Tag: starting over starting now

#VIDEO – CREDIT FRAUD ALERT CANADA: APPLY THESE 3 SECRET TECHNIQUES TO GUARD AGAINST IDENTITY THEFT#

Post author By Brandon Smith
Post date December 7, 2016

CREDIT FRAUD ALERT CANADA: SEE OUR FREE OFFER

AT THE BOTTOM OF THIS VLOG

Credit Fraud Alert Canada: Introduction

Laurie Campbell joins me now to explain about credit fraud alert Canada. She is the CEO of Credit Canada Debt Solutions. Alright so let’s talk about some practical tips. What are your top three tips that will help people lower the risk that they could go through like this woman from Winnipeg described below went through?

Credit Fraud Alert Canada: Laurie’s top 3 tips

Laurie’s top 3 tips are:

Check your credit rating. Contact both Equifax and TransUnion because those are the two credit reporting agencies in Canada.
Limit the of credit cards you have. So many people are not aware of how easy fraud can happen when you have five or six or ten types of credit out there.
Don’t give out your credit card or personal information to people even if you know them well. Safeguard it like money and make sure you do not give your credit card to people who may phone you asking for it. There are many scammers just phishing for information.

Credit Fraud Alert Canada: A very sad story

This woman’s story has lasted just over three years. Imagine, three years to get your credit fixed. That is unusual, incredibly unusual for it to take that long. Certainly there are some there are processes in place and you know unfortunately for her the only reason she found out about it was because she had a mortgage renewal. This is why it’s important to check your credit rating.

Credit Fraud Alert Canada: The credit rating

So remind us again what a credit rating is. There is a credit rating and a credit score. Both are very important. Your credit rating is a rating on how well you pay your debts and it reflects your credit history. For example, if you pay on time and you have a long period of history reports on the different types of credit that you have.

Your credit score is accumulation of information including not just your credit rating but that how long have you been using credit and your behavior with credit over time. It is personal information so essentially your credit rating makes up your credit score to a certain degree.

Credit Fraud Alert Canada: An ounce of prevention

Both are really important and so what options does a fraud victim have when you’re getting stonewalled by the creditors or the credit agency and there is wrong information about you in your credit report?

First there are certain things we hopefully can do to prevent that from happening but once that does happen you can ask for an investigation by the credit reporting agencies. You are going to need to be able to have some backup information on your set of circumstances to prove that it wasn’t you. In this case you are guilty until proven innocent. The burden is on you as the consumer to point out why they’re wrong and made a mistake.

Don’t forget that the credit reporting agency is merely reporting on information from the date provided to it. So first, you are going to need to have the creditor recognize that there is an error. Keep in mind it could be something as simple as your employment information. If you don’t have up-to-date employment information on you because you haven’t applied for credit since you have a new job or new place of residence. Those types of things are considered errors as well so we start to whittle away it.

Credit Fraud Alert Canada: Always check your credit report

We need to know what our credit report says and that’s why as Canadians we should be checking it on a regular basis. Some families share their credit cards with their kids which makes them more susceptible to being victims of fraud. Anytime you’re giving your giving your credit card out, especially to family members or friends, you’re putting yourself at risk.

First, there is “friendly fraud”. You hope it never happens to you where somebody else is using your credit in a way that you don’t want them to. Also, exposure in the marketplace is a problem. That is where people can leave credit cards behind and people then use it for their own purposes.

You should safeguard your credit like cash, but some people don’t do this.

Credit Fraud Alert Canada: Get your solution

The last thing any of us need is having our identity stolen and a fraud perpetrated on us to ruin our credit. If you are having credit and debt problems, help with your debt issues is available now. Contact Ira Smith Trustee & Receiver Inc. We’re your best defence against debt. Make an appointment for a free, no obligation consultation and you can be well on your way to a debt free life Starting Over, Starting Now. Give us a call today.

Tags Credit, credit fraud, credit fraud alert, credit fraud alert canada, credit rating, credit report, credit reporting agency, credit score, Equifax, fraud, Ira Smith Trustee, laurie campbell, phishing, starting over starting now, TransUnion

Brandon Blog Post

COMPANY WENT BANKRUPT AND DIDN’T PAY ME WAGES: IT DOESN’T HAVE TO BE HARD

Post author By Brandon Smith
Post date August 31, 2016

Previous blogs for the company went bankrupt

The issue of the company went bankrupt and didn’t pay me wages is not a new one. We previously wrote two blogs on this topic:

We have noticed a surge of renewed interest in this topic based on recent activity from readers of our Brandon’s Blog, so, we thought it would be a good idea to put together a short video on this topic.

People ask us what if the company didn’t pay me wages?

We answer if wages are owed by your employer because the employer went bankrupt with unpaid employees or is in receivership don’t despair; there is hope for you to recuperate monies owed to you. The Wage Earner Protection Program (“WEPP”) Act – WEPPA – in conjunction with an amendment to the Bankruptcy and Insolvency Act (Canada) – BIA – created a mechanism for employees to be compensated for claims of unpaid wages, commissions and vacation pay accrued in the six months preceding the employer files for bankruptcy or being placed in receivership and wages are owed to you along with claims for unpaid termination and/or severance pay.

