Tag: should seniors file a consumer proposal

Categories
Brandon Blog Post

SENIORS IN DEBT: SOLVE IT WITHOUT BANKRUPTCY

SENIORS IN DEBT: SOLVE IT WITHOUT BANKRUPTCYSeniors in debt or baby boomers in debt, remains a hot topic of conversation and that’s no surprise considering the latest findings. Equifax reports that Canadian consumers continued to increase their debt burdens, but seniors in debt, being consumers 65 and older, had the greatest increase since last year.

According to a new CIBC poll, 59% of retired Canadians say they’re carrying debt. And 19% of those say that their debt level has increased over the past year, while 36% report their debt level has stayed the same. Seniors in debt, defined as those Canadians over the age of 65, have the highest insolvency and bankruptcy rates in the country, according to a report by the Vanier Institute for the Family. Among those retired Canadian seniors in debt, a Harris/Decima poll for CIBC found:

  • 37% are juggling two or more debt payments a month
  • 39% are carrying credit card debt
  • 30% have debt on their line of credit
  • 16% are carrying debt on their mortgage, and
  • 14% have loan debt

As this is a really important issue, we devoted several blogs to seniors in debt – What Do The Golden Years Really Look Like?, Why Are The Majority Of Seniors in Debt?, and Should Seniors Try and Pay Off Their Debt Or Declare Bankruptcy? Another option for seniors trying to start over is a consumer proposal.

Should seniors in debt consider a consumer proposal? Consumer proposals are a very good option for seniors in debt who are retired. Since most people in financial trouble don’t have many assets, the most common reason for filing bankruptcy is to prevent a wage garnishment. Since retired seniors with credit card debt, or other debt, don’t have any wages, there are no wages that could be potentially garnished. And, it is very difficult, if not impossible, for a creditor to garnishee a pension. Therefore a consumer proposal may be the right choice for retired seniors in serious financial trouble. You may also hear the question in layman’s terms: should seniors file a debt proposal to gain protection? What is really meant is one of the bankruptcy alternatives, the consumer proposal.

If you are one of the may seniors in debt experiencing serious debt issues, contact a professional trustee as soon as possible. Ira Smith Trustee & Receiver Inc. will evaluate your individual situation and create a solid financial plan for moving forward so that Starting Over, Starting Now you can live a debt free life and enjoy your retirement. Contact us today.

Watch for our next blog when we’ll be discussing the debt issues plaguing baby boomers.

Categories
Brandon Blog Post

SENIOR CREDIT CARD DEBT RELIEF OR DECLARE BANKRUPTCY-SENIORS IN DEBT, PART 3

senior credit card debt relief, should seniors file a consumer proposal, bankruptcy, personal bankruptcy, declare bankruptcy, trustee, bankruptcy alternatives, bankruptcy process, credit counselling, debt consolidation, consumer proposals, wagesLast week we discussed why the majority of seniors are in debt. This week we’ll be addressing if seniors should try and pay off their debts to obtain senior credit card debt relief or declare bankruptcy.

Life is very difficult for many seniors who anticipated that their golden years would be a carefree retirement. Instead, according to the Vanier Institute for the Family, Canadians over the age of 65 have the highest insolvency and bankruptcy rates in the country. With increasing expenses and a significantly reduced income and return on investments, more seniors are contemplating bankruptcy; but is it the best and/or only option?

While it’s true that bankruptcy can eliminate many of your debts, people typically file personal bankruptcy as a means of protection from creditors. If you are working, bankruptcy will protect you from creditors garnisheeing your wages. However, if you are retired and your sole source of income is your pension, then there are no wages to garnishee. It is very difficult for a creditor to garnishee a pension with one notable exception. If you owe the CRA (Canada Revenue Agency) for unpaid taxes, they are permitted to garnishee all types of pension income under Section 224.1 of the Income Tax Act. It is rare that the CRA will garnishee your pension income, but it is a possibility. If you have a significant tax debt and the CRA has threatened a pension garnishment, the bankruptcy process is an option that has to be considered.

The right debt relief option you ultimately decide upon will depend on whether or not you have assets, who you owe money to, and how much you owe. For seniors in debt there are bankruptcy alternatives – credit counselling, debt consolidation, consumer proposals – which in many cases are better options than declaring personal bankruptcy. In our next blog, we will be considering various options, including should seniors file a consumer proposal?

Unfortunately too few Canadians are properly prepared for the financial reality of retirement. They get caught up in a downward financial spiral and some pass away leaving significant debt. The family is then left with the unpleasant options of paying the debt themselves or bankrupting the estate. If you are a senior in serious debt, consult a professional Trustee as soon as possible. Contact Ira Smith Trustee & Receiver Inc. for professional advice and an action plan that’s right for you. Starting Over, Starting Now we can give you the help that you need to deal with your financial problems, and peace of mind.

Watch for our next blog when we’ll be discussing some advice we have for seniors in debt.

Categories
Brandon Blog Post

CONSUMER PROPOSALS OR PERSONAL BANKRUPTCY; WHICH IS RIGHT FOR YOU?

credit, credit scores, credit score, credit report, credit reporting agencies, problems with credit, toronto, bankruptcy, vaughan bankruptcyIf you are experiencing serious financial problems you need professional advice and a plan of action. The first thing that you should do is contact a licensed trustee. A licensed trustee is a federally regulated professional who will evaluate your situation and help you to arrive at the best possible solution for your problems. Consumer proposals and personal bankruptcy are two options for insolvency. Which is right for you?

CONSUMER PROPOSALS

PERSONAL BANKRUPTCY

Stops creditors from taking legal action against a debtorStops creditors from taking legal action against a debtor
Requires a licensed trusteeRequires a licensed trustee
Your total debt cannot exceed a $250,000 (excluding a mortgage)If you owe more than $1,000 you are eligible & no limit on the amount of debt
Your monthly payment is fixedMonthly payments may vary as they are based on your income and assets
You retain your assetsCertain assets may have to be seized by the Trustee
No monthly tasks or reportingMonthly income and expense reporting is required
You are still entitled to all tax refund(s) and/or credits which you are owed.Tax refunds for the year of your bankruptcy and any prior unfiled years will be forfeited
After the completion of a consumer proposal your credit rating is R7After a bankruptcy your credit rating is R9
A Consumer Proposal will appear on your Credit Report for three years after completionA first Bankruptcy will appear on your Credit Report for six to seven years (in Ontario) after your final discharge from the Bankruptcy (14 years for a second Bankruptcy)

Ira Smith Trustee & Receiver Inc. can provide you with solutions to your financial problems and with a plan of action, Starting Over, Starting Now we can help you achieve your goal of a debt free life. Take the first step and contact us today.

Call a Trustee Now!