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CRA TAX HELP DEBT RELIEF: THE COMPLETE STORY ON WHAT YOU MUST DO TO GET BEYOND PAYMENT PLANS TO REAL SOLUTIONS

Sarah owns a small café in Toronto. One Tuesday afternoon, she called the Canada Revenue Agency, hoping to get CRA tax help on her business taxes. After 45 minutes on hold, she gave up. Her tax return sat unfinished. What began as a simple question turned into a $12,000 tax debt problem!

Sarah’s story is far from unique. The 2025 Auditor General’s Report to Parliament on the CRA tax help centres reports shocking problems with CRA service in 2024-25:

  • The average wait time to speak with someone hit 33 minutes.
  • Over 8.6 million calls never reached an agent at all.
  • Only 18% of callers got through within the CRA’s 15-minute target.
  • In June 2025, that number dropped below 5%.

When you can’t get CRA tax help when you need it, small problems become big ones. Missed deadlines turn into penalties. Confusion about what you owe becomes a growing debt. For many Canadians and business owners, the question changes from “How do I reach the CRA?” to “How do I deal with tax debt I can no longer manage?”

That’s where my expertise as a Licensed Insolvency Trustee comes in. I’m Brandon Smith, Senior Vice-President at Ira Smith Trustee & Receiver Inc. Our firm has been serving the Greater Toronto Area for decades. We help Canadians and businesses in the GTA, including Vaughan, where our office is located, solve serious debt problems, including CRA tax debt that has spiralled out of control.

Why Getting CRA Tax Help Has Become So Difficult

The 2025 Auditor General’s Report to Parliament states that the numbers paint a clear picture. In 2024-25, the CRA received over 32 million calls. Only about 10 million people actually spoke to an agent. The rest either gave up or were turned away by the system.

Even when you get through, the help isn’t always helpful. The Auditor General found that CRA agents answered only 17% of general tax questions correctly. For business tax questions, the accuracy rate was 54%. The CRA’s chatbot, Charlie, got only one out of three basic questions right.

Customer complaints jumped 145% over three years. People aren’t just frustrated about long waits. They’re dealing with locked online accounts, incorrect information, and problems that never get resolved.

For someone trying to manage their tax obligations properly, this creates a perfect storm. You want to do the right thing, but you can’t get the information you need. Deadlines pass. Interest charges pile up. What started as a manageable situation becomes a serious debt problem.

CRA Tax Help: When CRA Problems Become Debt Problems

There’s a big difference between needing basic CRA tax help and facing a debt crisis. Here are the warning signs that your situation has moved beyond what the CRA can help you resolve:

You’re receiving CRA collection letters or calls. Once your file moves to CRA Collections, you’re dealing with a different part of the agency. They’re focused on getting payment, not answering questions about deductions or helping you file returns.

Your bank account has been frozen. The CRA has the legal power to freeze your bank account without going to court first. If this happens, you need immediate professional help, not a spot in a phone queue.

Your wages are being garnished. The CRA can take money directly from your paycheque to collect tax debt through a document sent to your employer called a “Requirement To Pay“. For many people, this makes it impossible to pay rent, buy groceries, or cover other basic expenses.

You owe multiple years of back taxes. If you’re behind on several tax returns and the total debt is growing, standard CRA payment arrangements may not be enough to solve the problem.

You have other debts, too. Many people with CRA tax debt also carry credit card balances, lines of credit, or business debts. When everything is added together, the monthly payments become impossible to maintain.

You’re borrowing to pay the CRA. Using credit cards or loans to cover tax bills just trades one debt for another. Often at higher interest rates.

Your business owes payroll source deductions. These are the income taxes, CPP, and EI that employers withhold from employee paycheques. The CRA treats unremitted source deductions very seriously. It is a deemed trust claim against the employer’s assets. That means CRA comes ahead of everyone, including secured creditors. Company directors can be held personally responsible for these debts.

If any of these situations sound familiar, you’ve moved beyond needing basic CRA tax help. You need a solution for serious tax debt.

Canadian business owner receiving CRA tax help from a Licensed Insolvency Trustee, showing a transformation from tax debt stress to financial relief
CRA tax help

CRA Tax Help: Why CRA Payment Plans Aren’t Always the Answer

When people finally get through to the CRA, they often try to set up a payment arrangement. The CRA may agree to let you pay your tax debt over time. This can work for some people, but it’s important to understand the limitations.