Are there any exceptions? What are the rules?

There are a few exceptions to the company went bankrupt and didn’t pay me wages. You are generally not eligible if, during the period for which your wages are owed to you by your employer, you:

were an officer or a director of your former employer
had a controlling interest in the business of your former employer
were a manager whose responsibilities included making binding financial decisions impacting the business of your former employer, and/or making binding decisions on the payment or non-payment of wages by your former employer

Who is eligible for the WEPP? You may apply if wages are owed to you by your employer and:

your former employer has filed for bankruptcy or is subject to a receivership
wages are owed to you by your employer, vacation pay, termination or severance pay from your former employer
amounts earned during the eligibility period or, in the case of termination or severance pay, your employment was terminated during the eligibility period ending on the date of bankruptcy or receivership

One more very important exception – it only applies if wages are owed to you by your employer and your employer is in either receivership or bankruptcy and owes you wages. If your employer is attempting a corporate restructuring under a Notice of Intention to Make a Proposal, a Division I Proposal or the Companies’ Creditors Arrangement Act, then WEPPA and its provisions do not come into play.

Claim limits when the company went bankrupt and didn’t pay me wages

Regardless of the total amount owing to you, the maximum any employee can receive under WEPPA is the greater of $3,200 or four times the maximum weekly insurable earnings under the Employment Insurance Act (which is now around $3,900).

Once employees file claims with both the Trustee/Receiver and Service Canada, Service Canada pays their claims for owed wages by the employer and Service Canada becomes the creditor. The amendment to the BIA has recognized WEPPA and created a priority charge that supersedes all secured charges except CRA’s deemed trust claim (and the reclaiming rights of farmers and suppliers) to a max of $2,000 per employee, secured against current assets.

Documentation needed if the company went bankrupt and didn’t pay me wages

While no one wants – or expects – to be part of a receivership or bankruptcy, you should always keep detailed records of hours worked for any pay period. On any occasion when you discover there will be no paycheque, record the loss that you will suffer, such as not being able to pay bills or buy groceries. Ask for a formal explanation from your employer and keep detailed notes on your efforts. It’s important to prove that when owed wages by an employer; you still expect to be paid, even if it’s late.

If your employer is in receivership or bankruptcy proceedings, and you believe you have a claim for owed wages by the employer, find the trustee and get in touch with Service Canada. Have your records ready and make sure you get your Proof of Claim.

What should I do if I have too much debt and the company went bankrupt and didn’t pay me wages?

This is an important issue. If you are experiencing financial problems, contact Ira Smith Trustee & Receiver Inc. We’re here to find what your bankruptcy options are, put your financial house back in order and set you on a path to debt free-living. You’ll be amazed at the difference one phone call to Ira Smith Trustee & Receiver Inc. can make.

Contact us today. We are a licensed trustee and will listen to your issues and offer compassionate, professional assistance to aid you to avoid bankruptcy, so that you can regain control of your life, Starting Over, Starting Now.

THIS VLOG WAS INSPIRED IN PART BY OUR eBOOK – PERSONAL BANKRUPTCY CANADA: Not because you are a dummy, because you need to get your life back on track

Tags Bankruptcy, Bankruptcy and Insolvency Act, CCAA, company went bankrupt and didn’t pay me wages, Ira Smith Trustee, proposal, receivership, restructuring, salary, starting over starting now, Wage Earner Protection Program, Wage Earner Protection Program Act, wages, WEPP, WEPPA

Brandon Blog Post

GTA VAUGHAN BANKRUPTCY TRUSTEE: BANKRUPTCY AND DIVORCE FINANCIAL SOLUTIONS

Post author By Brandon Smith
Post date August 29, 2016

Introduction to bankruptcy and divorce from a Vaughan licensed insolvency trustee (“GTA Vaughan bankruptcy trustee”)

As a GTA Vaughan bankruptcy trustee, I’ve never met anyone who had something good to say about bankruptcy and divorce. At times both are a necessary evil, but it’s never fun. Although divorce has been the butt of jokes by comedians for decades, it’s no laughing matter, especially financially.

This quote may be more telling than funny:

Let’s be blunt: If you hire a divorce lawyer today, there is a good chance you will hire a bankruptcy lawyer within two or three years.

