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PROTECTION FROM CREDITORS: WHAT TORONTO ENTREPRENEURS ABSOLUTELY NEED TO KNOW BEFORE IT’S TOO LATE

Toronto entrepreneur standing at crossroads between business debt storm and financial protection path with CN Tower skyline in background
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protection from creditors

Protection From Creditors: The Real Problem Toronto Business Owners Face

I need to start by reminding you that I am a licensed insolvency trustee, not a lawyer. This Brandon’s Blog on protection from creditors is not about how to hide your assets from creditors when financial trouble looms. It is also not legal advice. For that, you need to see your lawyer.

Rather, this is for informational purposes about the realization that pretty much every Toronto entrepreneur risks losing their assets to business debt. This Brandon’s Blog is meant to provide practical steps to gain protection from creditors for your personal assets while resolving business financial troubles from a licensed insolvency trustee with many success stories.

Meet Carlos. He started a food truck in Toronto selling arepas in 2022. By 2024, food costs doubled, and he took out a $100,000 loan using his North York home and his food truck as collateral. Now, he’s three months behind on payments. The bank wants his business AND his house.

Carlos isn’t alone. Nearly 3 out of 4 small business owners in Ontario lose sleep over mixed personal and business debts. With consumer debt hitting record highs and business bankruptcies up almost 18% in Ontario last year, keeping your business problems from becoming problems for your personal financial affairs is crucial.

Protection From Creditors: Why Your Business Debt Becomes Personal -Three Common Traps

Trap #1: Using Personal Credit Cards for Business

“I just needed to buy supplies quickly.”

The hard truth: When you swipe your card for business expenses, you’re personally responsible for that debt. 68% of new businesses use personal credit.

Trap #2: Signing Personal Guarantees

“The bank said I had to sign my name to get the loan.”

The hard truth: Almost all Canadian small business loans (92%) require personal guarantees. Last year, a Mississauga contractor lost his heavily mortgaged home because he guaranteed a $350,000 equipment loan he could not repay.

Trap #3: Mixing Money

“I don’t have time to keep everything separate.”

The hard truth: When your personal and business money flows through the same accounts, you’re asking for trouble. Almost 9 out of 10 bankruptcy cases get more complicated and expensive because of mixed finances.

Toronto entrepreneur standing at crossroads between business debt storm and financial protection path with CN Tower skyline in background
protection from creditors

Four Ways Toronto Entrepreneurs Can Get Protection From Creditors

Option 1: Creditor Protection Through Business Restructuring (For Incorporated Companies)

This uses Canada’s Companies’ Creditors Arrangement Act (CCAA) or the restructuring provisions of the Bankruptcy and Insolvency Act (BIA) to:

  • Keep your business running while you work out new payment terms
  • Shield your personal stuff from business creditors

Real example: A restaurant group kept six locations open through this process last year.

Good points:

  • Protects your personal assets
  • Keeps your employees working

Not-so-good points:

  • CCAA only works for bigger companies ($5+ million in debt) and is court-driven and therefore very expensive.
  • For companies that owe less than $5 million, the restructuring provisions of the BIA are available and is a less costly process than the CCAA. Technically, nothing is stopping a debtor that qualifies under the CCAA to use the BIA instead.
  • Takes 6-18 months to complete

Option 2: Consumer Proposal (Perfect for Many Small Unincorporated Business Owners)

A consumer proposal can legally:

  • Cut up to 80% off your total debt
  • Let you keep your assets if completed successfully
  • Stop collection calls, lawsuits, and bank account seizures immediately

Real example: A Scarborough sole proprietor cut $150,000 in mixed debts down to $30,000 through a consumer proposal.

How it works:

  1. Meet with a licensed insolvency trustee (free first meeting)
  2. File paperwork under the BIA
  3. Make one affordable monthly payment for up to 5 years that your unsecured creditors have agreed to either at a meeting of creditors (if required) or having agreed in advance, and therefore no meeting is necessary

Option 3: Strategic Personal Bankruptcy

Sometimes starting fresh makes the most sense, especially when:

  • Your business can’t be saved
  • You need immediate relief from overwhelming debt
  • You don’t own any or many assets

What Can You Keep? Ontario’s 2025 Bankruptcy Exemptions

When dealing with serious debt problems, many Toronto entrepreneurs worry they’ll lose everything. Good news – Ontario law lets you keep certain things even during bankruptcy or proposals.