Interest keeps adding up. CRA payment plans don’t stop the interest charges on your tax debt. Currently, the prescribed interest rate means your balance continues to grow even as you make payments.

One missed payment can cancel the arrangement. If you can’t make a payment, the CRA can cancel your arrangement and resume collection actions like garnishments or account freezes.

It doesn’t address other debts. If you’re putting all your available money toward the CRA but falling behind on rent, car payments, or other bills, you’re not solving your overall financial problem.

The CRA may reject your proposal. If the amount you can afford to pay seems too low, or if you’ve defaulted on previous arrangements, the CRA may not agree to a payment plan at all.

For many Canadians dealing with significant tax debt, there’s a better solution that actually eliminates the debt rather than just stretching out the payments.

How a Licensed Insolvency Trustee Provides Real CRA Tax Help

Licensed Insolvency Trustees are the only professionals in Canada who can legally file Consumer Proposals and Bankruptcies. We’re federally regulated and licensed by the Office of the Superintendent of Bankruptcy.

Here’s what makes us different from other debt help services:

We can stop CRA collection actions immediately. The moment you file a Consumer Proposal or Bankruptcy, all collection efforts must stop by law. This includes wage garnishments, bank account freezes, and collection calls. This legal protection is called a “stay of proceedings.”

We can reduce the amount you owe. Through a Consumer Proposal, you may be able to settle your CRA tax debt for much less than the full amount. The CRA votes on the proposal like any other creditor. We’ve helped many clients reduce their tax debts by 60%, 70%, or even more.

We stop the interest. Once you file, interest charges stop immediately. Your debt finally stops growing.

We deal with all your debts together. A Consumer Proposal or Bankruptcy addresses all your unsecured debts at once—credit cards, lines of credit, tax debt, and more. You get one affordable monthly payment instead of juggling multiple creditors.

We negotiate directly with the CRA. You don’t have to spend hours on hold or worry about explaining your situation to collection agents. We handle all communication with the CRA on your behalf.

Better yet, no time is wasted with the CRA bureaucrats. As your Trustee, we are not required to first complete the CRA Represent a Client form for them to process before being able to speak to us. We start talking right away. This is very important, especially when you need a garnishee or Requirement To Pay lifted.

We protect your assets. In a Consumer Proposal, you can keep your home, car, and other important assets while getting relief from your debts.

Canadian business owner receiving CRA tax help from a Licensed Insolvency Trustee, showing a transformation from tax debt stress to financial relief
CRA tax help

CRA Tax Help: Real Solutions for CRA Tax Debt

Let me explain the two main options we use to provide CRA tax help to people with serious tax debt:

Consumer Proposals: Settle Your Tax Debt for Less

A Consumer Proposal is a legal agreement where you offer to pay your creditors a percentage of what you owe, or extend the time you have to pay, or both. You make one affordable monthly payment over up to five years, and when you complete the proposal, the rest of the debt is legally forgiven.

Here’s an example of how this works for CRA tax debt:

John ran a small contracting business as a sole proprietor. He fell behind on his HST payments and personal income taxes. He owed $45,000 to the CRA plus another $30,000 in credit card debt from trying to keep the business afloat.

The CRA had frozen his bank account. Now he couldn’t run his small business or pay rent on his apartment.

We filed a Consumer Proposal offering to pay what his budget showed he could afford, which was $275 per month for 60 months—a total of $16,500. The bank account freeze was lifted. The CRA and other creditors voted to accept the proposal. John kept his truck (which he needed for work) and got his financial life back on track.

When he finished the proposal five years later, the remaining $58,500 in debt was legally eliminated. He saved $58,500 and avoided bankruptcy.

Bankruptcy: A Fresh Start When You Need It

For some people, even a reduced payment through a Consumer Proposal isn’t affordable. Their monthly budget does not allow for it. That’s when bankruptcy may be the right choice.

Bankruptcy eliminates most debts, including CRA tax debt. Many people worry that bankruptcy means losing everything, but that’s not true. Federal and provincial laws protect essential assets up to certain dollar limits like:

  • Equity in your home
  • One vehicle
  • Household furniture and appliances
  • Tools needed for your work
  • RRSPs (except contributions made in the last 12 months)

People who file for bankruptcy may very well be able to keep the things that matter to them.