Gene Meyer

GTA Vaughan bankruptcy trustee discusses debt issues and divorce financial solutions

When couples decide to divorce, few have any idea of what the split is really going to cost and what each party will be left with after the divorce. The goal of divorce and the divorce process and results are two very different things. Here’s the reality of most Canadians’ financial situations:

The debt-to-disposable income ratio was 165.3% for the first three months of 2016 (Statistics Canada)
Households owe $1.65 in debt for every dollar of disposable income they have (Statistics Canada)
Total household debt, which includes consumer credit, and mortgage and non-mortgage loans, totalled $1.933 trillion at the end of the first quarter (Statistics Canada)
Balances on consumer loans including credit cards and lines of credit grew by 2.6% year-over-year, driven primarily by the continued popularity of lines of credit and auto loans (RBC)
Mortgage loan balances were up 6.2% from the same quarter of the prior year (RBC)
The average Canadian owed $21,580 in non-mortgage debt during the most recent quarter (TransUnion)

Many Canadians are already teetering on the edge of financial disaster without throwing divorce into the mix. Even if you have an amicable divorce, the cost of an uncontested divorce ranges from $1,000 to $3,500, according to a 2015 Canadian Lawyer’s legal fees survey. If your divorce gets messy the fees can be astronomical. Living two separate lives costs a lot more than living together as a couple. Do you have a clear understanding of what your monthly expenses are? Do you have a budget? These are just some of the divorce financial solutions that as a Vaughan bankruptcy trustee we recommend to people that they have to know about it beforehand.

What can I do if I have too much debt – divorce or no divorce?

Whether you live in the GTA or elsewhere, take the advice of a GTA Vaughan bankruptcy trustee and get your financial house in order before you begin divorce proceedings or you may be looking at bankruptcy and divorce or bankruptcy alternatives down the road. Contact the Ira Smith Team for advice and a solid plan to deal with serious debt issues. We will give you a free first consultation to discuss your options and we can help you get out of debt Starting Over, Starting Now.

Tags Bankruptcy, bankruptcy alternatives, bankruptcy and divorce, budget, consumer credit, divorce, divorce financial solutions, gta bankruptcy trustee, gta vaughan bankruptcy trustee, household debt, Ira Smith Trustee, Lines of Credit, starting over starting now, Toronto bankruptcy trustee, trustee, vaughan bankruptcy trustee

Brandon Blog Post

CANADIAN CREDIT SCORE CALCULATOR: FREE SECRETS PROFESSIONALS USE REVEALED#

Post author By Brandon Smith
Post date August 10, 2016

Canadian credit score calculator – Introduction

The question we are most asked is, “How do I improve my credit score?”. The next question is, “Is there a Canadian credit score calculator and how does it work?”. Our answer is always in explaining how the rating is calculated and what each part of the calculation is. Once you understand the calculation, it is much easier to improve.

While it seems obvious that the loan decision-making process uses your credit report in making the decisions about loans, there are other less obvious uses for your credit history. Others might use your information to make decisions about other financial services and products. Poor ranking could lead to you paying hundreds, or even thousands, of dollars more over your lifetime.

In previous blogs, we have written about:

What is the calculation?

The two reporting agencies, Equifax Canada Co. (“Equifax”) and Trans Union of Canada, Inc. (“Trans Union”) use complicated computer algorithms to calculate your result. The most common methods use either the FICO method, from Fair Isaac Corporation, or your Beacon score, which is a calculation that Equifax uses. Results can range anywhere from 300 to 850. The 5 elements that go into the calculation are:

Payment history
Amounts owed
Length of loan history
New credit
Types of credit

This table shows the weighting of the five categories, as well as the total possible points available in each category:

Category	Possible points	%

Length of loan history	297.5	15
New credit	85.0	10
Types of credit	85.0	10
Payment history	297.5	35
Amounts owed	255.0	30

	850.0	100

Payment history
The most important of the five categories is your payment history, meaning how well you pay your debts. There is a heavier emphasis on recent payments as opposed to older ones. Things like bankruptcy, foreclosure, accounts sent to collection agencies, and repetitive late payments are all considered negative events and will lower this part of the calculation.

Amounts owed
Amounts owed is how much you owe on your bank cards and loans, in other words, your outstanding debt balance. Also considered is your total authorized borrowing limit, along with the part of your limit that you have used.

Length of loan history
The length of your loan history plays a role in the calculation as well. The longer you have had a history, the better your result in this category will be.

New credit
New credit, or more specifically new credit applications, play a role in the calculation. As the number of recently opened credit accounts goes up, your result in this category will go down.

Types of credit
The last factor used in the Canadian credit score calculator is the different types of credit you have. Usually the more the better, except for consumer finance accounts. Consumer finance companies typically grant loans to people with poor borrowing histories so having these types of accounts defines you as “risky”, thus lowering scores in this category.

What does my calculation mean?

Here are the possible Canadian credit score calculator ranges, and what they mean:

700-850 A “very good” or “excellent” result. You should not have a problem getting a loan from a lender.

680-699 A “good” one. Though not considered very good or excellent, most lenders will not have a problem giving you a loan.

620-679 An “acceptable” score. Lenders will most likely need you to give supporting information about your income, time in your current home, bank statements, time with current employer, etc.

580-619 An “okay” score. 620 is the prime rate cut-off point, so you can expect to pay a higher interest rate with any lender who is willing to give you a loan.

500-579 A “bad” score. You may still be able to get a loan with a score like this, but you will most definitely be paying a higher interest rate.

350-499 A “very bad” score. You can still get a loan with this low of a score, but you may be better off turning it down and cleaning up your core over the next several years. Otherwise, the interest on the loan may be too difficult to handle.