Your Home

You can keep your home if: You have $10,783 or less in equity (that’s your home’s value minus what you still owe on your mortgage).

You might lose your home if: Your equity is higher than $10,783. In that case, the trustee might sell your home to pay creditors, but you’d still get the first $10,783.

What Else Can You Keep?

Household Items: Furniture, appliances, dishes, and food up to $14,180

Work Tools: Equipment you need for your job or business up to $14,450

Your Car: One vehicle worth up to $6,600

Clothes: All your necessary clothing, no dollar limit

Retirement Savings: Most RRSPs are protected (except money you put in during the 12 months before filing)

Life Insurance: Many policies are protected from creditors

For Farmers: Special protections for livestock, equipment, and tools up to $31,379

Real-World Example: I will call this woman Samira. When Samira, a Toronto web designer, filed for bankruptcy, she kept her car valued at $5,000, her computer equipment (valued at $8,000), and her condo (because her equity was only $9,000). This gave her the fresh start she needed without losing essential assets. She still had lots of secured debt, which is another issue, but she did not have to give up those assets.

Note: These exemption numbers can change yearly with regulations. Always check with a licensed insolvency trustee for the most current exemption amounts.

Option 4: Debt Consolidation (The 2025 Method)

Many Toronto entrepreneurs are now:

  • Working with alternative lenders to the big banks, such as credit unions
  • If of sufficient value, using business equipment as collateral instead of their homes

Warning: Be careful with this option. Nearly half of consolidated debts end up in default within two years.

Get Protection From Creditors Today: The One-Hour Checklist

Step 1: Separate Your Money (This Afternoon)

  • Open business accounts at a different bank from your personal accounts
  • Stop using credit cards that you cannot afford to pay off monthly for business expenses
  • Set up automatic transfers for your business’s “salary”

Step 2: Document Everything (This Evening)

  • Take photos of all business equipment
  • Make copies of all loan agreements
  • Create a list of who you owe money to (both business and personal)

Step 3: Get Help (This Week)

  • Contact the Ontario Business Legal Clinic for free advice
  • Visit Toronto’s Office of Financial Empowerment
  • Calculate your business debt ratio (Total Debts ÷ Total Assets)

    Toronto entrepreneur standing at crossroads between business debt storm and financial protection path with CN Tower skyline in background
    protection from creditors

Protection From Creditors: Real Toronto Success Stories

The Tech Startup That Bounced Back

Problem: A Markham software company owed $2.3 million to creditors, both secured creditors and unsecured creditors. The founder had used his $900,000 condo as loan collateral.

Solution: Through a court-supervised restructuring, the company cut their debt by 60%. Today, they’re profitable and employ 12 people.

The Food Truck Owner Who Saved His Home

Problem: Carlos (from our opening story) had $230,000 in combined debt. The CRA was about to garnish his income.

Solution: Through a consumer proposal, he reduced his unsecured debt to $30,000 and will be paying it off over five years ($500 monthly). He can pay that along with his bank loan payments and therefore keep his home and his food truck.

Protection From Creditors: Three Things To Do Before Friday

  1. Download our free worksheet: “Toronto Debt Relief Worksheet“. Fill out all the requested information. Warning: it asks for a lot of information because it aims to look at every important aspect of your financial situation.
  2. Review carefully all the information you filled in: If you were honest and completed the whole worksheet, the issues you need to work on will jump right off the page at you.
  3. Book your free consultation: If the worksheet highlights issues you don’t know what the best solution would be to fix them, contact us for a no-cost consultation.

    Toronto entrepreneur standing at crossroads between business debt storm and financial protection path with CN Tower skyline in background
    protection from creditors

Top Questions Toronto Business Owners Ask About Debt Protection From Creditors

Q: Why should I worry about separating business and personal debt?

A: Almost 60% of Toronto entrepreneurs end up losing personal assets because of business debts. With business bankruptcies up 17.8% in Ontario last year and consumer debt hitting record highs, keeping these separate isn’t just smart—it’s survival. Many of my clients couldn’t sleep at night until they protected their personal finances from business troubles.

Q: Can the CRA take my house for business taxes?