Here’s another example:

Maria was a single mother working two part-time jobs, providing her with a modest income. She got behind on her taxes during a period when she was sick and couldn’t work. The CRA debt grew to $28,000 with penalties and interest. She also had $15,000 in credit card debt. CRA tax help alone would not be enough.

Her income was barely enough to cover rent and food for her kids. There was nothing left over for debt payments. The CRA sent a Requirement To Pay to her employer, which meant she couldn’t access her full net paycheque and fell even further behind.

Maria filed for bankruptcy to give herself a fresh start. The CRA had to withdraw its wage garnishment. Her total cost for the bankruptcy was $2,400. It was her first bankruptcy, so nine months later, she received her discharge and all $43,000 in debt was eliminated.

Even before she was discharged, Maria began rebuilding her credit rating and took control of her financial situation again. Her kids don’t go without anymore and there is no longer any financial stress in her household.

CRA Tax Help: Special Considerations for Business Owners

If you’re a business owner in need of CRA tax help, there are some unique issues you need to understand:

Director’s Liability. If your corporation owes unremitted payroll source deductions (the taxes withheld from employee pay), or unremitted HST, you can be held personally responsible as a director. This means the CRA can come after your personal assets for the company’s debt.

GST/HST Debt. Just like unremitted payroll source deductions, Goods and Services Tax or Harmonized Sales Tax that you collected but didn’t remit is considered “trust money” that belongs to the government. The CRA treats this very seriously and is often unwilling to compromise on these debts.

Sole Proprietorships and Partnerships. If you operate as a sole proprietor or partner, business debts and personal debts are legally the same. You can’t separate them. A Consumer Proposal or Bankruptcy addresses both together.

Continuing Your Business. Many business owners worry that filing a proposal or bankruptcy means they have to close their business. That’s not always true. We can often structure solutions that allow you to keep operating while dealing with the debt. In the case of corporate bankruptcy, the business could continue, albeit in a new corporation. It all depends on the specific set of facts.

The key is getting professional advice before the situation becomes desperate. The earlier you talk to a Licensed Insolvency Trustee, the more options you have.

Canadian business owner receiving CRA tax help from a Licensed Insolvency Trustee, showing a transformation from tax debt stress to financial relief
CRA tax help

Why Choose Ira Smith Trustee & Receiver Inc. for Debt Help, Including CRA Tax Help

At Ira Smith Trustee & Receiver Inc., we’ve been helping Canadians in Toronto, Vaughan, Markham, Mississauga, Richmond Hill, Newmarket and Aurora, and businesses in the GTA solve serious debt problems for decades. Here’s what you can expect when you work with us:

Free, confidential consultation. We’ll review your complete financial situation at no cost and with no obligation. You’ll get honest advice about all your options, not just a sales pitch for one solution.

Experience with CRA debt. We’ve negotiated with the CRA too many times to count. We understand how they think, what they’ll accept, and how to protect your interests.

Personal service. You’ll work directly with me or the other Licensed Insolvency Trustee in our office, Ira Smith. We won’t hand you off to junior staff or a call centre. You’ll have direct access to experienced professionals who care about solving your problem.

Transparent fees. We’ll explain exactly what our services cost before you make any decisions. No hidden charges or surprises.

Complete solutions. We look at your whole financial picture, not just one piece of it. If you need help with creditors beyond the CRA, we address everything together.

Proven results. We’ve helped individuals and businesses get relief from overwhelming debt and build a better financial future, Starting Over Starting Now.

CRA Tax Help FAQs

Q: Why is it so difficult to get help from the Canada Revenue Agency (CRA)?

A: The difficulty stems from high call volumes and poor service levels.

• In 2024–25, the CRA received over 32 million calls.
• Only about 10 million people actually spoke to an agent.
• The average wait time to speak with someone hit 33 minutes.
• Over 8.6 million calls never reached an agent at all.
• Even when callers got through, the help was often inaccurate; CRA agents answered only 17% of general tax questions correctly and 54% of business tax questions correctly.

Q: What happens when I can’t get CRA tax help?

A: When you cannot get help, small problems often become big ones.

Missed deadlines can result in penalties, and confusion about what you owe can lead to growing debt. Customer complaints also jumped 145% over three years due to frustration over long waits, incorrect information, and problems that remain unresolved.

Q: What are the warning signs that my CRA tax problem has become a serious debt crisis?