As your score decreases, the ability for you to get a loan, on the most ideal terms, decreases greatly. Therefore, people with lower scores have to pay more in fees and interest rate for loan products. The higher your score, the more money you will save by being given the best rates and credit deals.

How does my score stack up?

“The general score that you’re aiming for is 700,” says Michael Lofquist, marketing and communications manager at Equifax. However, the average Canadian score is about 650 according to First Foundation Residential Mortgages.

So if you have a score higher than 650, then you know that you are better than average Canada.

What can I do if I have too much debt and too low a score?

Please, please, please, do not fall prey to the “guaranteed bad history loan” industry. So, if you have too much debt that is causing you too much stress because you cannot repay it, don’t worry about your score. The most important thing is to get into a place where you can manage your debt and regain y our health and control of your life.

You should book a meeting with an experienced licensed insolvency trustee first. (The first consultation is free.) Ira Smith Trustee & Receiver Inc. brings a cumulative 50+ years of experience dealing with diverse issues and complex files and we deliver the highest quality of professional service.

Contact us today and Starting Over, Starting Now you’ll be well on your way to overcoming your financial difficulties. Ultimately your credit score will thank you for having fixed the problem once and for all.

THIS VLOG WAS INSPIRED IN PART BY OUR eBOOK – PERSONAL BANKRUPTCY CANADA: Not because you are a dummy, because you need to get your life back on track

Tags Beacon credit score, Beacon score, Canadian credit score calculator, Credit, credit report, credit score, FICO, FICO score, Ira Smith Trustee, starting over starting now

Brandon Blog Post

STUDENT DEBT COUNSELLING: ARE WE DOING ENOUGH TO REDUCE THE COST OF STUDENT LOANS?

Post author By Brandon Smith
Post date August 8, 2016

Amazon Prime getting into the US student loan business but not student debt counselling

As you will see from this blog, there is a huge need for student debt counselling, as new entrants into the student loan business are enticing students with new offers. The financial services industry in the United States is changing rapidly with many non-traditional companies getting into the game. The latest is Amazon Prime. They’re now offering discounted student loans to Amazon Prime Student customers through a partnership with Wells Fargo.

Although this type of program is now only available in the U.S., and while we typically discuss things that affect Canadians, we felt that anything that could cut the cost of a student loan was worth reporting. However, keep in mind that this does nothing for student debt counselling so that students are better able to handle debt. It is merely a financial opportunity with little risk as further described below.

Our previous student debt counselling and student loans blogs and vlogs

Student loan debt is such a serious issue that we’ve written a series of blogs and vlogs on the subject.

Canadian Federation of Students study

According to the Canadian Federation of Students (CFS), the impact of Canada student loan debt is that today’s students are the most indebted generation in Canadian history. They can certainly use student debt counselling.

The average student graduates with over $28,000 of debt. Tuition fees and living costs continue to rise, and there’s no solution in sight. The CFS has been lobbying the federal government for students, to no avail. And it’s not better south of the border where tuitions and the student loan debt is proportionally greater.

Perhaps CFS should also lobby the provincial governments to include student debt counselling as a mandatory grade 12 subject in high school!

Is Student Debt Counselling Being Offered to Amazon Prime Student customers?

Through the partnership, Wells Fargo is not offering any student debt counselling, but is offering student loans Amazon Prime Student Customers (not students whose parents have a Prime membership of their own):

A 0.50% interest rate discount
This can be added on top of a 0.25% interest rate reduction for enrolling in an automatic monthly loan repayment plan
In addition, any interest rate discount tied to another Wells Fargo global promotion

Students can apply for a new student loan or refinance existing student loans.

Why would Amazon Prime want to get into the student loan business

Of course this partnership benefits Amazon and Wells Fargo financially. However, it does not give any education to college students through student debt counselling. Amazon Prime will no doubt have many more sign ups and Wells Fargo will have access to many more potential borrowers. But the bottom line is that the student will benefit by having access to discounted student loans. Hopefully someone in Canada will also find a way to help lighten the student loan debt load.

However, there is even a greater reason. In Canada, a bankruptcy discharge will only end student loans if you’ve ceased to be a full or part-time student for more than seven years and either declare personal bankruptcy or make a debt proposal to your creditors, most likely through a consumer proposal. The only other option is to attempt to seek from the Court relief because of undue hardship, but this is very difficult, if not impossible.

If you think it is difficult under Canadian law to end student loans, it really is impossible under the US Bankruptcy Code. The leading case in the US, which subsequent decisions have followed, is, Marie Brunner v. New York State Higher Education Services Corp. (October 14, 1987, #41, Docket 87-5013). This case set a precedent for defining the concept “undue hardship” in bankruptcy discharges of student loans.

Suffice to say that if a bankrupt in the US is seeking a discharge of all of his or her debts, including student loan debt, the mere fact that they can afford to hire and pay an attorney can be used as evidence that if they have funds to pay legal counsel, then there is no undue hardship for them to agree to a repayment plan on account of the student loan debt after they get their discharge from bankruptcy and their non-student loan debts.

