in the balance of this Brandon’s Blog. However, I also provide you with financial and debt solutions to come back from the initial disadvantages stronger and better than before.

Consumer Proposal Means Understanding the Impact of Bankruptcy and Consumer Proposals on Your Credit

When you find yourself in financial distress, the thought of filing for bankruptcy or a consumer proposal can feel overwhelming. But how does this decision affect your credit? In this section, I’ll break down the initial effects on your credit score after filing and explain how your situation before filing plays a role. We’ll also debunk some common myths surrounding bankruptcy.

Initial Effects on Your Credit Score After Filing

Filing a consumer proposal means you can expect your credit score to drop. But how much? The answer depends on various factors. Let’s look at some of the initial impacts:

Difficulty obtaining credit: After filing, lenders will see a significant risk in lending to you. You will probably be denied credit until you have completed the consumer proposal.
Impact on your score: Credit scores typically range from 300 to 900. Filing can drop your score significantly, especially if you had a good score previously.
Public record effects: A consumer proposal remains on your credit report and affects your credit rating for up to five years after completion. This can influence future borrowing and lender decisions.

To put it into perspective, credit score ranges are:

300 – 499 Poor
500 – 699 Fair to Good
700 – 749 Good
750 – 900 Excellent

How Your Situation Before Filing Plays a Role

Your credit score before filing for bankruptcy heavily influences the aftermath. If you had a high score of 700 or above, filing may significantly reduce it, but you still might remain in the fair to good range afterward. However, if your score was already poor, to begin with, filing might not change your situation much.

It’s important to reflect. Were you already struggling with debts? Did you miss payments often? These factors can worsen the impact of filing. Understanding this helps in preparing your financial future. I’ve often found people think all hope is lost with a bankruptcy label. But it’s not true!

Consider this: Filing can be a fresh start. If managed wisely, you can rebuild your score. But knowing where you stand is crucial – I suggest you check your score regularly. Tools found on sites like Credit Karma or Borrowell allow you to monitor your credit score as a soft inquiry so it does not affect your credit rating. They tap into a credit bureau like Equifax or TransUnion to make this easy for you. From your phone, you can monitor your credit score and credit reports.

Debunking Common Myths Surrounding What a Consumer Proposal Means

Stigma and Myths

The stigma around a consumer proposal or bankruptcy can lead to prevalent myths. Let’s clear some of them up:

Myth: Bankruptcy or a consumer proposal means you’ll never get credit again. Reality: Mos people rebuild their credit scores after they are discharged.
Myth: Bankruptcy or a consumer proposal means that all your debts vanish. Reality: Not all debts. See my list above.
Myth: Bankruptcy or a consumer proposal means it is a sign of failure. Reality: Many successful people have filed. Often, it’s a strategic move.

“Bankruptcy is not the end; it’s a new beginning.”

Recognizing these facts can help you face the decision with a clearer mind. An insolvency process can feel like a heavy weight, but understanding how to navigate the aftermath is empowering.

The Importance of Understanding The Timeline

Understanding how long it takes for your credit to recover can help you set realistic expectations. Generally, it takes several years to improve your score substantially. During this time, maintaining healthy financial habits is vital.

Explore options such as secured credit cards, consistent bill payments, and monitoring your credit report. This proactive approach can yield significant benefits over time.

In conclusion – well, not really a conclusion since we’re just getting started – successfully recovering from a bankruptcy or consumer proposal means that you entered the process fully understanding all of its implications which a licensed insolvency trustee can advise you on. The journey to financial recovery starts with understanding your credit and taking actionable steps.

Consumer Proposal Means You Need To Take Practical Steps to Rebuild Your Credit Post-Bankruptcy or Consumer Proposal

Rebuilding credit might sound daunting, especially after going through personal bankruptcy or a consumer proposal. I get it. It feels overwhelming, yet it’s crucial for your financial future. The good news? You can take actionable steps to mend your creditworthiness. Let’s dive into some practical strategies that can help.

First things first. One of the best actions you can take is to sign up for credit monitoring services like Credit Karma or Borrowell. Why? It’s simple. Regularly monitoring your credit helps you understand how your actions affect your score.

These services often provide a free credit report and insights into your credit history. You can track changes and ensure no fraudulent activity affects your credit. Plus, you’ll receive tips on improving your score. It’s like having a personal trainer for your credit!

2. Open a Secured Credit Card

Next, consider opening a secured credit card. This type of card requires a cash deposit, which acts as your credit limit. Essentially, you’re borrowing against your own money. It might feel strange, but it’s a powerful tool for rebuilding credit.

Manage it wisely! Use the card for small purchases and pay off the balance each month. This shows lenders that you can handle credit responsibly. Remember, 35% of your credit score is affected by payment history, so regular, on-time payments are crucial.

3. Establish Automatic Payments

We all have a lot going on in our lives. To avoid missing payments, set up automatic payments for bills and loans. This ensures you make your payments on time and helps maintain a positive payment history.

Plus, consider establishing a monthly budget. It’s not just about paying bills. A budget allows you to see where your money is going. When you stick to a budget, you create financial stability, making it easier to manage debts and expenses over time.

Why Monitor Your Credit Regularly?

Regularly monitoring your credit is not just about keeping an eye on your score. It’s about fostering financial habits that contribute to long-term stability. Think of your credit score as a reflection of your financial health. Just like a doctor checks your vitals, keeping tabs on your credit ensures you’re not heading into dangerous territory.

Here’s a sobering thought: Did you know that 30% of your credit score is affected by credit utilization? This refers to how much of your available credit you’re using. Keeping your utilization below 30% can significantly improve your score.

“Creditworthiness is about more than just the score; it’s about stability and responsibility.”

This statement encapsulates the essence of what rebuilding credit truly means. It’s not merely about achieving a high score; it’s about developing the habits that lead to financial stability. By signing up for credit monitoring services, using a secured credit card, and keeping your bills on autopilot, you’re paving the way to a financially stable future.

Remember, rebuilding your credit is a journey, not a sprint. Take each step seriously, and watch your financial situation transform over time.

A Consumer Proposal Means There Are Common Pitfalls in the Credit Rebuilding Process

The journey to rebuilding credit often feels daunting. I can tell you that recognizing common pitfalls is crucial for success. Whether you have just filed for bankruptcy or a consumer proposal, avoiding these mistakes can save you time, money, and frustration.

Ignoring Your Credit Report Post-Filing

It’s easy to think that filing for bankruptcy or a consumer proposal means that your problems are over. You might believe your credit will automatically improve. But, let me tell you: this is far from the truth.

Many consumers take a hands-off approach after their insolvency proceedings.
They assume, mistakenly, that their credit will fix itself over time.

However, doing nothing is risky. Doing nothing is as harmful as bad credit itself.

Until you check, you won’t know if there are errors on your report. Ignoring this aspect can lead to missed opportunities and continued low scores. Regular monitoring is essential. Besides, knowing what errors to look for can save you time and money in the long run.

Applying for Too Much Credit at Once

After bankruptcy or a consumer proposal, the temptation to apply for multiple lines of credit can be overwhelming. I get it. You want to rebuild fast! But lack of patience can lead to major setbacks.

When you apply for several credit accounts at once, it signals to lenders that you are desperate for credit.
This can negatively impact your credit score.

Think of it like trying to fill a glass with water. If you pour too quickly, it spills—making a mess instead of filling it up. Similarly, too many credit applications can create chaos in your credit report.

Not Keeping Track of Payments and Due Dates

Life gets busy; I understand that. Yet, not tracking payments can be disastrous for your credit score. If you’re missing due dates, interest rates can skyrocket, and penalties can add up quickly.

Using apps or calendars to set reminders can help.
Consistent, on-time payments are one of the biggest factors in rebuilding good credit.

Imagine trying to repair a car without regularly checking the engine. Without a consistent monitoring system in place for your bills, you might find yourself in the same situation – stalled when you could be moving forward.

Why Monitoring Your Credit Matters

The statistics on credit monitoring are alarming. Most consumers neglect regular checks of their credit reports. This neglect often leads to longer resolution processes for issues that could have been addressed sooner.

Keeping tabs on your credit can lead to faster resolutions of any issues that arise. It’s a proactive approach that can prevent minor problems from snowballing into major setbacks.

After A Consumer Proposal Means You Need Long-Term Strategies for Sustaining Good Credit

Managing your credit is not a sprint; it’s more like a marathon. Just like any long-distance race, you need a solid strategy to reach the finish line successfully. In this section, I’ll share essential tactics to help sustain and improve your credit over the long haul. Here’s what I believe are the core pillars for sound credit management.

Avoid Unnecessary Debt

Debt can be a double-edged sword. While some debt can help you build credit, unnecessary debt can easily trap you in a cycle of payments and stress. But how do you distinguish between necessary and unnecessary debt? Well, think about your needs versus wants.

Necessity: This includes mortgage payments, student loans, or essential living expenses.
Unnecessary: High-interest credit card balances for luxury items or impulsive spending.

Learning to distinguish these types of debt is critical. Have you ever found yourself reaching for your credit card for that new gadget? Sure, it’s tempting, but ask yourself: is it worth it? Maintaining good credit hinges upon making wise choices about how to use available credit.

Build an Emergency Savings Fund

Imagine you’re in a tight spot. An unplanned expense pops up—a car repair, for instance. Without savings, you might resort to using credit cards. This can be disastrous for your credit score. That’s why building an emergency fund is essential!

Here’s why:

Buffer Against Debt: An emergency fund helps you avoid high-interest loans or credit card debts.
Financial Stability: With a savings cushion, you can face unexpected costs without worrying about your credit utilization.
Peace of Mind: Knowing you have money set aside creates confidence in your financial decisions.

How much should you save? Aim for at least three to six months’ worth of expenses. It may sound daunting, but every small step counts. Deposit a little each month, and you’ll find it adds up faster than you think.

Seek Professional Advice for Complex Situations

Sometimes we all need a little help. If you’re facing a complex financial situation, consider talking to a professional. They can guide you through financial planning and help you navigate tricky credit management issues.

Licensed Not-For-Profit Credit Counsellors: These professionals can provide personalized advice and create plans tailored for you.
Financial Planners: They’re skilled in long-term financial strategies to help you achieve your goals while maintaining good credit.

No shame in asking for help, right? Knowing when to seek professional input can save you time, money, and stress in the long run.

Accountability is Key

Long-term strategic planning is vital. It’s easy to lose sight of your financial goals without accountability. Consider creating a credit management plan. Write it down, and review it regularly. How is your score trending? Are you sticking to your budget? This ongoing check can keep you responsible.

Statistically, consumers who actively participate in managing their credit improve their scores significantly within just a few years after the insolvency process. This fact challenges the notion that bad credit is a life sentence. Stability in income and judicious credit usage are hallmarks of strong credit health.

Isn’t that a powerful reminder? Consistent, wise use of credit while maintaining a stable income is the true recipe for good credit health.

The Journey Doesn’t End

Once you’ve implemented these strategies, remember that the journey doesn’t end here. Continuously working on your financial habits is essential for lasting credit improvement. Adopt a mindset of growth, and be proactive. Before you know it, you’ll be on a solid path toward thriving credit health!

A Successful Consumer Proposal Means Inspirational Success Stories: Rebuilding Against the Odds

When it comes to rebuilding credit, many people feel overwhelmed and hopeless. However, there are countless stories of individuals who have risen from the ashes, proving that anyone can improve their financial situation with determination and the right support.

Lessons We Can Learn From Others

What can we learn from people we have helped through a consumer proposal who have successfully rebuilt their credit? Here are a few key takeaways:

Patience is Key: Rebuilding credit takes time. Quick fixes are often temporary. Keeping a long-term perspective helps you stay motivated.
Education Equals Empowerment: Understanding credit reports, scores, and the factors affecting them is essential. Many successful rebuilders became self-taught credit experts.
Don’t Be Afraid to Ask for Help: Reaching out for support can be life-changing. Whether it’s financial advisors, credit counselling, or support groups, don’t hesitate to connect with experts.

The Importance of Support Systems

Having a support system during recovery is vital. Friends, family, and professionals provide encouragement and guidance. They help you remain accountable and often offer innovative strategies you might not think of on your own.

Imagine if you don’t seek financial advice when you are facing financial challenges. You would still feel trapped in your financial mess. Instead, proactive steps link you with a knowledgeable licensed insolvency trustee, allowing you to deal with your situation effectively. I believe that with the right help, anyone can bounce back from financial hardship.

We can all relate to needing support at some point in our lives. Having someone to lean on can make all the difference when you feel like giving up.

Staggering Data on Credit Recovery

Are you worried about whether rebuilding your credit is even possible? According to statistics, many successful rebuilders see a 100-point increase in their score within the first year. Isn’t that encouraging?

Consumer Proposal Means Financial Recovery: Conclusion

Hearing stories from individuals who have successfully conquered their outstanding debts and navigated the path to credit recovery can inspire confidence and determination in your journey. I have many that I can share with you. If they can do it, why can’t you? Remember, taking that first step is what truly matters.

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

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

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

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

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

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

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

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DEBT COLLECTION AGENCY LAWSUIT: AVOID THESE 3 SERIOUSLY COSTLY ERRORS

Post author By Brandon Smith
Post date September 16, 2024

collection agency

Collection Agency Lawsuit: Introduction

As a licensed insolvency trustee, I’ve witnessed the serious effects that a debt collection agency or other creditor lawsuits can have on people and their families. The idea of being sued can feel incredibly daunting, especially when you learn from your lawyer that your chances of winning might not be great. The stress and anxiety that come with being chased by a collection agency can be exhausting, and the fear of receiving a judgment against you can be paralyzing.

However, it’s important to know that you don’t have to face this challenge on your own. Throughout my career, I’ve assisted many individuals and families in navigating the complicated and often stressful world of debt collection lawsuits. Along the way, I’ve identified three common mistakes that can worsen an already difficult situation.

In this post on Brandon’s Blog, I’ll outline these three costly errors that people often make when dealing with debt collection agency lawsuits. Whether you’re currently facing a lawsuit and feeling overwhelmed or just want to be prepared, this information could be vital for you.