A: Your situation has moved beyond needing basic CRA tax help if you are experiencing the following:
• You are receiving CRA collection letters or calls; at this stage, the agency is focused on obtaining payment, not answering tax questions.
• Your bank account has been frozen, which the CRA can legally do without first going to court.
• Your wages are being garnished through a “Requirement To Pay” sent to your employer.

• You owe multiple years of back taxes and the total debt is increasing.
• You have other debts (e.g., credit cards, lines of credit) that make monthly payments impossible to maintain when combined with tax debt.
• You are borrowing (using credit cards or loans) just to cover tax bills, trading one debt for another, often at higher interest rates.
• Your business owes payroll source deductions (income taxes, CPP, and EI withheld from employee pay), which the CRA treats very seriously as a “deemed trust claim”.

Q: Why are CRA payment plans not always the right solution for severe tax debt?

A: While the CRA may agree to payment arrangements, they have significant limitations:
• Interest keeps adding up on your tax debt, meaning the balance continues to grow even while you make payments.
• One missed payment can cancel the arrangement, allowing the CRA to resume collection actions like garnishments or account freezes.
• A payment plan only addresses the tax debt and does not address your other debts (e.g., rent, car payments), failing to solve your overall financial problem.
• The CRA may reject your proposal if the amount you can afford seems too low or if you have defaulted previously.

Q: Who is a Licensed Insolvency Trustee, and how are they different from other debt help services?

A: A Licensed Insolvency Trustee is a professional who is federally regulated and licensed by the Office of the Superintendent of Bankruptcy. They are the only professionals in Canada legally permitted to file Consumer Proposals and Bankruptcies.

Q: How can an LIT provide real solutions for CRA tax debt?

A: LITs offer several key benefits that resolve serious tax debt:
• They can stop CRA collection actions immediately upon filing a Consumer Proposal or Bankruptcy through a legal protection called a “stay of proceedings”. This stops wage garnishments and bank account freezes.
• They can reduce the amount you owe. Through a Consumer Proposal, clients have settled tax debts for 60%, 70%, or even more than the original amount.

• They stop interest charges immediately once the proposal or bankruptcy is filed, preventing the debt from growing further.
• They deal with all your unsecured debts together (including credit cards, lines of credit, and tax debt), consolidating them into one affordable monthly payment.
• They negotiate directly with the CRA on your behalf, handling all communication. As a Trustee, they are not required to complete the CRA Represent a Client form before speaking to the CRA, which is crucial when needing a garnishee lifted quickly.

Q: What is a Consumer Proposal and how does it affect CRA debt?

A: A Consumer Proposal is a legal agreement where you offer your creditors a percentage of what you owe, or extend the time to pay, or both.
• It involves one affordable monthly payment over a period of up to five years.
• When the proposal is completed, the remaining debt is legally forgiven.
• The CRA votes on the proposal like any other creditor.
• Filing a Consumer Proposal allows you to keep essential assets such as your home and car while getting debt relief.

Q: Will I lose everything if I file for bankruptcy?

A: No, that is not true. Bankruptcy eliminates most debts, including CRA tax debt. Federal and provincial laws protect essential assets up to certain dollar limits, such as equity in your home, one vehicle, household furniture, tools needed for work, and most RRSPs (except contributions made in the last 12 months).

Q: As a business owner, what special tax debts should I be concerned about?

A: Business owners face unique issues related to “trust money”:
Director’s Liability: If a corporation owes unremitted payroll source deductions or unremitted HST, the company’s directors can be held personally responsible for these debts, allowing the CRA to pursue personal assets.
Trust Money: Unremitted payroll source deductions and GST/HST collected but not remitted are considered “trust money” belonging to the government. The CRA treats these debts very seriously and is often unwilling to compromise on them.

Q: If I file a Proposal or Bankruptcy, does that mean I have to close my business?

A: Not necessarily. Solutions can often be structured to allow you to keep operating the business while dealing with the debt. If the business is a sole proprietorship or partnership, the business and personal debts are legally the same and are addressed together. In the case of corporate bankruptcy, the business could potentially continue in a new corporation, depending on the specific facts.

Canadian business owner receiving CRA tax help from a Licensed Insolvency Trustee, showing a transformation from tax debt stress to financial relief
CRA tax help

CRA Tax Help: Take Action Before Your CRA Tax Debt Gets Worse

If you’re struggling with CRA tax debt, waiting won’t make it better. The penalties and interest keep adding up in your CRA account. The CRA’s collection powers are extensive, and they will use them.