Since the debt will in almost every case always be owing and payable, it is a safe bet for Amazon Prime.

Are you in need of student debt counselling or credit counselling?

No matter the cause of your serious debt issues, The Ira Smith Team is here to help. Debt is not insurmountable; there are always options. With proper counselling, immediate action and a solid plan, we can help get your life back on track Starting Over, Starting Now. Our trustees are also certified in credit counselling. Give us a call today.

Tags Amazon Prime, Amazon Prime Student, canada student loan, discounted student loans, Ira Smith Trustee, marie brunner, starting over starting now, student debt, student debt counselling, student loan debt, student loan repayment, student loans, the impact of student debt

Brandon Blog Post

#VIDEO-DEBT MANAGEMENT PROGRAMS REVIEW#

Post author By Brandon Smith
Post date August 3, 2016

Not all debt management programs are created equal

I have written previous blogs and made vlogs in the past about debt management programs, including:

Non-profit credit counselors are the good guys in the debt relief industry, which is otherwise full of players that are bursting with lies, scams and sketchy practices.

We have done the consumer proposal or bankruptcy of many people who first paid upwards of $2,500 to for profit “counselors” who ultimately did no more than pass the people on to a licensed insolvency trustee. They could have received a better service just going straight to a trustee for a free consultation.

Contrary to popular belief, a licensed insolvency trustee by law must first evaluate to see if the person can AVOID bankruptcy. So as you can see, not all debt management programs and companies are equal.

Do debt management programs work for everyone?

Debt management credit counselors need to acknowledge that their signature offering — the debt management plan — doesn’t work for everyone.

Debt management programs are promoted as the best bankruptcy alternative and an affordable way to pay back credit card debt. Borrowers make payments to the counseling agency, which then pays the creditors. Thanks to standing agreements that counselors have with credit card companies, the plans typically cut the interest rates, fees and payments that borrowers need to make. Full repayment of the debt often takes four to five years.

If borrowers make all the payments and repay the principal completely, debt management programs have much less impact on their credit scores than other types of debt relief.

Debt management programs were rampant in the United States

During the financial crisis in 2007-2009, debt management programs could be found on infomercials day and night. There were so many shady characters in the industry, the States ultimately had to enact laws to reign the shady operators in.

Needless to say, the shady operators did not give any worthwhile service for the fees they charged. But even the legitimate and well-meaning credit counselors mistakenly believed that their debt management programs were good for everyone. What I have found in my experience as a licensed insolvency trustee, is that no two people’s situations are the same, and one size does not fit all.

The story of Francine Bostick

Francine Bostick, a woman who lives in Kansas and paid off more than $120,000 in credit card debt in 2012, says she emerged with credit scores good enough to buy her first-ever new car. “It was exciting and made me a little nervous when they did the credit check,” says Mrs. Bostick, 66. “We got 0 percent interest for the life of the loan.”

This sounds great, but, yet Mrs. Bostick is also an example of what may be wrong with credit counseling because:

Her husband Jim Bostick had Alzheimer’s disease and she was his caregiver
Francine worked 12-hour days to earn the money to make debt payments while also caring for her increasingly incapacitated husband, who died in May
She had to do this when others her age were retiring
She never got to spend quality time with Jim before his death

If she lived in Toronto or Vaughan, what would I have advised?

Francine had never been bankrupt before and she did not have any significant assets. She and Jim rented – they did not own a home. In Francine’s case, she would not have had to make any surplus income payments in a bankruptcy. Although a consumer proposal is a great alternative to bankruptcy, Francine could not afford to complete one by only working one job in an 8-hour day, but she and Jim would be able to live on those earnings and their pensions.

In this case, I would have advised Francine that bankruptcy was a better alternative because:

Francine could have spent more time with her dying husband – that she can never get back now
She would received an automatic discharge after 9 months, and not worked so hard for several years
Just like in bankruptcy, she had no access to credit while in her debt repayment program
She could have begun rebuilding her credit faster after the bankruptcy
There is little leeway for missing a payment in debt management programs – many times if you miss 1 payment the entire program ends
Some people find that they simply can’t afford the payments on debt management programs, while others drop out because of setbacks such as job loss, unexpected expenses or illness
If you cannot fully complete the debt management programs, creditors can resume collection efforts, and borrowers also have flushed thousands of dollars down the drain and might not have enough money left to live on

What should you do if you have too much debt and are considering one of the debt management programs?

So, those thinking about debt management programs should book an appointment with an experienced licensed insolvency trustee first. (The first consultation is free.) That way, they will be able to understand the choice they make.

Ira Smith Trustee & Receiver Inc. brings a cumulative 50+ years of experience dealing with diverse issues and complex files and we deliver the highest quality of professional service. Contact us today and Starting Over, Starting Now you’ll be well on your way to overcoming your financial difficulties.