A: Yes, if:

  • Your business is incorporated but has unpaid employee source deductions or outstanding HST. That is a personal liability of all directors, notwithstanding your business is run by a separate legal entity.
  • You operate your business as a proprietorship or partnership. In those situations, your business debts are also your personal debts.

We helped several Toronto families keep their homes from CRA collection last year alone. The CRA has stronger collection powers than most creditors and can place liens on your property for unpaid taxes.

Q: My business is incorporated—doesn’t that protect me automatically?

A: This is a dangerous myth I see hurting Toronto entrepreneurs. Incorporation only protects you if you never personally guaranteed any loans or credit cards. The truth? About 92% of Canadian small business loans require personal guarantees, which means your home and savings are still at risk.

Q: How fast can I stop collection actions?

A: As soon as you do an insolvency filing. It is something called the “stay of proceedings” that kicks in. This legally stops all collection efforts immediately, usually within 5-7 days of your first meeting with a licensed insolvency trustee. Last month, we helped a restaurant owner stop garnishment actions that were just 48 hours away from freezing her accounts.

Q: How do I know if I’ve fallen into the “mixed finances trap”?

A: Check these warning signs: Do you use the same credit card for groceries and business supplies? Is your business operating account at the same bank as your personal chequing account? Have you ever transferred money between personal and business accounts without proper documentation? If you answered yes to any of these, you need to take action immediately.

Q: What’s better for a small business owner—bankruptcy or consumer proposal?

A: For most Toronto entrepreneurs I work with, either a consumer proposal or a BIA restructuring proposal (for those who owe more than the consumer proposal limit of creditors in excess of $250,000, not including any debts secured against your home) offers a better alternative. You can keep your assets (including your home), reduce unsecured debts by up to 75%, and rebuild your credit faster. Bankruptcy should be your last resort, though it works well when you need immediate relief and don’t have significant assets to protect.

Q: How do I know which debts are dischargeable in bankruptcy?

A: Most business and personal unsecured debts can be eliminated through bankruptcy, including credit cards, lines of credit, and supplier accounts. However, some debts survive bankruptcy, including student loans less than seven years since you stopped being a student, court fines, and child support. I recommend bringing a complete list of your debts to your consultation for a personalized assessment.

Protection From Creditors Conclusion

I hope you’ve found this protection from creditors Brandon’s Blog, helpful. There is a lot of uncertainty in business today. The time to properly plan to gain asset protection from creditors is when you begin your business. Once your business is in financial trouble, it is too late.

If you or someone you know is struggling with too much debt, remember that the financial restructuring process, while complex, offers viable solutions with the right guidance. As a licensed insolvency trustee serving the Greater Toronto Area, I help entrepreneurs understand their options and find a path forward during financial challenges.

At the Ira Smith Team, we understand the financial and emotional components of debt struggles. We’ve seen how traditional approaches often fall short in today’s economic environment, so we focus on modern debt relief options that can help you avoid bankruptcy while still achieving financial freedom.

The stress of financial challenges can be overwhelming. We take the time to understand your unique situation and develop customized strategies that address both your financial needs and emotional well-being. There’s no “one-size-fits-all” approach here—your financial solution should be as unique as the challenges you’re facing.

If any of this sounds familiar and you’re serious about finding a solution, reach out to the Ira Smith Trustee & Receiver Inc. team today for a free consultation. We’re committed to helping you or your company get back on the road to healthy, stress-free operations and recover from financial difficulties. Starting Over, Starting Now.

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.

Toronto entrepreneur standing at crossroads between business debt storm and financial protection path with CN Tower skyline in background
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Brandon Blog Post

RECEIVERSHIP BANKRUPTCY DIFFERENCE CANADA: WHAT A TRUSTEE SAYS ABOUT IT

Introduction

The purpose of this blog is to discuss the corporate receivership bankruptcy difference Canada. Every general security agreement defines exactly how the secured lender will certainly deal with obtaining his/her cash when it comes to default. One means to do this is by selecting a receiver.

A receiver or receiver/manager is an individual/company licensed by the Federal Government to act as a licensed insolvency trustee. The receiver can be appointed either by an instrument in writing or by a court order. A receivership administration falls under the Bankruptcy and Insolvency Act (Canada) (BIA), where the receiver takes possession and control over the assets to of the insolvent business.