But there is a way forward. Whether through a Consumer Proposal that reduces what you owe, a corporate restructuring or bankruptcy that gives you a complete fresh start, you have options that can stop the collection actions and eliminate the debt.

The first step is simply reaching out for a free consultation. We’ll spend time understanding your situation, explain what’s possible, and help you make an informed decision about the best path forward.

You don’t have to spend hours waiting on hold with the CRA. You don’t have to face collection agents alone. You don’t have to keep losing sleep worrying about tax debt.

Contact Ira Smith Trustee & Receiver Inc. today for a free, confidential consultation. Call us or visit https://irasmithinc.com/ to find out how we can help you, Starting Over Starting Now.

Real CRA tax help isn’t just about getting your questions answered. It’s about getting real solutions that eliminate the debt and give you back control of your financial life. Let us show you how.


About the Author: Brandon Smith is Senior Vice-President at Ira Smith Trustee & Receiver Inc., a licensed insolvency trustee firm serving the Greater Toronto Area. With decades of experience helping Canadians and businesses resolve serious debt problems, Brandon specializes in providing practical solutions for tax debt, consumer debt, and business insolvency matters. Ira Smith Trustee & Receiver Inc. is licensed and regulated by the Office of the Superintendent of Bankruptcy Canada.

The information provided in this 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 should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.

Canadian business owner receiving CRA tax help from a Licensed Insolvency Trustee, showing a transformation from tax debt stress to financial relief
CRA tax help
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WHEN TO FILE BANKRUPTCY: OUR COMPREHENSIVE GUIDE ON WHEN IS THE RIGHT TIME TO FILE FOR BANKRUPTCY

When to file bankruptcy to get a fresh start

Definition of Bankruptcy

Are you feeling overwhelmed by unmanageable debt? Then bankruptcy might be the perfect solution
for you. Bankruptcy can be defined as a legal process that can help people and businesses get out of their financial binds.

Though the thought of filing for bankruptcy may be daunting, it can be the best option when you’re facing unexpected expenses or other emergency situations.

To make sure you’re making the right decision, it’s important to understand when to file bankruptcy and what you can expect. Bankruptcy allows a person to get back on top of their finances and start fresh. Weighing the pros and cons of filing for bankruptcy can be an alarming task, but it can ultimately be the best when your back is against the wall with debt. This Brandon’s Blog lets you find out when to file bankruptcy, what you should expect and what the bankruptcy alternatives are.

What is Bankruptcy and How Does it Work?

Bankruptcy in Canada is a liberating process for those who have found themselves under a burden of debt. The Bankruptcy and Insolvency Act (Canada) (BIA) provides debtors with a discharge from most debts, allowing them to have a fresh start in their financial lives. The process is designed to help those who cannot pay their bills as they come due, and have no way of paying back their debt load. By taking advantage of the bankruptcy discharge, individuals can find themselves free from the chains of debt and start anew. On the other hand, unlike a person, a company that files for bankruptcy will not survive in the long run, and thus, there is no discharge process for a company.

when to file bankruptcy
when to file bankruptcy

When to File Bankruptcy?

Don’t let debt take the life out of you! Bankruptcy law can give you the fresh start you need. Although not to be taken lightly, a bankruptcy filing can be an absolute lifesaver when the debt becomes too much to bear.

Filing for bankruptcy is no small decision and has the potential to drastically alter your financial future. It’s essential to be informed on when to file bankruptcy and the process involved to ensure that your credit and ability to access money in the future are not adversely affected.

Start the legal process off right by filing for bankruptcy with the help of a licensed insolvency trustee (formerly called a bankruptcy trustee) (LIT or Trustee). The LIT will submit all the documents at once and get the ball rolling.

When an individual has too much consumer debt and files for bankruptcy, the LIT takes possession of their property and assets (subject to provincial government exemptions). The Trustee is the appointed authority in charge of liquidating the assets and depositing the proceeds into a trust account that will eventually be distributed among the creditors in the priority laid out in the BIA.

It is crucial to understand when to file bankruptcy and the process involved to make informed decisions about one’s financial future.