THIS VLOG WAS INSPIRED IN PART BY OUR eBOOK – PERSONAL BANKRUPTCY CANADA: Not because you are a dummy, because you need to get your life back on track

Tags Bankruptcy, Consumer Proposal, credit counselor, debt management programs, Ira Smith Trustee, licensed insolvency trustee, starting over starting now, surplus income, toronto, Vaughan

Brandon Blog Post

CONSUMER PROPOSAL PROCESS: SETTLE DEBTS AND AVOID BANKRUPTCY#

Post author By Brandon Smith
Post date June 8, 2016

The consumer proposal process says bankruptcy may not be necessary

This is the story of Mary and Paul, who thought they would have to file bankruptcy, but instead, were able to avail themselves of the consumer proposal process. Mary took a job right out of college but recently she’s had to take a lot of time off to care for her sick husband Paul. With reduced income they are now considering bankruptcy. They went to visit a licensed insolvency trustee. A professional who is licensed by the Office of the Superintendent of Bankruptcy can practise as a licensed insolvency trustee. The trustee told them that the bankruptcy route may not be necessary.

Explaining the consumer proposal process

The trustee recommended a bankruptcy alternative called the consumer proposal. The consumer proposal process is an offer to creditors to pay back a percentage of what is owed over no more than period of up to five years. There are advantages to filing for consumer proposal:

you get to keep your possessions;
collection calls and lawsuits are stopped;
wage garnishment is stopped; and
if successful, you will avoid bankruptcy.

Mary and Paul really liked the idea of avoiding bankruptcy. To get things underway, the trustee explains that Mary and Paul must provide a complete list of what they own and what they owe. The trustee will put a consumer proposal process together based on their ability to pay. The proposal will be filed with the Office of the Superintendent of Bankruptcy. This is the federal organization that regulates Licensed Insolvency Trustees.

Once it is filed, Mary and Paul will stop making payments directly to their unsecured creditors. The trustee also explains that after filing the consumer proposal and related documents with the Office of the Superintendent of Bankruptcy, the trustee will then submit the consumer proposal to the couples’ creditors. The creditors will then have 45 days for accepting or rejecting the consumer proposal. If the creditors are unsatisfied with the consumer proposal the trustee may also negotiate so that a consumer proposal acceptable to the creditors which Mary and Paul can afford will be established.

Once the consumer proposal is accepted, Mary and Paul will then be responsible for making periodic payments to the trustee. The trustee will use that money to make a distribution to the creditors. Mary and Paul will also have to attend two counselling sessions to help them. If Mary and Paul make all the required payments and attend the two counselling sessions, then they will be legally released from the debts that were included in the consumer proposal. Mary asked if her and Paul’s credit rating will be affected. The trustee answered yes it will be affected but once the consumer proposal is fully completed, they can start rebuilding their credit.

How can you determine if the consumer proposal process can help you with your debt?

If you’re considering bankruptcy you need the services of a licensed insolvency trustee. Contact Ira Smith Trustee & Receiver Inc. We provide the depth of expertise found in a large company, delivered in an informal setting. We ensure you will receive a high quality and cost effective service.

We will use our combined 50+ years of experience dealing with diverse issues and complex files, to solve your financial problems and provide you with the highest quality of professional service. Take the first step to Starting Over, Starting Now by calling us.

THIS VLOG WAS INSPIRED IN PART BY OUR eBOOK – PERSONAL BANKRUPTCY CANADA: Not because you are a dummy, because you need to get your life back on track

Consumer proposal, consumer proposal process, Ira smith trustee, Hoyes, David Sklar, A Farber, trustee, licensed insolvency trustee, starting over starting now, Vaughan bankruptcy, Vaughan consumer proposal

Tags a "consumer proposal, avoid bankruptcy, Bankruptcy, consumer proposal process, Ira Smith Trustee, licensed insolvency trustee, starting over starting now, trustee

Brandon Blog Post

FINANCIAL DEBT COUNSELLING: THE #1 SECRET THAT ALWAYS SHOCKS PEOPLE

Post author By Brandon Smith
Post date June 6, 2016

The #1 secret we have learned through financial debt counselling

When performing financial debt counselling, we discovered many people are confused by financial lingo. As a result people have been negatively affected financially.

As a result we started a series on confusing financial terms. We began with Balloon Payments Can Cost You More Than You Bargained For. Today we’re going to be discussing APY – Annual Percentage Yield. Interest rates play an important role in borrowing and investing. Understanding your APY can will give you a clear picture of what you owe or could maybe gain.

What is APY?

APY is the true annual rate of return taking into account the effect of compounding interest. If you have a credit card and carry a balance each month you’ll be paying interest on top of the previous principal and interest. The interest each month (in effect it’s interest on interest) calculates on a daily basis. It is an important aspect of financial debt counselling.

Why is APY important?

APY is a great tool for evaluating the true interest rate paid on a loan or the return on an investment. It takes compounding into consideration and thus is actually higher than the stated annual interest rate.

If you owe money on a credit card, your APY will almost always wind up being higher than your card’s listed APR (Annual Percentage Rate). Interest charges added to your balance for every month you fail to pay it off in full is the reason. This means that over time you’ll be paying interest not only on the principal amount you owe, but on the interest as well.