Collection Agency Lawsuit: Understanding Ontario’s Debt Collection Regulations

Overview of Ontario laws and practices

The Province of Ontario’s debt collection laws regulating the activities of each collection agency are governed mainly by the Collection and Debt Settlement Services Act, R.S.O. 1990, c. C.14. However, elements of the Consumer Reporting Act, R.S.O. 1990, c. C.33 also come into play. Here’s an overview of the laws and collection practices that every collection agency must follow:

Collection and Debt Settlement Services Act:

Registration: To provide debt collection agency services, they must be registered with the Province to operate in Ontario and collect outstanding debts on behalf of either the original creditor or themselves if they purchased the debt from the original creditor. To obtain registration, a collection agency must meet certain requirements, such as having a minimum amount of insurance coverage and a designated complaints officer.
Prohibited Practices: Every Ontario debt collection agency and their collection agents are prohibited from engaging in certain practices, including:
- Using threats, intimidation, or harassment to collect debts
- Making false or misleading representations
- Disclosing confidential information
- Falsifying documents
- Using unfair or deceptive tactics
Communication: Every collection agency in Ontario must communicate with consumers professionally and respectfully. They must also provide clear and concise information about the debt, including the amount owed, the creditor’s name, and the date the debt was incurred.
Verification: Each Ontario collection agency must verify the debt before attempting to collect it. This includes confirming the debt with the creditor and ensuring that the consumer is the correct person responsible for the debt.
Cease and Desist: Consumers can request that a collection agency cease contacting them. The agency must comply with this request and not contact the consumer again unless they have a new debt to collect.

Consumer Reporting Act:

Credit Reporting: Credit reporting agencies must follow strict guidelines when collecting and reporting consumer credit information. This includes ensuring that the information is accurate, up-to-date, and not used for discriminatory purposes.
Consumer Rights: Consumers can access their credit report, dispute errors, and request that inaccurate information be removed.
Data Protection: Credit reporting agencies must protect consumer data by implementing reasonable security measures to prevent unauthorized access, disclosure, or use of the information.
collection agency

Best Practices for Debt Collection Agency Responsibilities in Ontario

Compliance: Debt collectors and the collection agency they work for must comply with the laws and regulations outlined above.
Transparency: Debt collectors must be transparent about the debt, including the amount owed, the creditor’s name, and the date the debt was incurred.
Professionalism: Debt collectors must communicate with consumers professionally and respectfully and not use coercive language.
Verification: Debt collectors must verify the debt before attempting to collect it.
Cease and Desist: Debt collectors must respect consumers’ requests for the collection agency to cease and desist from contacting them.
Data Protection: Debt collectors and the collection agency they work for must protect consumer data by implementing reasonable security measures.

Penalties for Non-Compliance

Fines: Any collection agency and all credit reporting agencies that fail to comply with the laws and regulations may be subject to fines.
License Revocation: A collection agency that fails to comply with the laws and regulations may have its license revoked.
Criminal Charges: Debt collectors who engage in illegal or unethical practices may be subject to criminal charges.

It’s essential for debt collectors, their collection agency employer and credit reporting agencies to understand and comply with the laws and regulations outlined above to avoid penalties and maintain a positive reputation.

Collection Agency Lawsuits: Understanding the Reality of Debt Collection Lawsuits

As someone who has been closely involved in the world of financial services and recovery, I can tell you that the reality of debt collection lawsuits over unpaid debts is far more prevalent than many people realize. In Canada alone, over 500,000 individuals grapple with such legal challenges every single year. This staggering figure reflects the growing financial struggles that touch nearly every corner of our society. It’s not just a number; it’s a profound reality affecting people’s lives, families, and futures.

Imagine waking up one day to find a statement of claim served upon you. Your heart races, palms sweat, and a whirlwind of anxiety seize you. It’s easy to feel overwhelmed, especially when confronted with the daunting legal jargon and complex processes that accompany a lawsuit. Many of those involved in these situations often feel disheartened, confused, and uncertain about the steps they must take next.

Real-Life Implications of Receiving a Statement of Claim

Let’s unpack what it truly means to be sued after normal collection agency collection efforts are exhausted without success. When you’re served with a court document, it’s not just a piece of paper; it’s a critical juncture in your financial journey. The implications are profound. Ignoring the claim will not magically make it disappear. It almost certainly worsens the situation. Many people mistakenly believe they can sidestep the problem, hoping it will fade away. Trust me, it won’t.

How you respond is vital, and can ultimately shape your financial future. I’ve seen firsthand how a lack of action can lead to disastrous outcomes. If taken lightly, it could lead to a judgment against you, which in turn can result in wage garnishments, frozen bank accounts, or even property liens. The psychological burden of such outcomes is immense, often leading individuals to feel trapped and hopeless.

Common Misconceptions About Debt Handling

One of the most significant misconceptions I often encounter is the belief that simply explaining one’s situation to a judge will lead to a favourable outcome. Unfortunately, reality operates quite differently. Courts have legal frameworks and procedures that must be followed. I’ve seen individuals attempt to represent themselves in court, unaware of the legal nuances that could potentially tip the scales in their favour. This lack of understanding often results in preventable mistakes that can cost dearly in the long run.

Moreover, misconceptions about debt relief options are common. Many people aren’t aware that debt collection lawsuits may present unforeseen opportunities to negotiate settlements or engage in alternate resolutions. An overwhelming percentage of those facing these challenges don’t seek legal assistance—only about one-third take that step. This lack of guidance often leads to missed opportunities for improved financial outcomes.

‘Ignoring debt is like ignoring a fire; it only gets worse over time.’

It’s crucial to dispel these misconceptions. Knowledge is power, and being informed means being better equipped to respond to the challenges debt collection lawsuits pose. It’s essential to reach out for help and understand all available options—taking control of the situation is the first step toward a more secure financial future.

Seek Professional Guidance: Your law firm experienced in such matters can provide invaluable expertise tailored to your specific situation.
Understand Your Rights: Knowing what legal protections you have can significantly influence your case.
Consider Debt Relief Options: Programs like consumer proposals or bankruptcy may offer a strategic path to recovery.

Ultimately, if you find yourself facing a debt collection lawsuit, remember that you’re not alone. The road ahead may seem daunting, but taking action early on can pave the way toward a brighter financial landscape. Whether it’s having your lawyer in your corner or understanding the options available to you, every effort counts.

As someone who has guided many through similar experiences, I can assure you that empowering yourself with accurate information and support can transform a seemingly dire situation into an opportunity for recovery. Imagine breaking free from the overwhelming pressure of financial strain. Picture a future where you’re no longer burdened by the weight of debt. It can happen, but only if you take that first step today.

Collection Agency Lawsuit: 3 Critical Errors in Responding to Debt Collection Lawsuits

As someone who has seen countless individuals navigate the turbulent waters of debt collection lawsuits, I can assure you that how you respond can profoundly impact your financial future. It’s not merely about settling scores; it’s about preserving your well-being and financial stability. Allow me to share some critical errors that can lead to catastrophic consequences and how to avoid them.

Understanding the Importance of Timely Responses

Let’s start with the most pressing point: the significance of responding promptly to a debt collection lawsuit. Imagine receiving a claim; your heart races and panic sets in. Many people think they can buy themselves time by delaying their response. However, this is a dangerous miscalculation. Inaction can lead directly to a default judgment, which means the court automatically rules against you simply because you failed to respond.

According to legal statistics, late responses can significantly jeopardize your case and lead to repercussions like wage garnishments and asset seizures. When you fail to respond in time, it’s not just a missed opportunity—it can spiral out of control, making your situation far more difficult than it needs to be. Timing is everything, and knowing when to act could make all the difference.

Consequences of Admitting Debt Too Soon

It’s important to be cautious when it comes to admitting the alleged debt, especially before you’ve fully assessed your situation. Many people, feeling overwhelmed, might quickly agree that they owe the amount claimed in a lawsuit without considering their options. This premature admission can severely limit your ability to negotiate and may cause you to overlook potential defenses that could work in your favor.

For instance, there might be errors in the amount owed, or the creditor might not even have the legal right to pursue the claim against you. I’ve seen many individuals inadvertently close off avenues for resolution just by admitting guilt too soon.

Before you make any statements about your debt, it’s vital to have a clear strategy. The potential consequences are significant—one misstep can put everything you’ve worked for at risk. It’s wise to consult with a legal expert who can help identify possible defences and negotiate on your behalf.

The Risks of Self-Representation

It’s important to understand that admitting to a debt too quickly can have serious consequences. Many people, feeling pressured and overwhelmed, might simply agree to the amount claimed in a lawsuit without fully considering their options. This can significantly reduce your chances for negotiation and might even forfeit defenses you didn’t know you had. For example, there could be errors in the amount owed, or the creditor might not even have the right to pursue the debt.

I’ve seen too many individuals inadvertently close off potential solutions by rushing to admit fault. Before making any statements about your debt, it’s vital to have a clear strategy in place. The implications of a hasty admission can be severe and could jeopardize everything you’ve worked hard for. Consulting with a legal professional is key—they can help identify possible defenses and negotiate on your behalf.

‘The stakes are high – one error can jeopardize everything you’ve worked for.’

The Emotional Toll of Mishandling Lawsuits

It’s vital to recognize that the consequences of mismanaging a debt collection lawsuit stretch beyond just financial implications. The stress that accompanies relentless creditor calls and the looming shadow of a court judgment can take an emotional toll that affects your relationships and overall well-being.

Many people underestimate how overwhelming financial troubles can be. The shame of facing a lawsuit can lead to feelings of isolation and anxiety, which are detrimental to both mental and physical health. I’ve spoken to individuals who felt like their lives were unravelling—caught in a cycle of fear, worry, and self-blame. It’s utterly exhausting and can drain your spirit.

Final Thoughts on Making Informed Decisions

Recognizing these three common mistakes when dealing with debt collection lawsuits is an important step in regaining control of your financial situation. By understanding the need to respond promptly, avoiding early admissions of guilt, and not going it alone without legal help, you can significantly improve your chances of achieving a better outcome.

Seeking professional advice can help you take charge of your financial future. Whether you need legal representation or are considering bankruptcy options, the most important thing is to take informed steps. Remember, being knowledgeable about your rights and options can be your biggest advantage during this difficult time.

Collection Agency Lawsuit: The Emotional and Financial Toll of Mishandling Lawsuits

As someone who has witnessed the devastating impacts of people who default on their monthly payment obligations and mishandling debt collection lawsuits, I can tell you that the fallout goes beyond just the immediate financial consequences. The reality is that when a lawsuit is mishandled, it triggers a domino effect that can alter one’s life in unimaginable ways. Let’s delve into the layers of this issue—looking not just at the financial repercussions but also the profound emotional toll it can take.

Immediate Financial Repercussions

When a debt collection lawsuit is mishandled, the financial ramifications are swift and serious. I’ve seen firsthand how beautiful dreams of financial freedom can turn into nightmares almost overnight. Many individuals underestimate the severity of a judgment against them, thinking it might not be a big deal. Unfortunately, the implications are significant. Once a court issues a judgment, the total debt amount, often much larger than the original loan due to accruing interest and legal fees, is now your responsibility. Not only are you stuck paying back the debt, but you might also be faced with additional costs.

Moreover, judgments can linger on credit reports for as much as seven years. If you’ve ever had to navigate the world of loans, mortgages, or even renting an apartment, you know how crucial a good credit score is to your financial viability. A low score may bar you from access to future loans or significant purchases—plummeting your chances of achieving goals you may have set for yourself. I’ve seen good people get turned down for jobs simply because of what’s on their credit report.

Long-term Impacts on Credit Scores

What I find incredibly frustrating is that the impact of a mishandled lawsuit doesn’t just end when you pay off your debt, if you can. The repercussions can echo into your future, overshadowing your financial landscape for years. The stain of a poor credit report and credit score isn’t easy to wash away, and the road to recovery can be long and winding. Financial institutions such as banks, credit unions and credit card companies rely heavily on credit scores when assessing new credit applications.

If you find yourself in a situation where a lawsuit leads to a judgment against you, the aftershocks can be felt in your credit score for years, creating barriers to financial opportunities that are vital for a secure future.

A judgment can impact your ability to rent a home.
It may hinder future loan applications or result in unfavourable interest rates.
It can limit your job prospects, as some employers check credit history during hiring.

As I mentioned earlier, the emotional struggle that accompanies these financial burdens is often overlooked. It’s vital not to underestimate how these experiences can impact your psyche. How many of you have felt that pit in your stomach when you see a creditor’s name pop up on your phone? It’s more common than you think.

The Overlooked Emotional Toll

As I walk alongside individuals facing debt collection lawsuits, I frequently notice how deeply these situations affect mental wellness. It’s not just about the debt; it becomes a stress point in every aspect of life. Stress manifests in various ways—relationship strains, health problems, and even long-term psychological effects. I know people who have faced sleepless nights filled with anxiety, worrying about unseen threats to their financial stability.

Just ask yourself: how would you feel knowing that a part of your hard-earned income is about to be garnished due to a court judgment? The feeling can be suffocating. It’s like standing on a precipice, staring down at the potential of losing everything you’ve worked so hard to maintain. And the isolation can be crippling. The shame associated with financial struggles can cut you off from support networks, making it harder to seek help when you need it most.

‘The emotional impact can be just as crippling as the financial one.’

Amidst all this, people often miss out on chances to negotiate more favourable terms or explore debt relief options. If only there were better guidance available, less hope would be lost when faced with such legal hurdles. I often reflect on the countless individuals who, due to misinformation and fear, missed out on opportunities for financial redemption.

To sum it up, mishandling a debt collection lawsuit can plunge you into a cesspool of financial instability and emotional turmoil. I’ve seen it wear people down, affecting their relationships, their health, and their overall quality of life. Once you find yourself in the whirlwind of a lawsuit, it’s crucial to tackle it head-on, seeking the right guidance and understanding the full scope of what’s at stake.