The receiver or receiver/manager will certainly seize the properties covered under the lender’s security or covered by the court order. The receiver will also develop a plan to market the assets for sale. After paying any type of priority claims as well as the receivership administration costs, the net funds are paid to the first secured creditor.

receivership bankruptcy difference canada

Can you have both at the very same time?

Sometimes there is both a bankruptcy plus a receivership. Receivership is a treatment for secured creditors, such as financial institutions. Bankruptcy is a treatment for unsecured creditors.

Receivership bankruptcy difference Canada: Bankruptcy

A business could be placed right into bankruptcy by any one of the following methods:

  1. a creditor could apply for a bankruptcy order putting the business right into bankruptcy through the courts;
  2. the directors could assign the corporation right into bankruptcy;
  3. a restructuring proposal could be voted down at the meeting of creditors; or
  4. a restructuring proposal could be annulled by the trustee or creditor for non-compliance.

There are many reasons that a corporation could go into bankruptcy. These consist of the following:

  1. The firm has defaulted under its premises lease, the landlord distrains against the firm’s possessions. A bankruptcy or a notice to make a proposal filed before the property owner finishes the sale of assets defeats the lease distraint.
  2. The firm has unsecured assets (i.e., possessions without a lender’s security registered against it) that are available to be realized upon. Also, the firm cannot carry on business any longer.
  3. If a restructuring proposal is submitted, but the company could not get adequate funding to continue its business and complete the proposal.
  4. To reorganize the statutory priorities.
  5. To officially bring the business to an end as well as give a complete report to the creditors so they will not believe the principals engaged in any kind of misbehaviour.

Receivership bankruptcy difference Canada: Corporate Bankruptcy

In a company bankruptcy, the licensed insolvency trustee seizes all the business’s properties plus deals with all the creditors. The directors and management of the company accept the authority of the trustee; if requested by the trustee, they can as well as aid the trustee in his/her tasks. This eliminates them from all the stress of dealing with the creditors as well as running the cash-starved business.

Receivership bankruptcy difference Canada: Making the Application to Put a Debtor Into Bankruptcy

If a creditor is incapable of recovering the amount owed to it with any one of the readily available techniques which can be done, they may look to a bankruptcy application. This is especially so having actually acquired a judgment for the quantum owing which has not been satisfied. The BIA allows for the licensed insolvency trustee, once appointed, to take possession in an organized way, the assets of an insolvent debtor, to realize upon those assets and to then distribute the funds according to the scheme of priority in the BIA.

The BIA allows for the benefit of both bankrupts and their creditors. While the Act is not planned for usage as a device for the collection of private financial obligations, this may be the case in specific situations.

Receivership bankruptcy difference Canada: When is a Creditor Allowed making a Bankruptcy Application?

An unsecured creditor could apply for a bankruptcy order where:

  1. the lender is owed $1,000 or even more on an unsecured basis, and
  2. there has actually been an act of bankruptcy by the borrower within the 6 months that come before the filing of the application. Keep in mind that a secured lender can value its security at less than the overall amount owing to develop a partly unsecured debt.

The BIA states that acts of bankruptcy consist of the following:

  1. if in Canada or elsewhere he makes an assignment of his property to a trustee for the benefit of his creditors generally, whether it is an assignment authorized by this Act or not;
  2. if in Canada or elsewhere the debtor makes a fraudulent gift, delivery or transfer of the debtor’s property or of any part of it;
  3. if in Canada or elsewhere the debtor makes any transfer of the debtor’s property or any part of it, or creates any charge on it, that would under this Act be void or, in the Province of Quebec, null as a fraudulent preference;
  4. if, with intent to defeat or delay his creditors, he departs out of Canada, or, being out of Canada, remains out of Canada, or departs from his dwelling house or otherwise absents himself;
  5. if the debtor permits any execution or other process issued against the debtor under which any of the debtor’s property is seized, levied on or taken in execution to remain unsatisfied until within five days after the time fixed by the executing officer for the sale of the property or for fifteen days after the seizure, levy or taking in execution, or if any of the debtor’s property has been sold by the executing officer, or if the execution or other process has been held by the executing officer for a period of fifteen days after written demand for payment without seizure, levy or taking in execution or satisfaction by payment, or if it is returned endorsed to the effect that the executing officer can find no property on which to levy or to seize or take, but if interpleader or opposition proceedings have been instituted with respect to the property seized, the time elapsing between the date at which the proceedings were instituted and the date at which the proceedings are finally disposed of, settled or abandoned shall not be taken into account in calculating the period of fifteen days;
  6. if he exhibits to any meeting of his creditors any statement of his assets and liabilities that shows that he is insolvent, or presents or causes to be presented to any such meeting a written admission of his inability to pay his debts;
  7. if he assigns, removes, secretes or disposes of or attempts or is about to assign, remove, secrete or dispose of any of his property with the intent to defraud, defeat or delay his creditors or any of them;
  8. if he gives notice to any of his creditors that he has suspended or that he is about to suspend the payment of his debts;
  9. if he defaults in any proposal made under this Act; and if he ceases to meet his liabilities generally as they become due.
  10. if he ceases to meet his liabilities generally as they become due.