In our financial debt counselling sessions, we always expose the APY secret. We will now expose it for you. Say your credit card has a stated APR of 19.99%. If you carry a credit card balance from month to month, an APR of 19.99% compounded daily equals an APY of 22.1214%.

Are you unable to make your monthly payments? Were you not aware of APY?

The reality is that you could be paying a much higher amount than you bargained for. It also may be a much higher amount than you can afford. Most people we counsel are not aware of or didn’t understand APY. In our financial debt counselling sessions, this is everyone’s “AHA” moment.

If you’re dealing with insurmountable debt for any reason contact Ira Smith Trustee & Receiver Inc. today. We’re a full service insolvency and financial restructuring practice serving companies and individuals throughout the Greater Toronto Area (GTA) facing financial crisis or bankruptcy that need a plan for Starting Over, Starting Now. Give us a call today.

We can help. Maybe all you need is some financial debt counselling. Perhaps you need to explore one of the many bankruptcy alternatives. Either way we can devised a plan that allows you to carry on a debt free, stress free life.

Watch for future blogs when we’ll be discussing other confusing terms that can impact you financially.

Tags annual percentage rate, Annual Percentage Yield, APR, APY, balloon payments, Bankruptcy, bankruptcy alternatives, compound interest, credit card, financial debt counselling, interest rate, Ira Smith Trustee, starting over starting now, trustee

Brandon Blog Post

#VIDEO – IS SURPLUS INCOME IN BANKRUPTCY POPULAR? #

Post author By Brandon Smith
Post date June 1, 2016

This is one of the most popular questions about bankruptcy we are always asked. The concept of surplus income in bankruptcy doesn’t seem to make much sense. After all, if you are bankrupt, how can you have surplus income? So let’s start at the beginning and clear up all the confusion. That way we can explain the answer to the question “What is surplus income in bankruptcy?”.

The answer

Heading into bankruptcy, your licensed insolvency trustee (LIT) must make an assessment. The more you earn, the more you must contribute. A definition is:

The amount of a debtor’s total income that exceeds what is necessary to maintain a reasonable standard of living. A reasonable standard of living is according to the standards set by the Office of the Superintendent of Bankruptcy. This is also sometimes called the OSB surplus.

The actual Superintendent’s standards are right at the poverty line so don’t get happy when you see words like “reasonable standard of living”. The bankrupt must make payments out of this surplus income to the LIT for distribution among the creditors.

The Office of the Superintendent of Bankruptcy sets limits for what a family can earn. The larger your family, the more you can keep. The thresholds increase each year. The government has established a list of earnings levels for households of different sizes.

If the household’s revenue exceeds the level set by the government then you have surplus income. Payments are made to your LIT. The government’s instructions about surplus income are in the Superintendent’s Directive 11R2.

What can I deduct for surplus income in bankruptcy?

There are some allowable deductions this calculation in bankruptcy:

child support payments
spousal support payments
child care expenses
expenses associated with a medical condition
Court-imposed fines or penalties that are in the process of being paid
expenses permitted by the Income Tax Act (or similar provincial legislation) that are a condition of employment
any other debt where a stay of proceedings has been lifted by the Court and a recourse authorized
interest paid on debts that are not dischargeable in bankruptcy under paragraph 178(1)(g) of the Act

If my salary changes, does my calculation change?

During your bankruptcy, you will have to report your monthly income and expenses to your LIT. The LIT must perform the surplus income calculation every time your income changes while you are in bankruptcy. You must make up any extra amount required if your income rises while you are in bankruptcy.

In a debt settlement restructuring, the amount you and your creditors have agreed upon is the same amount you pay. There is no monthly reporting of your income to your LIT and no recalibration to an increased amount if your income rises. Therefore, in a consumer proposal, surplus income in bankruptcy must be considered. This is to make sure that your consumer proposal is a better alternative than bankruptcy.

What now if I have too much debt?

If you’re considering bankruptcy you need the services of a LIT. Contact Ira Smith Trustee & Receiver Inc. We provide the depth of expertise found in a large company, delivered in an informal setting. We ensure you will receive a high quality and cost-effective service.

With a joint 50+ years of experience dealing with diverse issues and complex files, the Ira Smith team delivers the highest quality of professional service. Take the first step to Starting Over, Starting Now.

THIS VLOG WAS INSPIRED IN PART BY OUR eBOOK – PERSONAL BANKRUPTCY CANADA: Not because you are a dummy, because you need to get your life back on track

surplus income

Tags Bankruptcy, Consumer Proposal, consumer proposal surplus income, Ira Smith Trustee, osb surplus, personal bankruptcy canada, restructuring, starting over starting now, superintendent directive, superintendent directive 11r2, superintendent's directive, superintendent's directive 11R2, superintendent's standards, surplus income, surplus income in bankruptcy, what can I deduct for surplus income in bankruptcy

Brandon Blog Post

#VIDEO – TAX FRAUD PHONE CALLS ARE YOUR WORST ENEMY. 1 SECRET TECHNIQUE TO ALWAYS DEFEAT THEM#

Post author By Brandon Smith
Post date May 18, 2016

Our previous blogs on tax fraud phone calls and similar scams

We have before written about tax fraud phone calls. These are scams perpetrated by criminals purporting to represent Canada Revenue Agency (CRA). Our previous blogs are:

People are falling for the tax fraud phone calls all the time

These scams have also been well reported in the press. CRA estimates that losses from these scams are in the millions of dollars. CRA and the Canadian police forces estimate that the scam has worked on 9 in 10 Canadians.