Collection Agency Lawsuit: Empower Your Financial Future: Steps to Take Now

As someone who’s seen countless individuals struggle with their finances, I cannot stress enough the importance of taking proactive steps toward achieving financial stability. Many people find themselves in overwhelming debt situations, and I often find that the best move is to seek professional guidance. This is not just a recommendation; it can truly be a lifeline in navigating these stormy waters.

In my interactions with clients, I’ve learned that many overlook the various options available to them in the face of insolvency challenges. Interestingly, seeking the help of a licensed insolvency trustee can illuminate paths they never considered. For instance, options like consumer proposals can be immensely beneficial, potentially leading to substantial debt reduction. These structured exits can alleviate the stresses of overwhelming debts without the burden of a lawsuit lingering over your head.

“Knowledge is power, and understanding your rights is the first step to taking control.”

Taking swift action can not only help you avoid the escalation of financial issues but also open doors for negotiation or resolution. The earlier you either confront the debt or seek help, the more options you have at your disposal.

Exploring Alternative Debt Management Strategies

Don’t underestimate the variety of avenues available to tackle your debt. While some may view bankruptcy as a daunting final resort, it offers legal protection against multiple and persistent creditor lawsuits. It’s vital to recognize that filing for bankruptcy or opting for a consumer proposal can pave the way for a fresh start. These strategies protect you from aggressive creditors, helping to secure your financial future.

I frequently advise my clients to consider all possible alternatives when managing debt. Engaging a licensed insolvency trustee can reveal insights into your specific situation and highlight options that not only aid in immediate debt relief but also help in rebuilding your creditworthiness in the long run.

The Path Towards Financial Recovery

Recovering financially is not just about resolving debts; it’s about reclaiming your financial future. Think about it: having a clear road map can give you peace of mind and remove layers of stress caused by those constant calls from creditors. I often ask my clients to imagine what life would feel like free from the worry of financial pitfalls, and that image often serves as motivation to take the necessary steps forward.

Sometimes, the biggest hurdle is the fear of the unknown. If you’re reading this because you’re feeling overwhelmed, know that there is a way out. Having someone like me or my trusted colleague, Brandon Smith, by your side could mean the difference between continuing down a precarious financial path or stepping toward recovery.

Taking Action: Your Proactive Steps

Now, let’s get practical. Here are key actions you can take:

Consult with an expert: Reach out to a legal professional who specializes in debt management to get a realistic opinion on the lawsuits facing you.
Explore other options: Contact a licensed insolvency trustee to learn about consumer proposals, bankruptcy, and other debt management strategies suitable for your situation. We have a very high success rate in consumer proposals.
Act swiftly: Don’t wait for the situation to worsen before seeking help; early intervention can be invaluable.

At the end of the day, it’s about recognizing that you are not alone in this. There are resources and people ready to help. When you reach out for assistance, you take the first step toward stability and financial empowerment. Remember, it does not have to be this way. There is hope for a brighter financial future, and with the right guidance, you can regain control over your financial destiny.

In summary, by seeking professional guidance and educating yourself on debt management options, you can chart a path toward financial recovery. Don’t let the weight of financial stress hold you back—take action today. Your future self will thank you for it!

Collection Agency Lawsuit: Conclusion

The bottom line is that you need to seek professional help to navigate debt challenges and challenging financial circumstances; explore options like consumer proposals or bankruptcy to regain control if the chances of success in winning your lawsuits are slim or dim. Early action is crucial for financial recovery and peace of mind.

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

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

Tags alleged debt, coercive language, collection agency, collection agency lawsuit, Collection agency responsibilities, Collection Agency Services, collection agents, collection practices, credit card, credit history, credit report, credit score, Debt collection laws, debt collectors, financial circumstances, Financial services, law firm, monthly payments, outstanding debt

Brandon Blog Post

PAYCHEQUE TO PAYCHEQUE LIFESTYLE: THE HUGE DISCONNECT BETWEEN THE BANK OF CANADA AND EVERYDAY CANADIANS

Post author By Brandon Smith
Post date May 20, 2024

Paycheque to Paycheque Introduction

Living paycheque to paycheque has become a harsh reality for many Canadians, despite the Bank of Canada’s optimistic economic outlook. In this Brandon’s Blog, I delve into the stark contrast between the Bank of Canada’s perception of how households are coping with higher interest rates and the actual struggles faced by everyday Canadians trying to meet their cost of living in Canada.

The term “savings guilt” has emerged as more households find themselves unable to save for the future due to rising living costs and stagnant incomes. Let’s explore this disconnect and shed light on the challenges of living paycheque to paycheque in today’s economic landscape.

Understanding the Concept of Living Paycheque to Paycheque

Definition of Living Paycheque to Paycheque

Living paycheque to paycheque refers to a financial situation where individuals rely solely on each paycheque to cover their expenses. It used to mean that those people were left with little to no savings or emergency funds. Today in our rising cost and higher interest rate environment, it means that more people are having trouble even meeting their required monthly living expenses and certainly nothing to handle emergency expenses.

This lifestyle often leads to financial stress, limited flexibility, and a constant struggle to make ends meet. Individuals living paycheque to paycheque may find it challenging to plan for the future, handle unexpected expenses, or break free from the cycle of paycheque dependency. It highlights the need for better government policies, financial management, savings habits, and support systems to help individuals build a more secure financial foundation.

Real-Life Factors Influencing People Living Paycheque to Paycheque

A person’s financial stability is greatly influenced by a myriad of factors, which can exhibit significant variations. These factors, ranging from personal circumstances such as the security of employment and income levels to external forces like prevailing economic conditions and market trends, hold the power to mould the financial management strategies of individuals. Furthermore, lifestyle choices, spending habits, and the pursuit of financial objectives also exert a profound impact on the decision-making processes. Acquiring a comprehensive understanding of these factors becomes indispensable in effectively addressing the challenges associated with living paycheque to paycheque, and in making judicious financial choices that pave the way towards a more secure future.

Factors Affecting Living Paycheque to Paycheque

When it comes to facing financial challenges, it’s crucial to delve deeper into the root causes that contribute to these obstacles. As a financial adviser who has worked closely with clients grappling with savings guilt and living paycheque to paycheque, I understand the multifaceted nature of these struggles.

One significant aspect of understanding the root causes of financial challenges is identifying the external factors at play. It’s common for individuals to feel personally responsible for not being able to save enough, but the truth is that the affordability crisis is largely influenced by factors beyond our control. The rising cost of essential expenses such as bills, housing, and food coupled with stagnant household incomes can create a daunting financial landscape that makes saving a challenging feat.

Cost of Living in Canada

The increasing cost of living poses a significant worry for numerous Canadians, amplifying the difficulties of living from one paycheque to another. From skyrocketing housing prices to escalating grocery costs, day-to-day expenses continue to surpass income growth, leaving individuals grappling to make ends meet. This financial burden not only affects immediate financial stability but also restricts long-term savings and investment prospects.

With the ongoing rise in the cost of living, more Canadians find themselves compelled to prioritize necessities over discretionary spending, further perpetuating the cycle of dependence on their paycheques. Tackling this issue necessitates a comprehensive approach that takes into account both macroeconomic policies and personal financial management strategies.

Income Disparities and Inflation

Income disparities and inflation exacerbate the challenges faced by Canadians living paycheque to paycheque. As income inequality widens, many individuals struggle to keep up with the rising cost of living, leading to a cycle of financial instability. Inflation further erodes the purchasing power of these individuals, making it increasingly difficult to make ends meet. The combination of stagnant wages and increasing expenses creates a significant burden on those already living on the edge. Addressing these issues is crucial to ensure a more equitable society where all individuals have the opportunity to achieve financial security and stability.

Increasing Consumer Debt

Many Canadians are currently facing the reality of living paycheque to paycheque due to the continuous increase in the cost of living. This unfortunate financial situation has led to a significant surge in consumer debt across the country. Recent statistics reveal that core working-age households, specifically those aged 35 to 64, had the highest debt-to-income ratios in the fourth quarter of 2023. For individuals aged 55 to 64 years, the ratio stood at 160.5%, while for those aged 35 to 44 years, it reached a staggering 247.9%. The debt burden for core working-age households grew at a faster pace than their disposable income, particularly for those aged 55 to 64, as higher debt charges offset their employment income gains.

This concerning trend is directly linked to the rising costs of housing, transportation, and other essential expenses. Struggling to meet their basic needs with limited income, individuals are compelled to rely on credit cards and loans. Unfortunately, this dependence on credit has paved the way for a never-ending cycle of debt, hindering individuals from attaining financial stability.

Addressing this issue requires the attention of policymakers and financial institutions. Solutions must be found to alleviate the burden of living paycheque to paycheque and to effectively tackle the escalating consumer debt in Canada.

Overview of the Bank of Canada’s Role in the Paycheque to Paycheque Lifestyle

Overview of the Bank of Canada

The Bank of Canada assumes a pivotal role in shaping the economic landscape of the nation through the formulation of monetary policies and diligent monitoring of key economic indicators. Serving as the central bank, its primary objective revolves around upholding price stability and fostering a robust economy. By making informed decisions concerning interest rates and inflation targets, the Bank of Canada exercises a significant influence over borrowing costs, investment choices, and the overall trajectory of economic growth.

Nevertheless, it is crucial to acknowledge the evident disparity between the Bank’s perception of how Canadian households are coping with higher interest rates and the harsh reality of numerous families living paycheque to paycheque. This pronounced discrepancy underscores the imperative for a more profound comprehension of the challenges faced by ordinary Canadians.

The Bank of Canada Disconnect to the Canadian Reality

Senior Bank Deputy Governor Carolyn Rogers recently emphasized at a news conference that households seem well-positioned to manage their financial obligations effectively despite the changing interest rate environment.

The Bank of Canada’s view is that during the pandemic, many households and businesses bolstered their liquid assets, providing them with a cushion to navigate economic uncertainties. The trend of mortgage borrowers with flexible rate mortgages making advance lump sum payments highlighted a strategic approach towards debt management, further strengthening their financial positions.

The way the Bank of Canada sees the Canadian economy, while the discussion around lowering borrowing costs is pertinent, as policymakers they are focused on inflation; their focus is on macroeconomics, not microeconomics. They are betting on Canadian households to be able to withstand higher interest rates for an extended period to focus on reducing Canadian economic,recession risks.

The way the Bank of Canada sees it:

Canadians are proactively adjusting to higher interest rates to maintain financial stability.
Households have demonstrated resilience in servicing their debts even amidst rising costs.
The rise in wages and savings has played a crucial role in improving debt management practices.

Yet, one of the primary concerns highlighted by the Bank of Canada is the vulnerability of non-mortgage borrowers, particularly those with high-interest debt made up mainly of credit card and auto loan current debt payments. The central bank’s report indicates that a significant proportion of non-mortgage borrowers are struggling to meet their credit obligations, with some surpassing pre-pandemic levels of payment delinquency. This underscores the importance of monitoring the financial health of all types of borrowers, not just those with mortgages. It also highlights the disconnect between the central bank and everyday working Canadians.

Looking ahead, the forthcoming decisions by Governor Tiff Macklem and his team regarding interest rates are crucial. The upcoming period will offer insights into their view on the effectiveness of policy measures in sustaining economic stability.

Strategies for Breaking the Paycheque to Paycheque Cycle

Mental Health First: Understanding the Root Causes

When it comes to facing financial challenges, it’s crucial to delve deeper into the root causes that contribute to these obstacles. As a licensed insolvency trustee who has worked closely with clients grappling with savings guilt and living paycheque to paycheque, I understand the multifaceted nature of these struggles.

One significant aspect of understanding the root causes of financial challenges is identifying the external factors at play. It’s common for individuals to feel personally responsible for not being able to save enough. Still, the truth is that the affordability crisis is largely influenced by factors beyond our control. The rising cost of essential expenses such as utilities, taxes, housing, and food coupled with stagnant household incomes can create a daunting financial landscape that makes saving a challenging feat.

Chantel Chapman, the CEO and co-founder of Trauma of Money located in British Columbia, aptly points out the importance of questioning the origins of our shame and guilt surrounding financial struggles. Many individuals allocate a substantial portion of their income towards meeting basic needs, leaving little room for emergency savings or investment. This financial strain can lead to feelings of inadequacy and health issues, especially when comparing your household finances to others who appear to effortlessly save.

Moreover, external factors like economic fluctuations, high rental costs, and interest rates can significantly impact an individual’s ability to save. Research conducted by Coast Capital revealed that a considerable segment of the Canadian population experiences financial shame, which can take a toll on mental and emotional well-being. It’s crucial to break free from this guilt cycle by acknowledging and challenging these negative self-perceptions.

By recognizing the connection between our thoughts and physical responses, we can begin to untangle the source of our guilt. Distinguishing between internal and external guilt is a pivotal step in regulating our nervous system and paving the way for practical solutions. Seeking support from friends, undergoing budget reviews, and adjusting spending priorities are effective strategies for combating financial guilt.

It’s essential to de-personalize guilt and understand that everyone’s financial journey is unique. The culture of comparison, amplified by social media, can further exacerbate feelings of inadequacy and financial guilt across various age groups. Young individuals may feel pressured to save for major milestones like purchasing a home, parents may grapple with securing their children’s future, and individuals nearing retirement may worry about meeting their savings goals.

Overcoming savings guilt necessitates a shift in mindset, heightened self-awareness, and a readiness to challenge societal norms of comparison and perfection. By reevaluating our relationship with money, acknowledging external influences, and taking proactive steps toward financial well-being, we can liberate ourselves from the cycle of guilt and forge a path toward a more secure financial future.

Creating a Household Budget and Sticking to It

Another essential strategy for alleviating ‘savings guilt’ is setting realistic savings goals and budgeting monthly payments effectively. It’s important to create achievable milestones for personal finances that reflect your income, expenses, and long-term aspirations. By breaking down savings targets into manageable increments, the process becomes less daunting and more attainable.