Keep in mind that in most of the situations above, the creditor does not need to show that the borrower cannot pay various other creditors. In the last situation, the creditor should show that more than just its own debt is not being paid. Unique situations would differentiate matters though.

Unique scenarios can consist of allegations of fraud, near-fraud or those other transactions which fall under the types that would seem to be attackable by a trustee. At least on a prima facie basis.

It should, nonetheless, be remembered that stringent evidence of both your unsecured debt and an act of bankruptcy is required to have an individual or business judged bankrupt.

 

Receivership bankruptcy difference Canada: Under What Circumstances Should a Creditor Make An Application For A Bankruptcy Order?

Making an application for a bankruptcy order to put a debtor into bankruptcy is no little job. Prior to choosing this option, consider the following:

  1. the presence and amounts of claims that could take priority over your unsecured creditor status;
  2. the dollar measure of unsecured debt ranking on the same level with your financial debt (i.e., each unsecured creditor is paid according to the calculated share based on the measure of his/her debt);
  3. the existence of questionable transactions or transfers undervalue within the three-month to five-year evaluation period before the declaration of bankruptcy;
  4. your very own history of repayments from the debtor/borrower in addition to the normal payment patterns in the 3 months before the date of bankruptcy; as well as
  5. the legitimacy of any kind of security you might hold.

Receivership bankruptcy difference Canada: The Bankruptcy Application Can Be Very Useful

Think about:

  1. has the debtor actually moved the residential property to a related party for inadequate or no consideration;
  2. where the debtor does not want to lose a specific part of its property (e.g. a private yacht, unique cars and truck or shares in a firm) or does not want its transactions and events to be inspected by a trustee and/or creditors;
  3. the debtor (being an individual) expects an inheritance;
  4. where the debtor (being an individual) needs to be an officer, director and/or shareholder of several businesses;
  5. the debtor (being an individual) might have his/her expert certification or licence from which he/she derives income compromised or lost as an outcome of being ruled a bankrupt;
  6. when the bankruptcy of the debtor would cause him/her to lose the ability to generally conduct business, such as required to use a trust account or employment requires the need to be bonded; or
  7. being a bankrupt would cause the company or individual to lose the advantage of a specific useful agreement, lease, or company.

Receivership bankruptcy difference Canada: How Does a Creditor Make The Application For A Bankruptcy Order?

The creditor desiring to file the application will certainly need a lawyer to prepare the needed documents to make the bankruptcy application. The lawyer will serve the motion material and attend for the bankruptcy order. For an uncontested motion, the lawyer appears before the Bankruptcy Registrar who is a Master of the Court. If opposed, the matter can only be heard by a Judge.

The creditor has to additionally make arrangements with a licensed insolvency trustee to act will need to guarantee the trustee’s fee and costs incurred by the trustee where there are not enough proceeds from the sale of assets. A lot of times it is likewise needed to give the trustee a cash retainer.

When the Bankruptcy Order is made, the licensed insolvency trustee starts the bankruptcy administration. All actions against the insolvent are stayed.

Receivership bankruptcy difference Canada: What If You’re Company Has Too Much Debt?

Is your company insolvent? Are you looking for solutions? The Ira Smith Team is here to offer alternatives to restructuring and turnaround services however, if required, we also act as a licensed insolvency trustee in bankruptcy matters. We offer help in Vaughan as well as 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.

Call a Trustee Now!