How many types of scams are there?

CRA advises that there are many known scams, pitches and fraud types with new ones invented daily. The more common ones are:

Telemarketing/tax fraud phone calls scams
Online scams
Email scams
Identity theft
Business scams
Mail scams

How do these scams work?

They all involve posing as a CRA. CRA advises you should be wary of phishing scams asking for personal private information. The CRA would never ask for this type of information.

Some of these scams ask for this personal information. Others refer you to a website resembling the CRA’s. At the website, you are prompted to confirm your identity by entering personal information. You should not click on links included in these emails. Email scams may also contain embedded malicious software that can harm your computer. The software can also send them your sensitive personal information which you enter online.

The latest, and most aggressive scam works something like this. Often, people are getting calls to their home by someone claiming to be a CRA agent. They notify the resident of some bogus tax arrears amount. They then say they are about to be taken to court or police are about to come to their door to arrest them.

A fake tax agent has even shown up at homes demanding payment as part of the scam. It used to be the scam was only done over the phone or computer. Now the thieves are getting more brazen. They are enlisting the services of confederates to show up at your home!

More information about the types of tax scams can be found at some of the following sources:

Protect yourself against tax fraud phone calls – Agence du revenu du Canada www.cra-arc.gc.ca › Home › Security Apr 5, 2016 – Informing yourself is the best protection against fraud. … If you receive a call saying you owe money to the CRA, you can call us or check My … Is the requester asking for information I would not provide in my tax return? Is the …
Beware of new tax fraud phone calls scams – Agence du revenu du Canada www.cra-arc.gc.ca › Home › Newsroom › Alert Jun 10, 2015 – Victims receive a phone call from a person claiming to work for the … If you get such a call, hang up and report it to the Canadian Anti-Fraud Centre. … and businesses have in the CRA is a cornerstone of Canada’s tax system.
Tax season brings more tax fraud phone calls on CRA tax scam | CTV Ottawa News ottawa.ctvnews.ca/tax-season-brings-more-calls-on-cra-tax-scam- 2804420 Mar 4, 2016 – It was an automated call, accusing him of tax fraud and requesting him to phone a 6-1-3 number back immediately or “face the consequences.”.
Canada Revenue Agency warning of aggressive tax scam, millions … www.citynews.ca/…/canada-revenue-agency-warning-of-aggressive- tax-s…Feb 4, 2016 – “A lot of it has to do with tax fraud phone calls and demanding immediate payment, threatening arrest, threatening jail, using really aggressive language …
Tax Fraud Phone Calls and Tax Scams | TurboTax Canada https://turbotax.intuit.ca/tax-resources/tax…/tax-fraud-and-tax-scams.jsp Taxpayers who knowingly engage in tax fraud and tax scams face fines, penalties … Unsolic Phone fraud – Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Phone_fraud Communications fraud is the use of telecommunications products or services without intention … A variant is a call forwarding scam, where a fraudster tricks a subscriber into …. monopoly and/or excessive taxation of inbound overseas calls.

Here is the 1 simple secret technique to protect yourself from tax fraud phone calls and similar scams

There is 1 simple secret technique though that most people do not know about. Knowing this will allow you to not fall for the tax fraud phone calls and other tax scams. When you are contacted, do not give out any personal information. Then, either go to your CRA My Account login online or call CRA to check the status of your tax account. You will know that you are dealing with the real CRA and can find out the true status of your tax account. Once you learn that there are no problems with your tax account, then you will not fall prey to the scammers.

Then contact the Canadian anti-fraud centre or phone the CRA fraud phone number. Report the contact the thieves made with you.

What can you do if you have too much debt and now you have been scammed out of the money you were going to use to pay those debts?

Are you insolvent and looking for solutions? The Ira Smith Team is here to offer alternatives to bankruptcy and bankruptcy. We offer the help in Vaughan and throughout the GTA.

Are you an individual or company who feels your situation is hopeless? Ira Smith Trustee & Receiver Inc. can prepare and put in place the plan MADE JUST FOR YOU. The plan will free you from the burden of your financial challenges. With our help, you will go on to live a productive, stress-free, financially sound life.

Our motto is Starting Over, Starting Now! Ira Smith Trustee & Receiver Inc. can help you overcome your financial difficulties. Contact us today.

THIS VLOG WAS INSPIRED IN PART BY OUR eBOOK – PERSONAL BANKRUPTCY CANADA: Not because you are a dummy, because you need to get your life back on track

Tags Canada Revenue Agency, Canadian Anti-Fraud Centre, CRA, CRA fraud phone number, Ira Smith Trustee, starting over starting now, tax fraud phone calls, tax scams