Preparing a realistic monthly budget and sticking to it s also key for both living within your means and for successful savings management. By tracking income and expenses, individuals can identify areas where adjustments can be made to optimize savings potential. Implementing strategies such as automatic transfers to a savings account or cutting back on non-essential expenses can contribute significantly to reaching financial goals.

Taking the initiative to actively participate in financial planning and actively seeking expert advice can result in gaining a clear understanding and enhanced assurance when making important financial choices.

Establishing attainable savings targets and effectively managing one’s budget are essential measures in addressing feelings of guilt associated with saving money. By adopting these approaches and actively making sound financial decisions, individuals can conquer the burden of ‘savings guilt’ and pave the path towards a more stable and secure financial future.

While cutting expenses and adopting frugal practices can aid in the savings process, exploring alternative avenues to increase earnings is equally important. Leveraging employee benefits, focusing on long-term financial objectives, and tracking progress can instill a sense of direction and purpose in one’s financial journey. It’s crucial to get creative with income streams and consider options like taking on second jobs or side hustles to bolster financial stability.

Prioritizing Debt Repayment and Building an Emergency Fund

Living paycheque to paycheque has become a common reality for many Canadians. Surveys have reported that about half of Canadians are $200 or less away from financial insolvency every month. This highlights the importance of household budgeting, the need for debt repayment and creating an emergency fund.

But where will this money come from when it is costing Canadians all or more than their entire paycheques for necessities? With rising living costs and stagnant wages, it is crucial for individuals and families to carefully manage their finances. A well-planned household budget can help individuals track their expenses, prioritize spending and save for future goals. Additionally, establishing an emergency fund can provide a safety net for unexpected expenses such as job loss, medical emergencies, or home repairs. Canadians need to prioritize budgeting and creating an emergency fund to avoid financial instability and build a secure financial future.

However, right now, the data suggests Canadians do not have the means to save for financial freedom as they still need to borrow on credit cards and lines of credit to make up for an income gap.

Government Programs and Support

Prime Minister Justin Trudeau is also focused on macroeconomic issues and ignoring the message about affordability we get daily. In his April 2024 address to the Canadian Chamber of Commerce, he underscored the importance of intergenerational opportunity. He emphasized Canada’s role as a global leader, particularly in innovation, artificial intelligence, clean energy and technology. His remarks resonated strongly, emphasizing the critical role of proactive engagement in shaping a brighter future for Canada and the world. Big on words, short on solutions.

To address the growing issue of more Canadian households living paycheque to paycheque, policymakers should consider implementing measures such as increasing the minimum wage to reflect the rising cost of living, providing tax incentives for saving and investing (instead of just raising revenue to try to pay for the massive deficits the Liberal federal government has been running for years) and offering real affordable housing options. Additionally, financial education programs should be integrated into school curriculums to improve financial literacy from a young age. By taking these steps, policymakers can help alleviate the financial burden on Canadian households and promote a more sustainable and secure financial future for all citizens.

Paycheque to Paycheque FAQs

Why are so many Canadians living paycheque to paycheque?

Many Canadians are living paycheque to paycheque due to the rising cost of living, stagnant wages, and high levels of debt.

What lifestyle changes can help alleviate end-of-month stress for those living paycheque to paycheque?

Some lifestyle changes that can help include cutting back on unnecessary expenses, meal planning to reduce food costs, and finding ways to increase income through side hustles or part-time work.

How can budgeting techniques help those living paycheque to paycheque?

One can enhance their financial management skills and effectively allocate their funds by employing various budgeting strategies. Techniques, such as formulating a monthly budget, meticulously monitoring expenses, and establishing financial objectives, enable individuals to gain better control over their finances and effectively prioritize their expenditures.

What are some ways to increase income for those living paycheque to paycheque?

Increasing income can be achieved through finding a higher-paying job, taking on freelance work, selling unused items, or investing in education or skills training to enhance career opportunities.

How can managing debt be a challenge for those living paycheque to paycheque?

Managing debt can be challenging for individuals living paycheque to paycheque as it can be difficult to make regular payments and reduce debt while also covering essential living expenses. Finding ways to lower interest rates, consolidate debt, or seek financial counselling can help in managing debt effectively.

Paycheque to Paycheque Conclusion

We must address the stark reality of Canadian households living paycheque to paycheque. The disconnect between the Bank of Canada’s perception and the lived experiences of everyday Canadians demands urgent attention. To alleviate the financial burdens and “savings guilt” faced by many, a call to action for improved economic policies is essential. By implementing targeted measures that address income disparities, rising costs of living, and promoting financial literacy, we can pave the way for a more financially secure future for all Canadians. It is time for policymakers to prioritize the well-being of their citizens and enact meaningful change.

I hope you have enjoyed this paycheque to paycheque Brandon’s Blog. Do you or your company have too much debt? Are you or your company in need of financial restructuring? The financial restructuring process is complex. The Ira Smith Team understands how to do a complex restructuring. However, more importantly, we understand the needs of the entrepreneur or the person who has too much personal debt.

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

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

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

Brandon Blog Post

DEBTS SOLUTION: STRATEGIES TO DODGE CORRUPT DEBT RELIEF SCAMS

Post author By Brandon Smith
Post date February 12, 2024

debts solution

Debts Solution: Introduction

Facing soaring expenses in housing, groceries, and fuel, Canadians grapple with amplified financial strains. The mounting necessity for a debts solution burgeons as debt problems and insolvencies surge. Seeking expert guidance becomes pivotal, steering clear of pitfalls entwined in deceptive debt relief enticements posing as saviours.

In this Brandon’s Blog, I provide insights on mitigating exposure to these cunning ploys by discussing the common warning signs that are prevalent with a debt help scammer. Unearth methods to shield you from the clutches of debt relief scams. Acquire proficiency in detecting warning signals, discerning credible services, and fortifying yourself against deceitful machinations. Delve into tangible scenarios and preemptive strategies to navigate the labyrinthine terrain of a possible debts solution, safely and securely.

Debts Solution: Recognizing Debt Relief Scams

Navigating through debt’s labyrinth often induces immense stress and a sense of being inundated, prompting many individuals to seek solace in debt alleviation initiatives. Yet, exercising prudence and vigilance within this sphere holds paramount significance. Within this industry, deceptive stratagems loom from for-profit debt settlement companies, preying on the susceptible, and exacerbating their financial woes. Deciphering these deceitful maneuvers becomes pivotal; doing so empowers you to shield yourself and judiciously discern the avenues for debt alleviation at your disposal.

*Debts Solution: Scammers often ask for upfront fees and make unrealistic promises***

Identifying a potential debt relief company scam often hinges on a prominent signal: the insistence on upfront fees by the entity or individual. Authentic debt relief programs typically levy charges solely after achieving a triumphant negotiation or formulation of a repayment strategy. Conversely, imposters brazenly demand payment in advance, vanishing into thin air without rendering any tangible aid.

Moreover, these malevolent actors might peddle unattainable assurances regarding debt eradication or swift resolution of financial problems. It’s imperative to grasp that an overnight miraculous debt dissolution remains an illusory prospect. Legitimate debt mitigation ventures engage in protracted negotiations with creditors, aiming for diminished interest rates or modified payment schemes. This, however, demands time and harmonious collaboration among all involved stakeholders.

When scrutinizing a debt relief initiative, exercise caution toward those espousing immediate or fanciful outcomes. Reputable entities furnish pragmatic prognoses, collaborating with you to sculpt a sustainable blueprint for enduring financial balance and security while providing you with lasting strategies to continually improve your financial situation.

*Debts Solution: Beware of anyone who advises you to stop communicating with and paying your creditors***

A conspicuous red flag signalling potential deceit in a debt relief scheme emerges when the program advocates severing communication and payments with your creditors. While succumbing to the allure of dodging creditor calls and missives may seem appealing, sidestepping dialogue can exacerbate your predicament.

Genuine debt mitigation programs engage in dialogue with your creditors, endeavouring to forge fresh payment terms or negotiate reduced settlements. They champion transparent communication and harmonious collaboration among all stakeholders. Conversely, swindlers might counsel total cessation of contact with creditors, precipitating escalated interest, penalties, and even legal ramifications.

Should a debt relief program advocate complete cessation of creditor payments, it unequivocally betrays your best interests. Upholding your financial commitments to the best of your capacity remains crucial while charting a course toward resolution via a reputable, trustworthy debts solution avenue.

In the digital age, debt relief frauds have actually discovered their way onto various online platforms. Debt settlement firm fraudsters might connect to you with social media sites, text, or email, encouraging quick and very easy services to your financial obligation troubles.

If you obtain unwanted messages from unidentified sources offering debt settlement solutions, use caution. Reputable debt relief programs typically do not participate in hostile or unsolicited advertising and marketing tactics. It is necessary to do your research study and thoroughly vet any type of company before giving them personal information or agreeing to work with them.

When researching debt settlement choices online, be sure to verify the firm’s credentials and try to find reviews and testimonies from other customers. In addition, inspect if the firm is associated with any reliable industry organizations or if they have any accreditations that demonstrate their competence and trustworthiness.

debts solution

*Debts Solution: Seeking Professional Help***

Seeking adept guidance from recognized experts in managing your finances and addressing debt problems is a prudent choice. Licensed insolvency trustees emerge as specialists adept in aiding individuals and companies to restructure their way through financial quagmires. Their realm encompasses proffering no-cost initial consultations, delving into your fiscal panorama, dispensing counsel, and facilitating the exploration of diverse avenues in debt management.

The following are 3 legitimate options to consider in solving debt problems. In fact, the debts solution scammers, after sucking as much money out of you as they can, then introduce you to a licensed insolvency trustee to execute one of the below options. Why not avoid the middleman debts solution scammer? All of the “services” they provide, for which they charge you thousands of dollars, you can get from a licensed insolvency trustee during the initial no-cost consultation.

Here are 3 legitimate debt relief options for anyone looking for a debts solution:

*Debts Solution: Debt Management Plan***

A structured repayment scheme, a debt management plan, proves instrumental in efficaciously steering individuals through their debt labyrinth. Collaborating with a licensed insolvency trustee ensures in tailoring a blueprint attuned to your distinct fiscal landscape. Herein, regular remittances through a payment schedule are made to the trustee to find dispersion among your creditors under their auspices.

The virtues of a debt management plan abound. Primarily, it amalgamates your debts into a singular monthly payment, streamlining financial oversight. Coupled with this, it commonly encompasses a diminished interest rate, harbouring potential savings in the long haul. Furthermore, active participation in such a plan potentially serves as a conduit for the reconstruction of your credit score, contingent upon consistent and punctual payments.

*Debts Solution: Consumer Proposal***

Should your financial circumstances veer toward a more severe terrain, contemplating the avenue of a consumer proposal emerges as a viable debts solution recourse. It constitutes a binding accord, ensconced in legality, forged between you and your creditors, shepherded by a licensed insolvency trustee. It is the only approved debt settlement government program. In a consumer proposal, your trustee takes over all communication with creditors, freeing you of this burden.

Within this framework, you proffer a proposal to reimburse a segment of your unsecured debts over a stipulated timeframe, commonly spanning five years. This offer is grounded in your reasonable capacity and only requires you to pay a portion of the total indebtedness. Upon acceptance by your creditors, monthly disbursements to the trustee ensue, who, in turn, channels these funds to your creditors. After completing your total set of monthly payments, your entire debt is wiped out.

The merits of opting for a consumer proposal are many. Firstly, it furnishes immediate shielding against collection calls, wage garnishments and legal action reprisals instigated by your creditors. Simultaneously, it facilitates a reduction in your cumulative debt burden, given that the repayment amounts to less than the owed sum. Additionally, resorting to a consumer proposal carries less weight than declaring bankruptcy, exerting a comparably milder impact on your credit standing.

*Debts Solution: Bankruptcy as a Last Resort***

As a final debts solution recourse, bankruptcy emerges as a potential remedy for individuals ensnared in insurmountable debt with no viable alternatives. This legal recourse orchestrates a fresh start by absolving a significant portion of debts, facilitating a reboot of one’s financial trajectory and life.

However, navigating the terrain of bankruptcy demands judicious consideration, given its weighty repercussions. The enduring impact on your creditworthiness, spanning multiple years, can pose hurdles in securing future credit. Furthermore, the liquidation of certain assets to reimburse creditors and potential constraints on professional accreditation warrant conscientious contemplation in discussion with a licensed insolvency trustee.

Prudent counsel from a licensed insolvency trustee assumes paramount significance before delving into bankruptcy. Our expertise enables a comprehensive no-cost evaluation of your circumstances, guiding you toward the most fitting pathway forward.

Credit counseling is an important aspect of any service provided by a licensed insolvency trustee.

*Debts Solution: Protecting Yourself from Fake Loan Scams***

Many times debts solution scammers combine a mandatory loan program with their debt relief package. Here are some tips on how to avoid being a victim of these loan program scams.

Be cautious of deals that require payment upfront or appear too good to be real

A substantial indicator of a spurious finance scam materializes when the lender needs payment before finalizing the loan. That is what a bogus debt relief company does or arranges for you. Reputable companies who lend money typically deduct any type of fees or expenditures from the loan itself, avoiding any kind of in-advance payment. Furthermore, lenders that appear excessively beneficial are commonly deceptive. Fraudsters often attract people with implausibly low-interest rates or guarantees of assured loan authorizations, departing from the reasonable standards of the lending world.

Phony lending rip-offs assure loans even with a negative credit history yet never provide the loan

If you have a negative credit rating, scammers may attempt to take advantage of your scenario by encouraging loans without credit history checks or with assured authorizations. Nonetheless, genuine lending institutions always analyze the creditworthiness of a borrower before approving a loan. If a lender is not interested in your credit rating and claims to supply financing to any individual despite their credit rating, it is likely a fake funding fraud. Remember, no lender can ensure funding without appropriate analysis.

