Who handles my bankruptcy?

handles my bankruptcy

Who handles my bankruptcy?

In Canada, Bankruptcy and Consumer Proposals can only be administered by a Trustee in Bankruptcy, who has been examined and licensed by the bankruptcy division of Industry Canada (the Office of the Superintendent of Bankruptcy).

Licensed Trustees are the most highly trained debt consultants, and the only ones able to impose powerful legal restrictions on your creditors. A trustee can also give useful information and detailed advice about your debt relief options and advise you towards a solution.

It is important to remember that a Trustee has a number of responsibilities that must be fulfilled during your bankruptcy, for example:

  • for most types of debt, stop collection action and garnishees against your wages;
  • provide debt counselling;
  • calculate how much you are required to pay into the bankruptcy based on your personal circumstances;
  • determine if you have any assets which must be valued and paid out to the creditors;
  • look into your prior transactions to check for any improper conduct;
  • refer you to outside resources, if necessary, such as gambling or addiction counselling;
  • manage and administer your bankruptcy generally.

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. Or please fill out the free bankruptcy evaluation form. To learn more please visit our YouTube Channel. Rumanek & Company have been helping individuals and families overcome debt for more than 25 years.  

Can I have my bankruptcy cancelled?

Bankruptcy Cancelled

Can I have my bankruptcy cancelled?

The most common way in which a bankruptcy is annulled is by filing a consumer proposal to address the debts in the bankruptcy. Once the proposal is accepted by the creditors and deemed approved by the Court, the bankruptcy is annulled.

Bankruptcy can be annulled in other cases only where the Court believes the bankruptcy should not have been filed. In general, a bankruptcy cannot be cancelled, except by the filing and acceptance of a consumer proposal.

 

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. Or please fill out the free bankruptcy evaluation form. To learn more please visit our YouTube Channel. Rumanek & Company have been helping individuals and families overcome debt for more than 25 years.  

 

How long will I remain bankrupt?

How Long Will I Remain Bankrupt

How Long Will I Remain Bankrupt?

Assuming there are no unusual issues which would require the Trustee to oppose your discharge and require a court hearing, the timing of your discharge depends on a combination of factors. The two most important are whether you have filed a bankruptcy before this one, and your current family income.  The formula set by the Office of the Superintendent of Bankruptcy that determines how much a person has to pay in their bankruptcy is called “Surplus Income”.)  The guidelines below are based on legislative changes made in September, 2009.

First bankruptcy, no Surplus Income: 9 months, assuming no opposition to discharge

First bankruptcy with Surplus Income: 21 months, assuming no opposition to discharge

Second bankruptcy, no Surplus Income: 24 months, assuming no opposition to discharge

Second bankruptcy with Surplus Income: 36 months, assuming no opposition to discharge

In the case of a third bankruptcy, your discharge would automatically be opposed at the 9 month point. Speak to a Trustee about the possible durations of bankruptcy, as the case law relative to the changes in law is still developing.

 

For more information Contact Us or Industry Canada

Paying Your Bills on Time

Screen-shot-2012-01-28-at-11.20.47-PM-150x150Paying Your Bills on Time

Why You Should Pay Your Bills on Time!  If you are a type of person who waits until the last minute (“the deadline”) paying your bills, I would bet that you believe that you think you are making a “profit” by having the money in your bank account for a short period of time until the bill is due to be paid.  Reality check!  Interest rates are so low that anything you think you are earning is offset by missing a deadline, misplacing a bill, whatever.  When you miss a payment deadline, there can be a late payment charge and/or interest charge on the amount due.  Do it more that once and the credit card company may increase the interest rate on the card or reduce the allowable credit limit on the card.  Miss the deadline often and this information will be reported to the credit bureau which will lower your credit score.  Then when you apply for a car loan, new credit card or just renew your mortgage  on your house, watch the interest rate – it will be higher than you expected due to the “higher risk factor” of a bad credit history.

Please contact us or view our videos for additional information regarding bankruptcy or credit counselling. Thank You