When to file bankruptcy: Identifying signs of financial distress

Here are 5 common signs of financial distress:

  1. Consistent inability to pay billsConsistent inability to pay bills can be a difficult and stressful situation for individuals and companies. There are various options for managing late bill payments, however, missing bill payments can have negative financial impacts. It is important to be proactive in finding a solution, as missing bill payments may result in consequences such as eviction, cutting off of necessary supplies and financial penalties. Options for managing late bill payments vary, depending on the type of bill, such as rent or mortgages as opposed to suppliers of goods or services.
  2. Increased collection activity and legal threats – Balances in collections are the result of outstanding debts that have not been paid. The collection process and the behaviour of debt collection agencies and debt collectors are stressful. Provincial law dictates the rights of consumers when it comes to debt collection and debt collectors.The statute of limitations to collect a debt is also a matter of provincial jurisdiction. Debts are statute-barred after the period prescribed by the law for bringing legal action against the consumer to collect a debt. A debt is considered time-barred if the applicable statute of limitations has expired.
  3. Are you buried in debt and feeling overwhelmed? A hefty burden of financial obligations without a plan of attack can lead to a seemingly never-ending cycle of debt, with high-interest payments and a lack of hope. Alternatively, an overly ambitious plan can leave you feeling like freedom from debt is unattainable. The stress of debt can have a major toll on your mental health. It’s time to take control and devise a sensible debt repayment strategy to ultimately become debt-free and reduce the interest you pay.
  4. Tempted to use a credit card for all your needs? Be careful; it can be easy to go overboard and put yourself into financial hardship. When you use credit cards, you risk overspending, inflating your credit utilization ratio, and even opening yourself up to identity theft and credit card fraud. Don’t take the chance – think twice before swiping!
  5. Increasingly relying on personal loans from friends and family – The dangers of relying on loans from friends and family include broken promises or agreements. There may be confused assumptions about the loan, which can lead to misunderstandings.Additionally, not setting up clear and defined terms for repayment could lead to problematic personal relationships. A loan from friends and family could also provide tax problems depending on how it is set up and how interest payments, principal repayments and/or loan forgiveness are treated on tax returns, or not, as the case may be.

    when to file bankruptcy
    when to file bankruptcy

When to file bankruptcy: The process of filing for bankruptcy

The process of filing for bankruptcy in Canada is handled by a Trustee under the supervision of the Office of the Superintendent of Bankruptcy Canada (OSB) under the BIA. The time to complete the bankruptcy process for a 1st time bankrupt with no surplus income, where neither the Trustee nor any creditor opposes the individual bankrupt’s discharge is 9 months. If a first-time bankrupt gets a discharge at the 9-month point, then they have received an automatic discharge from the LIT. During bankruptcy, the creditors can no longer harass the bankrupt person or carry out legal proceedings or wage garnishments.

The LIT provides an information form for the person to complete, and uses that information to prepare and then file the bankruptcy paperwork. The LIT needs personal information (name, address, birth date), a list of creditors and a list of assets. The LIT then files the bankruptcy documents electronically with the OSB and then they will issue a Certificate confirming the acceptance of the bankruptcy filing. It is the day and time of the issuance of the OSB’s certificate that marks the beginning of the bankruptcy process.

When to file bankruptcy: What is the impact of filing for bankruptcy?

Once your bankruptcy is filed, there is an immediate stay of proceedings. This means that unsecured creditors cannot begin or continue lawsuits, wage garnishees, or even contact you to request payment. Within five days of the bankruptcy starting, the LIT will send a copy of the bankruptcy paperwork to creditors so they can file a claim.

Overview of the bankruptcy process

Can I keep my assets when I file for bankruptcy? In most cases, yes. However, the trustee may sell some assets to pay off your creditors. The assets you can keep will depend on your province’s exemptions. The Trustee’s job is to manage the sale of the bankrupt’s assets and place the proceeds into a trust, safeguarding them for the creditors. In other words, the Trustee is a guardian of funds, making sure everything is handled properly.

Are you worried that filing for bankruptcy will destroy your credit? Don’t fret – while bankruptcy will certainly leave its mark on your credit report, it’s far from a death sentence. Once your bankruptcy is approved, you can start taking steps toward restoring your financial health. A fresh start is waiting – be smart and make decisions that will get you back on the right track!

Wondering just how long you’ll be in bankruptcy? That all depends! If it’s your first-time bankruptcy filing with no surplus income, it should only last nine months. But if you’ve filed for bankruptcy more than once and don’t have surplus income, it will take 21 months. For those who have surplus income, this process will take longer.