Stay clear of offering individual or financial details to unidentified sources

Protecting your personal and financial info is vital in the electronic age. Fraudsters may pose as loan providers and demand sensitive info, such as your social insurance number, bank account details, or driver’s certificate information. Never offer such information to unknown sources or through unknown sites or channels. Genuine lenders will have protected systems in position to secure your data, and they will not ask for unnecessary individual or financial information.

debts solution

*Debts Solution: Conclusion***

Getting specialist support from a licensed insolvency trustee is essential in working through the details of your financial debt and money obstacles. Licensed insolvency trustees stand as important wellsprings, supplying invaluable advice, support, and strength for you to navigate the puzzle of economic problems. Whether designing a debt management plan approach or considering a consumer proposal, embarking on these paths alongside a seasoned specialist will let you recover your authority over your entire life. It minimizes the difficult anxiety you have carried and moulds a course towards a much more positive financial destiny.

I hope you enjoyed this debts solution Brandon’s Blog. If you’re struggling with managing your overwhelming debt, don’t worry – there are some things you can do to take control of the situation. It is not your fault you can’t fix this problem on your own and it does not mean that you are a bad person.

First, it’s important to create a realistic budget and track your expenses. From there, you can prioritize your debt repayment and make consistent payments to chip away at what you owe. It’s also a good idea to seek professional financial advice to help guide you through the process. Just remember, managing debt is a gradual process that requires commitment and determination, but you can do it! So don’t hesitate to reach out for help from financial professionals.

Individuals and business owners must take proactive measures to address financial difficulties and promptly seek assistance when necessary. It is crucial to recognize that financial stress is a prevalent concern and seeking help is a demonstration of fortitude, rather than vulnerability. Should you encounter challenges in managing your finances and find yourself burdened by stress, do not delay in pursuing aid.

Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses with debt problems that are in financial distress. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind.

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

The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team uses innovative and cutting-edge methodologies, to adeptly navigate you through the intricacies of your financial challenges, ensuring a resolution to your debt-related predicaments without resorting to the rigours of the bankruptcy process. We can get you debt relief now!

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

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

The Ira Smith Trustee & Receiver Inc. team understands that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

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

picture of man deep in debt going over a contract to hire a debts solution settlement company — *debts solution*

Tags Bankruptcy, Consumer Proposal, credit counseling, credit score, debt help, debt management plan, debt relief company, debt relief program, debt relief scams, debt relief service, debt settlement, debt settlement company, debts solution, government program, Ira Smith Trustee, legitimate debt relief options, monthly payments, payment schedule

Brandon Blog Post

INSOLVENCY TRUSTEE: TURNS OUT CERTAIN ACTIONS AGAINST THE TRUSTEE CANNOT BE UNLEASHED WITHOUT COURT PERMISSION

Post author By Brandon Smith
Post date July 18, 2022

What does an insolvency trustee do?

In simple terms, the only professional who can help you with a government-regulated insolvency proceeding that may allow you to be discharged from your debt is an insolvency trustee. This may be the best solution for individuals with significant financial difficulties.

An insolvency trustee is responsible for carrying out the administration of an insolvency file in accordance with the requirements of the Bankruptcy and Insolvency Act (Canada) (BIA). The insolvency trustee is responsible for ensuring that both creditors and the public interest are protected during the debt relief options of bankruptcy, consumer proposal, or Division I proposal process. This includes ensuring that assets are properly managed, sold and the cash distributed and that the bankruptcy or insolvency process is carried out in a fair and orderly manner.

A licensed insolvency trustee is federally regulated

The Office of the Superintendent of Bankruptcy (OSB) licenses and provides ongoing oversight for insolvency trustees, who must adhere to federal standards of practice, including the Code of Ethics for Trustees.

If you have a problem with a licensed insolvency trustee (formerly called a bankruptcy trustee) that you can’t solve, you can file a complaint with the OSB. Your complaint will be reviewed and assessed. You may even want to consider taking legal action against the insolvency trustee if your situation is extreme.

Section 215 of the BIA states:

“Except by leave of the court, no action lies against the Superintendent, an official receiver, an interim receiver or a trustee with respect to any report made under, or any action taken pursuant to, this Act.”

The BIA recognizes that a party may have a legitimate grievance against an insolvency trustee for something that was done or not done during a bankruptcy administration. The BIA tries to balance the need to protect legitimate claims against the Trustee with the need to prevent parties from using the threat of litigation to gain leverage.

insolvency trustee

Who is a person of insolvency?

The above is an introduction to today’s insolvency trustee Brandon’s Blog. In June of last year, I wrote about this bankrupt person in the blog TRUSTEE IN BANKRUPTCY: CERTAIN ACTIONS AGAINST TRUSTEE CAN BE UNLEASHED WITHOUT FIRST REQUIRING COURT PERMISSION. That Brandon Blog dealt with a decision of the Ontario Superior Court of Justice.

The person of this insolvency was a serial bankrupt, filing bankruptcy four times in 12 years: 2004, 2006, 2011, and 2016. Each time he used the same insolvency trustee. He operated a sole proprietorship painting business. So technically, each time he went bankrupt, a new sole proprietorship began.

The plaintiff alleges that the licensed insolvency trustee (LIT) was negligent, committed fraud, breached their fiduciary duty, and was unjustly enriched, starting with the confidential consultation and throughout each personal bankruptcy administration. The bankrupt discovered during his 4th bankruptcy that his former spouse had misappropriated substantial sums from his business between 2003 and 2018. Ultimately, he determined that the amount of the misappropriations was approximately $206,000.

The bankrupt’s fourth bankruptcy was annulled by filing a consumer proposal with a different insolvency trustee that was accepted by his creditors. He and his current spouse then commenced an action not against the corporate licensed insolvency trustee of record who handled all four bankruptcies, but rather against the person, who is a licensed insolvency trustee, who carried out the individual bankruptcy processes.

The bankrupt person and his new spouse are seeking relief against the individual as though he were the Trustee of record. The central allegation is that he, as the “Licensed Insolvency Trustee” providing bankruptcy services for each of the bankruptcies, ought to have detected the misappropriations and, once told about them, he should have sued the former spouse. So they are blaming the Trustee for the bankrupt businesses with debt problems!

The plaintiff went to court to determine whether they needed the court’s permission to proceed with their case under section 215 of the BIA against the bankrupt person’s insolvency trustee. The plaintiff believed they did not need permission, but if they did, they should be granted it. The defendant Trustee argued that permission was needed and should not be granted. The judge ruled that the plaintiff does not need to get permission from the court to start this legal process.

Insolvency trustee appeals lower court decision

On July 13, 2022, the Court of Appeal for Ontario released its decision of the three appellate judge panel on the insolvency trustee‘s appeal of the lower court decision. The OSB obtained intervener status and was represented by legal counsel on the appeal. The OSB supported the insolvency trustee‘s position.

The motion judge, sitting in the bankruptcy court, determined that permission was not required under s. 215 to commence the legal action. However, she expressly did not determine whether, if permission were required, it should be granted. Therefore, she did not address whether the person’s status as an undischarged bankrupt would impact the decision.

The motion judge found that the litigation did not require permission under section 215 for two reasons:

she believed that actions against trustees in their personal capacity do not require permission; and
she found that actions that allege omissions do not require such permission.

Is the appeal as of right, and if not, should leave to appeal be granted?

The Court of Appeal for Ontario first had to decide if the licensed insolvency trustee has an automatic right to appeal the lower court decision and if not, should leave to appeal be granted?

The appellate court stated that it would be willing to grant leave to appeal because the proposed appeal, falls within the proper scope of section 215 of the BIA for 3 reasons:

This case raises an important issue – the circumstances in which an insolvency trustee can be sued without leave of the court – that is of general importance to the practice in bankruptcy/insolvency matters.
The case is prima facie meritorious.
The appeal would not unduly hinder the progress of the person’s bankruptcy proceedings.

The Court of Appeal for Ontario, therefore, gave the Trustee the opportunity to appeal the lower court’s decision.

Insolvency trustees and bankrupts are obliged to work with the court

The lower court found that the action did not require leave under section 215 of the BIA. This is because the judge decided it was against the Trustee in a personal capacity. The Trustee was now appealing this decision. The Trustee argued that section 215 of the BIA applies when a director, officer, or employee of the corporate trustee is sued for the Trustee’s conduct, just as it would if the corporate trustee were sued. The appellate court agreed, relying on a decision from the Supreme Court of British Columbia.

The purpose of BIA section 215 is to ensure that the bankruptcy process is not obstructed by the Trustee being hindered by actual or threatened vexatious lawsuits in connection with the administration of the bankruptcy.

In Canada, most licensed insolvency trustees are corporations. The BIA imposes numerous duties on them. A corporate entity can only discharge its duties through its directors, officers and employees. If the scope of section 215 were limited to protecting only the corporate trustee, then Trustees would be unable to properly carry out their duties.

The Court of Appeal for Ontario in this cased determined that this type of distinction between the corporate trustee and its staff would contravene the clearly expressed will of Parliament as evidenced by the statutory language. To allow such would be to subvert the fundamental purpose of section 215.

The key question in determining whether s. 215 applies is whether the connection contemplated by the section is present. This question is answered by examining the relationship between the alleged wrongdoing complained of in the Action and the role of a trustee. The appellate court looked at the proposed action by the bankrupt person and his current spouse and saw that there was the required connection. Therefore the Court of Appeal for Ontario agreed with the position of the Trustee and the intervener in finding that section 215 does apply in this case.

The other reason the motion judge came to her conclusion was that the action also alleged omissions. The lower court judge determined that a claim for omissions is not covered by section 215. The appellants and the intervener argued that action may fall outside of section 215 only when the crux of the action is the failure to do something expressly and specifically required by the BIA.

The common law claims here arise from alleged failures to act, rather than from failures to do something specifically and expressly required by the BIA. The Court of Appeal believes that section 215 applies to this action, and the motion judge was incorrect in concluding otherwise.

The Court of Appeal for Ontario sent this case back down to the bankruptcy court to decide whether the former bankrupt and his current wife should be allowed to sue the Trustee. insolvency trustee

What you need to know about LITs

Neither myself nor my firm has any kind of involvement in this issue. I have not read any of the pleadings in this action. I wish to be clear with you and let you know, based only on the information available to the public from the court decisions, what I would certainly have done in carrying out the personal bankruptcies if I was the Trustee.

If you’re experiencing financial difficulties and are considering insolvency, the first step is to consult with an insolvency trustee. During this consultation, the Trustee will collect information about your financial affairs and make recommendations about the best course of action for you.

The individual conducting the assessment must inquire about the debtor’s property and financial affairs. They shall prepare a statement of the debtor’s financial affairs, including their assets and liabilities, based on the information obtained from the debtor.

It is also necessary to get a clear and up-to-date monthly income and expenditure statement, which details all income (gross and net), all expenditures (including special needs, alimony, support or maintenance payments, and medical and prescription expenses). The debtor must also be prompted to provide information on all transfers under value they may have made concerning their assets.

There are a few options available to debtors who are struggling financially and looking to improve their financial situation. These debt relief programs include:

non-legislative debt solutions such as debt consolidation or financial counselling sessions performed by credit counselling agencies (insolvency trustees must provide two mandatory credit counselling sessions with the debtor as part of either a proposal or bankruptcy);
consumer proposals under Division II of the BIA;
a proposal under Division I of the BIA for those that do not qualify for a consumer proposal; and
as a last resort, bankruptcy.

What are the duties of an insolvency trustee?

Each debt management plan option has different rights and responsibilities for both the debtor and the creditors. It’s important for the debtor to understand all of the available debt management solutions. I would discuss each one with the debtor and help them choose the one that would be the best for their individual situation. In this particular case, I would want to drill down with the debtor to have him identify the causes of their insolvency. This inevitably would lead to a discussion with this debtor as to why his business seems to be losing so much money every year.

In order to fulfill my duties, I would want to drill down with the debtor to have him identify the causes of their insolvency. This inevitably would lead to a discussion with this debtor as to why his business seems to be losing so much money every year. If the debtor had been able to afford the monthly payments for a consumer proposal to annul his fourth bankruptcy using a different Trustee, could he have avoided filing for bankruptcy a fourth time altogether? I don’t have enough information to know the answer to that question.

I am required to review the bankrupt’s banking transactions for the 12 months prior to the date of bankruptcy as a Trustee. I am looking for any large or unusual transactions, especially large amounts of cash being paid to relatives or friends. This is important in bankruptcy proceedings because the Trustee has a duty to keep creditors updated on any legal proceedings, reviewable transactions, and preference payments. The Trustee needs to consider taking action against anyone to recover funds or, at the very least, opposing the bankrupt’s absolute discharge.

This review is only possible if the bankrupt has accurate records. In this case, if the bankrupt had the records and I reviewed them, I would have either found or not found any unusual transactions. If I did the review, it may have uncovered the alleged fraud.

The former bankrupt claims that the insolvency trustee should have sued the former wife for taking cash out of his business fraudulently. As a Trustee, I must first determine whether there are sufficient funds available to do so. If there are funds available, I must then carefully consider whether pursuing legal action is in the best interests of the estate.

This also assumes that the Trustee’s lawyer has given the opinion that this is a strong case to pursue. The Trustee must be very cautious because if the case is lost, the Trustee will be responsible for the other party’s legal costs awarded by the court. If the bankruptcy estate has insufficient funds, the Trustee will be held personally responsible. This is not a desirable outcome.

If I had found evidence of the alleged fraud and I either did not have sufficient funds to launch a legal action or I did not think it was a wise use of estate funds, there is one more thing I could do and would have done.

I would write to all known creditors and the bankrupt to advise that there is a potential asset in the form of litigation against the bankrupt’s former wife. However, the Trustee does not have sufficient assets to begin the litigation and as a result, I must refuse to pursue this asset. I would also explain section 38 of the BIA. This section allows creditors to obtain court approval to pursue legal action in their own name. If successful, they are able to keep their costs and the full amount of their claim from the recovery. This could be a great option for creditors who wish to fund the legal action.

If the facts that come out align with my explanation of the steps I would have taken, then my prediction is that the former bankrupt and his current wife will not be successful in persuading the court to allow them to continue their action against the Trustee. I will keep watch. insolvency trustee

The insolvency trustee is here to help you with your problem debt

I understand that you’re struggling with debt and I’m here to help. I am an insolvency trustee and I want to help you find a way to shed your debt, eliminate your challenging debt issues, improve your financial future and get all that stress and worry out of your life, Starting Over Starting Now.

I hope you found this insolvency trustee Brandon’s Blog interesting. Among the many problems that can arise from having too much debt, you may also find yourself in a situation where bankruptcy seems like a realistic option.

If you are dealing with substantial debt challenges and are concerned that bankruptcy may be your only option, call me. I can provide you with debt help.

You are not to blame for your current situation. You have only been taught the old ways of dealing with financial issues, which are no longer effective.

We’re passionate about permanently solving your financial problems with you and getting you or your company out of debt. We offer innovative services and alternatives, and we’ll work with you to develop a personalized preparation for becoming debt-free which does not include bankruptcy. We are committed to helping everyone obtain the relief and financial wellbeing they need and are worthy of.

You are under a lot of pressure. We understand how uncomfortable you are. We will assess your entire situation and develop a new, custom approach that is tailored to you and your specific financial and emotional problems. We will take the burden off of your shoulders and clear away the dark cloud hanging over you. We will design a debt settlement strategy for you. We know that we can help you now.

We realize that people and businesses in financial difficulty need practical advice and a workable solution in an easy-to-understand financial plan. The Ira Smith Team knows that not everyone has to file for bankruptcy in Canada. Most of our clients never do, as we are familiar with alternatives to bankruptcy. We assist many people in finding the relief they need.

Call or email us. We can tailor a new debt restructuring procedure specifically for you, based on your unique economic situation and needs. If any of this sounds familiar to you and you’re serious about finding a solution, let us know.

Call us now for a no-cost initial consultation.

Tags bankruptcy canada, bankruptcy proceedings, bankruptcy trustee, Consumer Proposal, credit counselling, debt consolidation, debt management, debt settlement, initial consultation, insolvency trustee, insolvency trustee canada, Ira Smith Trustee, licensed insolvency trustee, monthly payments, Office of the Superintendent of Bankruptcy, personal bankruptcy

Brandon Blog Post

BEYOND BANKRUPTCY SERVICES: OUR BEST PERSONAL INSOLVENCY FAQ 2 JUMPSTART YOUR FINANCIAL LIFE

Post author By Brandon Smith
Post date May 16, 2022

Bankruptcy services and FAQ information

Bankruptcy is a last resort for Canadian individuals, entrepreneurs and companies looking for a debt solution. However, bankruptcy services are just one of the available options we canvass with you to provide the opportunity to rebuild your financial affairs and your life.

I help people and senior company management understand bankruptcy and the other options available to rebuild their life. Frankly, bankruptcy is always the last option and hopefully in most cases, can be avoided.

In this Brandon’s Blog, I provide my best FAQ answers to common questions about personal bankruptcy services. The answers below will contain all the information you need to know. So here we go. In the future Brandon’s Blogs, I will talk about corporate bankruptcy services in addition to personal and corporate restructuring as alternatives to bankruptcy services.

Bankruptcy services: Who files for bankruptcy and why?

Many people who are considering looking into the need for the bankruptcy process may feel alone and lost. This is because they may not know anyone who has gone through the same thing, making them feel like they have no one to talk to about it. Bankruptcy can be very scary and intimidating, especially if you feel like you’re the only one experiencing financial difficulties.

Financial problems affect people from all walks of life and all income levels. It doesn’t discriminate, affecting married and single people alike, regardless of age. Seniors and those just starting out in life, consumers and companies are all susceptible to needing bankruptcy services.

The Office of the Superintendent of Bankruptcy Canada (OSB) keeps insolvency statistics. It used to be affiliated with a part of the federal government called Industry Canada. Now it is part of what is called Innovation, Science and Economic Development Canada. The OSB has not yet released the 2021 annual insolvency statistics. In 2020 99,244 insolvencies were filed in Canada. This was a 29.5% decrease in insolvencies filed with the OSB in 2020 compared to 2019. This is the largest annual decrease ever. The decrease can be largely attributed to the outbreak of COVID-19 and the various emergency response measures that followed.

The number of consumers filing for insolvency decreased from 137,178 to 96,458, while the number of businesses filing for insolvency decreased from 3,680 to 2,786. The proportion of proposals among consumer insolvency filings increased from 60.3% to 65.9%.

There are two things to remember from these statistics:

You are not alone. Many people face financial difficulties.
There are options available for avoiding bankruptcy services.
bankruptcy services

Bankruptcy services: Can bankruptcy clear debt in Canada?

Most outstanding debt owed to unsecured creditors is cleared not by a person filing for bankruptcy, but by that person receiving their absolute bankruptcy discharge.

Even after bankruptcy, some debts still need to be paid. This includes a student loan if it has been less than 7 years since you stopped being a student, alimony and child support, fines and penalties imposed by the court, and any debts due to fraud.

Also, any secured debts, such as a registered car loan or mortgage against real estate are not discharged by a bankruptcy – either personal bankruptcy or corporate bankruptcy.

What debts cannot be discharged through personal bankruptcy services in Canada?

See the section “Bankruptcy services: Can bankruptcy clear debt in Canada?” directly above.

Bankruptcy services: How much debt must you accumulate in order to file for bankruptcy in Canada?

The minimum amount of unsecured debt needed to file for bankruptcy in Canada is $1,000, as stipulated by the Bankruptcy and Insolvency Act (Canada) (BIA). In addition, the person, partnership or company must also be insolvent. Bankruptcy is a legal process. Insolvency is a bad financial situation.

Bankruptcy services: What debts are not erased in bankruptcy?

See the section “Bankruptcy services: Can bankruptcy clear debt in Canada?” directly above.

bankruptcy services

Bankruptcy services: What are the three types of bankruptcies?

There are several ways I could answer that question. For example, there are:

Personal bankruptcy is also sometimes referred to as consumer bankruptcy.
Small business bankruptcy. This would mainly be for a proprietorship or partnership.
Corporate bankruptcy – small or large companies.

Another way of answering the same question would be:

Voluntary bankruptcy – an assignment in bankruptcy being filed by the person or company.
Involuntary bankruptcy – a bankruptcy happening because one or more creditors issued a bankruptcy application resulting in a bankruptcy order.
Bankruptcy protection is not bankruptcy at all. It is a financial restructuring performed by a licensed insolvency trustee. The Office of the Superintendent of Bankruptcy Canada maintains a searchable list of individuals licensed to act as a licensed insolvency trustee in Canada.

My final way of answering the same question is:

Consumer proposal – This is a financial restructuring under the BIA to avoid bankruptcy for a person who owes $250,000 or less not including any debts secured against the person’s principal residence.
Proposal – This is a financial restructuring under the BIA to avoid bankruptcy for a person who owes more than $250,000 (not including any debts secured against the person’s principal residence) or for a company with any amount of debt.
Financial restructuring under the Companies’ Creditors Arrangement Act – This is what the media calls bankruptcy protection in order to restructure and avoid bankruptcy. To qualify to file under the Companies’ Creditors Arrangement Act statute, the company must have a debt load of $5 million or more.

All of the above bankruptcy services can only be administered by a licensed insolvency trustee (formerly called a bankruptcy trustee or trustee in bankruptcy), but they are not all bankruptcy.

I guess these are really 9 types!! It all depends on how you wish to look at it.

Bankruptcy services: What are the consequences for your assets when declaring bankruptcy?

A bankruptcy does not mean you have to give up all your assets. There are rules about bankruptcy exemptions in bankruptcy law. Also, every province/territory has laws that say what assets you can keep and how much equity you can have. These types of assets are called exempt assets. There are certain assets that you are allowed to keep that are not accessible to your creditors during a bankruptcy. These assets are exempt under federal law, provincial law or both.

In order to understand what exempt assets are in bankruptcy in Ontario, we must first look at the BIA. Section 67(1) of the BIA addresses the bankruptcy exemption issue specifically. It outlines what property of the bankrupt is available to creditors does and does not include.

Property that is not included is:

Property that is held in trust by the bankrupt for any third party.
Assets that are not subject to seizure under provincial law.
Payments to the bankrupt are made under a program that can be described as social assistance provided by the federal or provincial government.
Retirement Savings Plans – The bankrupt’s RRSP (other than for the total of payments made in the 12 months before bankruptcy) or RRIF cannot be touched even in bankruptcy.

As mentioned before, one type of asset that cannot be seized during bankruptcy is any property that is protected under provincial law. In Ontario, the amounts prescribed for exemptions are outlined in the Ontario Execution Act.

These exemptions include:

Household furnishings and household appliances – $14,180.
Tools and other personal property used to generate income:
Exemptions for farmers, being a debtor engaged exclusively in cultivating the soil or farming (and therefore it is that farmer’s principal source of primary income), $31,379 for livestock, fowl, bees, books, tools and implements, and other chattels ordinarily used by the debtor; $14,405 for any other case.
$7,117 for a motor vehicle.
$10, 783 for a principal residence.

Since these exemptions are provincial, you need to look at provincial/territorial laws for other jurisdictions in Canada.

bankruptcy services

Bankruptcy services: What are the implications of personal bankruptcy on retirement plans?

There are 4 main ways Canadians save to live comfortably in retirement. They are:

The principal residence.
RRSP..
Investments.
Private pension plan.

#1 – The principal residence and bankruptcy

For many Canadians, their house is the biggest investment they make and the majority of their savings are tied up in it. Owning a home makes people more confident about their financial future.

If the owner of a home becomes bankrupt, either through an assignment in bankruptcy or bankruptcy order, the debtor’s equity in the home is an asset for the licensed insolvency trustee to sell. The exception is if the home is fully encumbered so that there is only $10,783 or less of equity (in Ontario) in the home.

If the bankrupt is a joint owner, then the Trustee only has access to the bankrupt’s interest, which would be half the equity.

The loss of wealth from the sale of the house or the encumbrance of the house will make it take much longer to build back the equity by paying off the mortgage(s). In the case of joint ownership, the natural purchaser would be the non-bankrupt spouse or partner who owns the other half. The person would likely have to take on more debt to buy the equity from the Trustee.

The loss of wealth as a result of bankruptcy can mean having to work longer than originally planned. This is one way that bankruptcy can affect retirement.

#2 – Your RRSP and bankruptcy

It is the rare debtor that seeks an insolvency option and has a significant amount in their RRSP. This is notwithstanding that a creditor cannot seize your RRSP funds in Ontario.

If you think about it, if you have a 7-figure RRSP and a 6-figure total debt, then you are not insolvent. To be eligible to use the Canadian insolvency process, you must meet certain conditions, one of which is being insolvent.

The only amount of your RRSP that is affected by bankruptcy is any contributions made to the RRSP in the 12 months before the bankruptcy happened. That amount is subject to seizure by your Trustee. Rather than seizing that amount from your RRSP, the Trustee will require you to pay that amount to the Trustee for the benefit of your bankruptcy estate.

Not having a sizeable RRSP to start withdrawing at retirement obviously will affect your retirement plans.

#3 – Bankruptcy and investments

People who are able to save for retirement invest their money to make it grow in addition to an RRSP and principal residence. Investments such as stocks, bonds and mutual funds are very typical. There are two general ways these investments can be held: (i) investment in funds maintained by a life insurance company naming a designated beneficiary (either a spouse or blood relative); and (ii) investments held with your broker.

If you have investments through a contract of insurance and you name your spouse, child, parent, or grandchild as the beneficiary, then those investments are exempt from seizure in Ontario. If you file an assignment in bankruptcy will not have any effect on these investments, and you will be able to keep them. Therefore, this will not affect your retirement plans.

If your investments are through the brokerage arm of your bank, then your investments can be seized in Ontario. These investments will be lost in your bankruptcy and this will affect your retirement plans. If your spouse or partner purchases your interest in these investments from the Trustee, then whatever debt the purchaser had to take on to buy them may affect retirement plans.

#4 – Bankruptcy and a private pension plan

Not everyone in Canada has a private pension plan through their employer. Individuals who are self-employed certainly don’t have it. Having a private pension plan can relieve some of a person’s financial worries as they head toward retirement.

In Ontario, private pensions are protected from seizure and therefore not available for the Trustee. However, if you are already retired and are receiving the private pension income, that income is taken into account when calculating any surplus income payments you may have to make to your Trustee.

bankruptcy services

How bankruptcy services work in Ontario: What is the average length of time for a person to be discharged from bankruptcy in Canada?

To be discharged from bankruptcy in Canada can differ based on whether it is a first or second bankruptcy, and whether the bankrupt has any surplus income contributions to make. For a first-time bankrupt it can take 9 months (no surplus income) -21 months (with surplus income contributions). For a second time or more bankruptcy, it takes 24 months (no surplus income) to 36 months (surplus income).

Bankruptcy services: Surplus income

Surplus income is not an ideal term to describe the extra money an individual has. Many people would not feel they have surplus income, especially when they are dealing with debt. However, in the bankruptcy context, surplus income refers to a calculation that determines how much money a bankrupt individual must pay into their bankruptcy estate for the benefit of their creditors.

When you file an assignment in bankruptcy or have a bankruptcy order made against you in Canada, your monthly income is taken into consideration. To have what is supposed to be a practical standard of living during the bankruptcy period, the Office of the Superintendent of Bankruptcy Canada establishes a standard on an annual basis.

The earnings criteria are adjusted for inflation each year and based on information collected by Statistics Canada. Your licensed insolvency trustee decides how much you pay by making monthly payments into your bankruptcy estate each month based on these standards.

It is really the Canadian poverty line that is established by the Office of the Superintendent of Bankruptcy Canada. Regardless of where you reside in Canada, there is no difference between an expensive city as well as a remote area. Just the most fundamental demands of individuals in addition to members of the family are considered.

Bankruptcy services: Debt problems got you down? Feeling overwhelmed?

I hope this Brandon’s Blog on personal bankruptcy services was helpful to you in understanding more about the personal bankruptcy system in Canada.