2 financial counselling sessions. In a consumer restructuring or bankruptcy administration under the BIA, the debtor is required to go through two financial counselling sessions with the LIT. The reason is that one of the objectives of the BIA is financial rehabilitation. Financial education and teaching financial literacy tips are important parts of that rehabilitation.

Requirements for filing bankruptcy

To be eligible to file for bankruptcy in Canada, you must meet certain requirements. You must owe at least $1,000 in unsecured debt and be unable to pay your debts as they come due. You must also be insolvent, meaning you owe more than the value of the assets you own. Additionally, you must either reside, do business or have property in Canada. There are other acts of bankruptcy contained in the BIA, but the normal requirement is as I just described.

Role of Trustees in the bankruptcy process

The role of a LIT in Canada is to assist individuals or companies in the bankruptcy process as laid out by the BIA. They help to explain to the debtor the various options in dealing with their debt and provide advice on the best course of action. The Trustee also prepares the necessary paperwork, including reviewing the debt and completes the process from start to finish. One of the key responsibilities of the Trustee is to take possession of the property not exempt under provincial law, or subject to a trust or secured claim. The LIT then does this by selling the available assets and depositing the funds in trust for the creditors in the bankruptcy administration.

when to file bankruptcy
when to file bankruptcy

When to file bankruptcy: Alternatives to Bankruptcy

There are several alternative solutions that a LIT can recommend to a debtor in solving their debt problems. Bankruptcy is always the last resort and is to be avoided if at all possible. The main alternative solutions are:

Debt consolidation and debt management plans

In Canada, consolidation loans are available to assist individuals in reducing their high-cost debt payments. If you qualify for such a loan, it is an advantageous solution. These debts may include credit cards, payday loans, and unpaid tax obligations. By consolidating higher-interest-rate debts into one lower-interest-rate loan, it is possible to make affordable monthly payments and work toward eliminating debt.

If you’re in need of financial help, a Debt Management Plan (DMP) may be the answer. A DMP is an effective way to repay credit card debt, and with the help of a non-profit, no-cost credit counselling agency, you can get the support to make it work. The agency will assess your situation to ensure that a DMP is the best option for you. Put your debt worries to rest and take the first step towards a sound financial future with a DMP.

Both debt consolidation and debt management plans aim to help individuals in Canada manage their debt effectively.

Credit counselling and financial planning

Credit counselling and financial planning can help someone who has many debts. The services are provided by accredited credit counsellors working for non-profit credit counselling organizations. A credit counsellor will assess the financial situation of an individual and provide tips on dealing with debt. Financial planning and budgeting will be an important part of the process.

If the individual decides to sign up for a DMP, the counsellor will contact creditors on their behalf to request reducing or eliminating the interest rate or fees on their debts. In some cases, the creditors may agree to these requests.

Debt settlement, restructuring and negotiation with creditors

Debt restructuring, also known as debt negotiation, is the process of negotiating the terms and conditions of debt repayment with creditors. This process can be carried out by the consumer or company themselves seeking alternative repayment options. The goal is to reach a mutually agreed-upon arrangement that is more manageable for the consumer or company to repay their debt. It can involve the forgiveness of interest, stopping the interest clock and even the forgiveness of principal. If the company or consumer handles the discussions themselves, or with the help of their accountant, it is called an informal restructuring.

When a consumer or company restructures their debt with the help of a LIT under the BIA, they would file either a consumer proposal or a Division I proposal restructuring. A large company could also restructure under the Companies’ Creditors Arrangement Act.

When to file bankruptcy: Conclusion

Personal bankruptcy or corporate bankruptcy, and when to file bankruptcy, is a big decision, but it can be the right one when you’re overwhelmed with debt. You can make an informed decision by understanding the basics of bankruptcy, including when to file and what to expect. If you’re struggling with debt and considering bankruptcy, it’s important to speak with a professional who can help you assess your options. Bankruptcy can be a fresh start for your financial future, but it’s important to understand the consequences and work with a professional to determine if it’s the right choice for you.

I hope you enjoyed this when to file bankruptcy Brandon’s Blog.

Revenue and cash flow shortages are critical issues facing entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Those concerns are obviously on your mind. Coming out of the pandemic, we are now worried about its economic effects of inflation and a potential recession.

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

It is not your fault you can’t fix this problem on your own. 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 makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. 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.

We understand 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.

when to file bankruptcy
when to file bankruptcy
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