If you or your company has too heavy a debt load, we understand how you feel. You’re stressed out and anxious because you can’t fix your or your company’s financial situation on your own. But don’t worry. As a government-licensed insolvency professional firm, we can help you get your personal or corporate finances back on track.

If you’re struggling with money problems, call the Ira Smith Team today. We’ll work with you to develop a personalized plan to get you back on track and stress-free, all while avoiding the bankruptcy process if at all possible.

Call us today and get back on the path to a healthy stress-free life.

Brandon Blog Post

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

Post author By Brandon Smith
Post date March 21, 2022

what does a licensed insolvency trustee do

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

These include:

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

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

what does a licensed insolvency trustee do

What does a licensed insolvency trustee do?: Final thoughts

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

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

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

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

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

Call us now for a free consultation.

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

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Brandon Blog Post

THE HOUSEHOLD DEBT-TO-INCOME RATIO: HOW COVID-19 CHANGED THIS 1 SIMPLE EFFECTIVE MEASURE

Post author By Brandon Smith
Post date March 14, 2022

We hope that you and your family are safe, healthy, and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Household debt-to-income ratio: Understanding the debt-to-income (DTI) ratio

Your household debt-to-income ratio indicates how much of your gross monthly income goes toward paying off your debt. In order to find your DTI ratio of household debt percentage, multiply the result by 100. The debt-to-income (DTI) ratio is a measure of how much income a person or organization generates in order to service household credit market debt.

Based on income, the household debt-to-income ratio, or as it is also called, the household debt service ratio, measures a family’s ability to pay monthly debt obligations. Divide the monthly debt obligations by the gross income to calculate the DTI ratio.

When considering a mortgage or loan, the household debt-to-income ratio is a critical metric. You may find it more difficult to get a mortgage if your household debt-to-income ratio is high, or you may end up getting smaller loan approval. Your household debt-to-income ratio is calculated using your income, debt, and credit (mortgage) accounts.

I wrote a blog almost one year ago on the Canadian household debt-to-income ratio at that time. At the time of the COVID-19 pandemic, I discussed what happened to the household debt of Canadians.

I provide an update one year after discussing a recent report by Statistics Canada about the household debt-to-income ratio in Canada during the fourth quarter of 2021.

Household debt-to-income ratio: Debt-to-income ratio example

Here is an easy-to-understand example. Sally is looking to get a loan and is trying to figure out her household debt-to-income ratio. Sally’s monthly bills and income are as follows:

monthly mortgage debt payment (P+I): $1,000
monthly auto loan payments: $500
credit card debt monthly payment: $500
household gross monthly income: $6,000
Sally’s total monthly debt payment is $2,000:
Sally’s household debt service ratio is 0.33:
0.33 x 100 = In other words, Sally has a 33% household debt-to-income ratio.

Household debt-to-income ratio: Pre-pandemic debt pressures

Prior to the pandemic, household debt Canadians carried increased steadily. During the last decade, more and more Canadian homes carried debt. Canadian household debt-to-income ratio was 150% in 2012, according to Statistics Canada.

In other words, the increase in debt was rising at a rate of $1.50 for every dollar of income. A DTI ratio of 175.4% was reached in the first quarter of 2020. Before the pandemic, Statistics Canada estimates the household debt-to-income ratio was 181.1 percent.

Debt increases can negatively affect a household’s bottom line, and the larger the debt, the greater the negative impact.

The impact of COVID-19 on the household debt-to-income ratio in 2020: The temporary income boom of 2020 supported Canada’s household debt.

Even if the federal and provincial government financial income support payments given to Canadians through the COVID-19 Economic Response Plan aren’t considered an income surge, it is an income rise.

Fndings released by Canada Mortgage and Housing Corporation (CMHC) in November 2020 showed that the government assistance did help Canadians cope with their household debt.

In the CMHC report, the following were the key findings in Canada:

By the end of Q2 2020, Canada’s household debt ratio is 17% lower than Q1’s 158%.
Likewise, the home mortgage DTI ratio fell from 115% to 105%.
A rise in household disposable income caused these declines.
The amount of outstanding household debt in Canada did not change.

Canada’s household disposable income increased by almost 11% between Q1 and Q2 of 2020 and by 15% year over year. The extra cash doled out by governments caused this. This new cash in bank accounts was not from greater household savings.

After the government temporarily transferred money to Canadian families, the household debt-to-income ratio declined to the lowest level since 2010.

Household debt-to-income ratio: Uncertainty in household debt during the second wave of COVID-19

During the second wave of the COVID-19 pandemic, the financial situation of Canadians had changed significantly. Especially in the financial real estate industry, the DTI ratio is an indication of financial obligations as a vulnerability.

The Canadian financial institutions stopped deferring mortgage payments at the same time. Even with the then extremely low-interest mortgage rates on mortgage loans, this obviously led to concerns about Canadians’ ability to make their mortgage payments. Other government assistance programs ended.

With the end of government support programs that temporarily boosted monthly household income, Canadians faced uncertainty about how they will be able to carry and pay down their household debt.

In the second quarter of 2021, the household debt-to-income ratio of Canadians decreased in all significant Canadian cities. Normally, such a decline would indicate a general improvement in families’ monthly income, their ability to afford monthly payments and pay off financial debt, be it mortgage debt service or consumer debt such as auto loans and credit card debt service.

Subsidies from the federal government effectively helped households to pay off debt. Canadians were more than likely able to lower their non-mortgage debt during those months. However, the mortgage component of Canadian household debt has increased in the majority of metropolitan areas while employment has decreased.

household debt-to-income ratio

Canada household debt-to-income ratio: What my predictions of financial challenges for 2021 were

I predicted that as the economy recovers from the economic effects of the Coronavirus, Canadians will be facing a great financial challenge. As a result of the COVID19 pandemic crisis, Canada’s economy pretty much stopped.

Many Canadian families have experienced extensive income losses as a result of this. For those who are heavily indebted, this is particularly true. A key concern with regard to financial stability is whether homes can keep up with their financial obligations. A financial crisis may very well befall highly indebted Canadians.

Bank of Canada was concerned about the financial challenges that Canadians will face in 2021. Can Canadian homes withstand the storm? The answer lies with:

household financial health as of February 2020;
the effectiveness of the Canadian Government’s recovery support measures and policy activities; and
the pace of the labour market’s recovery.

As the economy recovers, the Bank of Canada looks at a variety of household debt factors. Those with greater financial vulnerability are of particular concern. Some factors that will cause concern among the Bank of Canada are:

The homeowners with few financial safeguards.
Although it does provide a financial reserve, home equity lines of credit are also associated with increased borrowing.
Will the government’s fiscal policy help support Canadians until incomes recover to pre-pandemic levels or exceed them?
In some cases, unemployment rates may not be a reliable indicator of household revenue losses.

We have entered the first quarter of 2022, so let’s see how the economy and Canadians fared in 2021.

Statistics Canada says household debt-to-income ratio hit a record high in Q4

In the fourth quarter of 2021, household disposable income declined as housing prices, housing costs, and mortgage borrowing rose, according to Statistics Canada. As a percentage of disposable income, financial markets saw that household credit market debt rose to 186.2 percent in the fourth quarter, up from 180.4 percent in the third quarter. Credit market debt accounted for $1.86 of household disposable income for every dollar of disposable income.

Consumer credit market debt rose by 1.9 percent in the fourth quarter, while consumer disposable income decreased by 1.3 percent. Household debt increased by $50.0 billion seasonally adjusted in the fourth quarter. A total of $46.3 billion was attributed to mortgages, while $3.7 billion was attributed to non-mortgage loans.

Household debt service ratios increased in the 2021 4th quarter, measured as total obligated payments of principal and interest on credit market debt as a percentage of disposable income. The ratio stood at 184.7 percent in the third quarter of 2018, and the previous record high was 181.1 percent in the fourth quarter of 2019.

Canada household-debt-to-income ratio summary

I hope you enjoyed this household debt-to-income ratio Brandon Blog post. Are you worried because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option? Call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

The tension put upon you is big. We know your discomfort factors. We will check out your entire situation and design a new approach that is as unique as you and your problems; financial and emotional. We will take the weight off of your shoulders and blow away the dark cloud hanging over you. We will design a debt settlement strategy for you. We know that we can help you now.

We understand that people and businesses facing financial issues need a realistic lifeline. There is no “one solution fits all” method with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. The majority of our clients never do. We help many people and companies stay clear of bankruptcy.

That is why we can establish a new restructuring procedure for paying down debt that will be built just for you. It will be as one-of-a-kind as the economic issues and discomfort you are encountering. If any one of these seems familiar to you and you are serious about getting the solution you need, contact the Ira Smith Trustee & Receiver Inc. group today Call us now for a no-cost consultation We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are remaining safe, healthy and secure during this current pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Brandon Blog Post

BUY NOW PAY LATER IN CANADA: 4 PRACTICAL THINGS TO KNOW BEFORE GETTING A BUY NOW PAY LATER PLAN

Post author By Brandon Smith
Post date January 31, 2022

As the COVID-19 pandemic continues, we hope that you, your family, and your friends are safe, healthy, and secure. Ira Smith Trustee & Receiver Inc. is fully operational, and both Ira and Brandon Smith are readily available for phone or video consultations.

Buy now pay later in Canada plans: Introduction

The holiday shopping season is over. Your bills have arrived. A buy now pay later in Canada program attracted many Canadians. In Canada, people may not realize that they are borrowing money to pay for their purchase when they opt for a buy now pay later in Canada plan. Such a financial product is also known as a BNPL, instalment loan, or retail credit services. A BNPL is a credit product that is best suited for purchases of large-ticket items such as furniture, televisions, and home appliances. This kind of payment option is available both from brick and mortar retailers and for online shopping too.

The buy now pay later in Canada industry is pumping out millions of dollars, as many people rush to buy big-ticket items. However, many people can’t afford to pay for these items, and the buy now pay later in Canada industry is swallowing these people up. We are talking about people who have a bad credit score, unpaid bills, could not pass credit checks and just plain don’t have the money.

In this Brandon Blog, I discuss how for some people a buy now pay later in Canada plan might be too good to be true as there are hidden risks.

buy now pay later in canada

What is a buy now pay later in Canada plan?

The buy now pay later in Canada plan is popular with consumers who don’t qualify for a credit card or other financing, but who would still like to purchase a large item and spread out the payments. Customers can make purchases and pay them back at a future date, often interest-free, using this short-term financing vehicle.

Examples of BNPL agreements include:

an agreement where the purchaser commits to purchase a product or service from the retailer;
the retailer’s agreement with a lender to finance purchases;
the customer’s agreement with a financial service provider which usually specifies:
- The amount of each monthly payment.
- Payment frequency.
- The number of payments.
- Rate of interest. If there is an interest-free period, the rate of interest upon default of making either a monthly payment or paying off the balance on time.
- Any fees.
- The payment method.

Retailers can obtain BNPLs from a variety of financial service providers. This type of financing option is available from financial institutions, such as banks, credit unions, caisses populaires, financing companies and money services businesses, including fintech.

buy now pay later in canada

Buy now pay later in Canada plan: Here are some things to consider before choosing to use one

With a buy now pay later in Canada plan, you can pay for nearly any large household item such as appliances, furniture, a furnace, or a central air conditioning system. BNPLs have their advantages for some people. These plans have the risk of getting you into uncontrollable debt very (very) quickly.

Pros of buy now pay later in Canada plans

Buy now pay later in Canada programs offer consumers some benefits. No fees, no interest, and you know that unlike with a credit card, the full amount of your purchase will not hit you all at once. Retailers bear the fee involved.

A soft credit inquiry is all that is required to approve a buy now, pay later loan. A soft credit check with the major credit bureaus does not impact your credit score. Furthermore, BNPLs have the advantage of being different from traditional layaways. Layaway plans entail making a down payment to the seller and paying a small amount each week for the balance. Only after you have fully paid for the item can you take it out of the store. A BNPL allows you to leave with your item or have it delivered so that you can use it immediately without paying the entire purchase price.

A buy now pay later in Canada plan allows consumers to obtain instant gratification.

Cons of buy now, pay later plans

A BNPL is ideal for those who can make all the payments on time and pay the outstanding balance in full on the due date. It is also good for those who have a steady income and the discipline to make sure the entire amount is paid off at the end of the interest-free period. There are unfortunately more cons than pros to a buy now pay later in Canada plan.

They are:

Depending on your payment history, as well as the policies of the retailer, financial tech companies set limits on the amounts you can defer.
It’s convenient to spread payments out, however, there are fewer protections than if you used a credit card.
BNPL programs also present the risk that those seemingly affordable payments may lead you to splurge.
The BNPL statement is strangely designed. According to one buy now pay later in Canada study, two-thirds of those who fell behind said they simply forgot about the payments, not that they did not have the cash.
In lending, a company wants to make sure the consumer can handle the new account and will be able to repay it. An unpaid buy now, pay later balance will be sent to collections, damaging your credit.
By transforming one big price tag into an array of smaller payments, deferred payment plans in BNPLs lower sticker shock. Impulse spending goes up as a result.
This can lead to a rapid accumulation of debt. You may forget how much you need to set aside for your BNPL payments if you’re not tracking your expenses and budgeting.
Not all BNPLs require regular payments. They instead require the sum to be paid by a certain date in the future (usually 6-12 months from the time of purchase). Notices, reminders, and invoices may not be sent until almost the end of the period. Once the BPNL due date passes, the full sum becomes due, plus interest and late payment charges and fees for missed payments.

Buy now pay later in Canada: 8 Options when you buy now and can’t pay later

During the interest-free period, you can spread out large expenses over a period of time, but you should be ready to pay the full balance by the due date. If you cannot pay off the balance on your account after the interest-free period expires, what are your options? Unemployment or a family emergency may have changed your financial situation due to circumstances beyond your control.

Here are some options you can consider:

Speak with your lender. There may be a financial hardship program that you can utilize, enabling you to get more deferrals and thus more breathing room. Changing the due dates may also be an option.
Take a look at your finances and household budget to see where opportunities exist. Focus on saving money in other areas while prioritizing essentials like housing, food, utilities, and medicine.
Let go of the purchased item. You might be able to return the item to the merchant for a refund. Although some buy now, pay later companies do not refund interest payments, you may be able to get your money back. During the refund process, payments may still be due. Consider selling the item to recoup some of the money if a merchant won’t accept a return. Online marketplaces, apps or websites may help you find a buyer. It’s important to understand the terms before listing an item on an online marketplace since they may take a cut of the sale.
Get a side gig to make money. Increasing your work hours or earning supplemental income through a side job, such as driving for a rideshare company or delivery service, can help you pay down your buy now, pay later debt faster.
Perhaps you can qualify for a debt consolidation personal loan if your credit score is good enough in order to reduce the interest charges on all high-interest rate debts, such as credit card debt. The cash you free up can be used to pay off the BNPL.
Contact a non-profit credit counselling agency for free help. Avoid going to a for-profit debt relief company.
To discuss your realistic options, contact a licensed insolvency trustee for a no-cost consultation.

Buy now pay later in Canada plan: Summary

In summary, you may find that getting a buy now pay later in Canada plan is a good option for you and your financial situation. A buy now pay later plan could help you with those unforeseen expenses, such as when an old furnace breaks down for good. Just make sure you understand everything involved in the buy now pay later plan before signing up, and you can see yourself being able to be debt-free when the interest-free period ends.

I hope you found this buy now pay later in Canada Brandon Blog informative. Although nothing is guaranteed, managing your debt in a way that will allow you to be able to afford it, will lead to your financial success. It will also give you the best shot at having a financially stress-free life.

Are you or your company in financial distress and a debt crisis? Are you embroiled in costly litigation or a crushing debt load and need a time out in order to restructure? Do you not have adequate funds to pay your financial obligations as they come due? Are you worried about what will happen to you? Do you need to search out what your debt relief options and realistic debt relief solutions for your family debt are? Is your company in financial hot water?

Call the Ira Smith Team today. We have decades and generations of experience assisting people looking for life-changing debt solutions through a debt settlement plan and AVOID the bankruptcy process.

As licensed insolvency professionals, we are the only people accredited, acknowledged and supervised by the federal government to provide insolvency advice and to implement approaches to help you remain out of personal bankruptcy while eliminating your debts. A consumer proposal is a Government of Canada-approved debt settlement plan to do that. It is an alternative to bankruptcy. We will help you decide on what is best for you between a consumer 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 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.

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Brandon Blog Post

CONSUMER PROPOSAL STUDENT LOANS STEP-BY-STEP DEBT RESCUE: HOW TO FIX YOUR STUDENT DEBT PROBLEMS

Post author By Brandon Smith
Post date December 13, 2021

consumer proposal student loans

Consumer proposal student loans: Student Loans and Consumer Proposals

In the event of student loan debt, you may be able to eliminate certain student loans through a bankruptcy or consumer proposals. Student loans are given special treatment under the Bankruptcy and Insolvency Act (Canada) (BIA). The seven-year waiting period is a requirement for consumer proposals related to student loans (by the way, the concept is similar in personal bankruptcy).

Throughout this Brandon Blog, when I refer to student loans, I am referring to loans issued under the Canada Student Loans Act, the Canada Student Financial Assistance Act, or any provincial act that provides loans or guarantees for student loans.

I am not talking about any loan debt not meeting this definition. A private loan or a loan from a financial institution that is not covered by the above-noted legislation would be examples, including other loans taken out for professional training.

Consumer proposal student loans: Filing a consumer proposal for student loan debt

In previous posts, I discussed consumer proposals and how they can be used as an alternative to bankruptcy and as a means to negotiate repayment terms of your entire debt with creditors. Canada’s only federally authorized debt settlement program is the consumer proposal. Only licensed insolvency trustees (formerly called bankruptcy trustee) can administer consumer proposal student loans or for any other kind of debt. By using consumer proposals, you can negotiate away the majority or all of your debt in return for making monthly payments for a fraction of that amount and over an extended period of time, not exceeding five years, without incurring any interest. The seven-year rule affects consumer proposal student loans under the student loan legislation.

When you submit a consumer proposal, one of the major benefits is a stay of proceedings, just as in bankruptcy. You will no longer be subject to collection efforts including collection calls, legal action and wage garnishments. Private or financial institution loans taken out while you were a student, not covered by student loan legislation, may be eliminated under the BIA without regard to the seven-year rule. Private student loan debt such as a line of credit or credit card debt incurred while you were a student would be examples.

consumer proposal student loans

Consumer proposal student loans: Think of insolvency waiting periods like a clock with a start date and an end date

In either personal bankruptcy or consumer proposals, student debt is treated differently under government student loan legislation than normal ordinary unsecured consumer debt. The 7-year waiting period is a mandatory waiting period set by the BIA. This is why it is so important.

Student loan debt relief under section 178(1)(g) of the BIA is not available to people who have filed for bankruptcy or a consumer proposal and have not yet ceased to be a full-time or part-time student or who are within 7 years of ceasing to be a full- or part-time student.

A consumer proposal or personal bankruptcy can be filed by insolvents after they stop being full-time or part-time students more than seven years after ceasing to be students. In that case, the student loans debt can either be discharged by bankruptcy or by consumer proposals.

Counting the 7 years may also not be as straightforward as it sounds. In most cases, students take out a series of loans for each year of college or university. Do the 7-year counts take place on a loan-by-loan basis individually, or is it treated collectively? If in doubt, group them together.

The person must consider all three aspects of the calculation in order to do the calculation correctly:

the date the personal bankruptcy or consumer proposal was filed;
When the insolvent person ceased to be a student;
After ceasing to be a full-time student or part-time student, the length of time the person must wait before a consumer proposal student loan compromises the debt or the loan is discharged through an absolute discharge from bankruptcy.

Consumer proposal student loans: Potential “Court-Ordered Discharge” under hardship provision where 5-year waiting period satisfied

Under section 178(1.1) of the BIA, there is a provision that only applies in bankruptcy. It does not apply for consumer proposal student loans. Since we are discussing student loan debt, I would be remiss if I did not mention it.

Under this section, the court can order that the 7-year waiting period does not apply to a bankrupt who has student loan debt under federal or provincial student loan legislation 5 years after ceasing to be a full-time or part-time student. It would then actually be only a five-year waiting period.

Only a five-year waiting period can be allowed by the court if these conditions are met:

the bankrupt acted in good faith in connection with its student loan debt; and
it is likely that the bankrupt will continue to face financial difficulties to such an extent that it is impossible for them to repay their student loan debts.

What does the compulsory waiting period entail? When should we choose between a 7-year and 5-year waiting period? The 7-year waiting period has already been discussed. In determining whether a bankrupt is entitled to the hardship reduction for the lower 5-Year waiting period, the court considers the following factors:

How was the money used? For the purpose, it was borrowed for?
Was the bankrupt honest in his or her attempt to complete the educational program?
Has the bankrupt gained employment in an area directly related to his or her education?
Did the bankrupt make reasonable efforts to make monthly payments or otherwise make student loan payments against the loan or did the bankrupt make an immediate assignment into bankruptcy?
Are there any repayment assistance programs options for student loan debt relief that the bankrupt can take advantage of concerning the outstanding student loans, such as interest relief or loan forgiveness and has the bankrupt applied for such repayment assistance programs?
Did the bankrupt overspend or behave irresponsibly with personal or family finances?
When the loan applications were made, was the person’s disclosure about his or her circumstances fair and accurate?

The court decisions on obtaining financial hardship relief show that it is not easily obtained. A bankrupt normally have to show that they have exhausted all efforts, their financial hardship is not a result of their actions or inaction and that their financial situation cannot reasonably be expected to improve without the undue hardship relief.

consumer proposal student loans

Consumer proposal student loans: Paying Student Loans During Your Bankruptcy or Consumer Proposal

What if:

Your financial circumstances are you have too many unsecured debts and your unsecured creditors are taking legal action against you?
You have a history of rolling over payday loans and are deep in financial trouble.
You have to go see one of the licensed insolvency trustees in your area and ultimately use one of the debt-relief tactics of bankruptcy or consumer proposal.

If you stopped being a student:

5 or 6 years ago but you know that you could not qualify for the financial hardship provision relief; or
the last time you went to school was less than 5 years ago; and
you need to start repaying your student loans.

To rebuild a solid foundation for a good financial future in such a situation, either bankruptcy or a consumer proposal would have to be filed. Despite the fact that you would not be able to eliminate or compromise your student loans, you would be able to escape the clutches of your otherwise crushing other unsecured debts.

In such a case, it may make sense to file for an insolvency process, even though you would be paying student loans during your bankruptcy or consumer proposal.

Consumer proposal student loans summary

I hope you found this consumer proposal student loans Brandon Blog informative. Are you or your company in financial distress and a debt crisis? Are you embroiled in costly litigation or a crushing debt load and need a time out in order to restructure? Do you not have adequate funds to pay your financial obligations as they come due? Are you worried about what will happen to you in retirement? Do you need to find out what your debt relief options and realistic debt relief solutions for your family debt are? Is your company in financial hot water?

As licensed insolvency professionals, we are the only people accredited, acknowledged and supervised by the federal government to provide insolvency advice and to implement approaches to help you remain out of personal bankruptcy while eliminating your debts. A consumer proposal is a government-approved debt settlement plan to do that. It is an alternative to bankruptcy. We will help you decide on what is best for you between a consumer proposal vs bankruptcy.

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.

Consumer Proposal Means Financial Recovery: Introduction

Consumer Proposal Means Financial Recovery: What is a Consumer Proposal?

Key Features of What a Consumer Proposal Means

Eligibility requirements

Types of debts included

Duration of repayment period

A Consumer Proposal Process Means There Are Both Advantages (Pros) and Disadvantages (Cons)

Advantages (Pros) of a Consumer Proposal

Disadvantages (Cons) of a Consumer Proposal

Consumer Proposal Means Understanding the Impact of Bankruptcy and Consumer Proposals on Your Credit

Initial Effects on Your Credit Score After Filing

How Your Situation Before Filing Plays a Role

Debunking Common Myths Surrounding What a Consumer Proposal Means

Stigma and Myths

The Importance of Understanding The Timeline

Consumer Proposal Means You Need To Take Practical Steps to Rebuild Your Credit Post-Bankruptcy or Consumer Proposal

1. Sign Up for Credit Monitoring Services

2. Open a Secured Credit Card

3. Establish Automatic Payments

Why Monitor Your Credit Regularly?

A Consumer Proposal Means There Are Common Pitfalls in the Credit Rebuilding Process

Ignoring Your Credit Report Post-Filing

Applying for Too Much Credit at Once

Not Keeping Track of Payments and Due Dates

Why Monitoring Your Credit Matters

After A Consumer Proposal Means You Need Long-Term Strategies for Sustaining Good Credit

Avoid Unnecessary Debt

Build an Emergency Savings Fund

Seek Professional Advice for Complex Situations

Accountability is Key

The Journey Doesn’t End

A Successful Consumer Proposal Means Inspirational Success Stories: Rebuilding Against the Odds

Lessons We Can Learn From Others

The Importance of Support Systems

Staggering Data on Credit Recovery

Consumer Proposal Means Financial Recovery: Conclusion

Collection Agency Lawsuit: Introduction

Collection Agency Lawsuit: Understanding Ontario’s Debt Collection Regulations

Overview of Ontario laws and practices

Best Practices for Debt Collection Agency Responsibilities in Ontario

Penalties for Non-Compliance

Collection Agency Lawsuits: Understanding the Reality of Debt Collection Lawsuits

Real-Life Implications of Receiving a Statement of Claim

Common Misconceptions About Debt Handling

Collection Agency Lawsuit: 3 Critical Errors in Responding to Debt Collection Lawsuits

Understanding the Importance of Timely Responses

Consequences of Admitting Debt Too Soon

The Risks of Self-Representation

The Emotional Toll of Mishandling Lawsuits

Final Thoughts on Making Informed Decisions

Collection Agency Lawsuit: The Emotional and Financial Toll of Mishandling Lawsuits

Immediate Financial Repercussions

Long-term Impacts on Credit Scores

The Overlooked Emotional Toll

Collection Agency Lawsuit: Empower Your Financial Future: Steps to Take Now

Exploring Alternative Debt Management Strategies

The Path Towards Financial Recovery

Taking Action: Your Proactive Steps

Collection Agency Lawsuit: Conclusion

Paycheque to Paycheque Introduction

Understanding the Concept of Living Paycheque to Paycheque

Definition of Living Paycheque to Paycheque

Real-Life Factors Influencing People Living Paycheque to Paycheque

Factors Affecting Living Paycheque to Paycheque

Cost of Living in Canada

Income Disparities and Inflation

Increasing Consumer Debt

Overview of the Bank of Canada’s Role in the Paycheque to Paycheque Lifestyle

Overview of the Bank of Canada

The Bank of Canada Disconnect to the Canadian Reality

Strategies for Breaking the Paycheque to Paycheque Cycle

Mental Health First: Understanding the Root Causes

Creating a Household Budget and Sticking to It

Prioritizing Debt Repayment and Building an Emergency Fund

Government Programs and Support

Paycheque to Paycheque FAQs

Paycheque to Paycheque Conclusion

Debts Solution: Introduction

Debts Solution: Recognizing Debt Relief Scams

Debts Solution: Scammers often ask for upfront fees and make unrealistic promises

*Debts Solution: Scammers often ask for upfront fees and make unrealistic promises***

*Debts Solution: Beware of anyone who advises you to stop communicating with and paying your creditors***

*Debts Solution: Debt relief scams may operate via social networks, text, or email***

*Debts Solution: Seeking Professional Help***

*Debts Solution: Debt Management Plan***

*Debts Solution: Consumer Proposal***

*Debts Solution: Bankruptcy as a Last Resort***

*Debts Solution: Protecting Yourself from Fake Loan Scams***

*Debts Solution: Conclusion***