Blueprint to Reduce Debt: The Bankruptcy & Insolvency Act

Bankruptcy and Insolvency Act (BIA): What Is It?

Navigating the complexities of the ‘Bankruptcy and Insolvency Act’ can feel daunting, especially when you’re grappling with financial stress. As a licensed insolvency trustee, I specialize in making the BIA easy to understand and accessible. This article explains how this act can give hope to Canadians facing financial difficulties. Let’s discuss the BIA and discover how it can offer you a fresh start.

 

Understanding the Basics of the Bankruptcy and Insolvency Act

 What is the Bankruptcy and Insolvency Act (BIA)?

The BIA is an important part of Canadian financial law, helping to solve personal and corporate financial problems. A critical tool for anyone facing overwhelming debt.

 

Historical Context and Evolution

The BIA has evolved over the years, reflecting the changing economic landscape in Canada. Understanding its history helps in appreciating its current role in Canadian financial life.

 

Key Components of the Act

The BIA helps with insolvency and bankruptcy by providing procedures and guidelines for financial recovery.

 

When and How the Bankruptcy and Insolvency Act Applies

Eligibility Criteria

The ‘Bankruptcy and Insolvency Act’ has rules for individuals and businesses to qualify for relief.

 

Bankruptcy vs. Insolvency

Understanding the distinction between bankruptcy and insolvency is crucial. While related, they represent different financial states and solutions.

 

Role of Licensed Insolvency Trustees

In the BIA, licensed insolvency trustees help people with debt by guiding them through bankruptcy or consumer proposal.

 

Exploring Solutions Under the BIA: Bankruptcy

 What Does Filing for Bankruptcy Mean?

Filing for bankruptcy means admitting you can’t pay debts and provides a structured way to deal with financial obligations.

 

The Process of Filing for Bankruptcy

This process, governed by the BIA, involves several steps, including paperwork, meetings with creditors, and fulfilling specific duties.

 

Pros and Cons

Bankruptcy under BIA helps, but affects credit and finances, so think carefully before deciding.

 

Alternatives to Bankruptcy: Consumer Proposals

What is a Consumer Proposal?

A consumer proposal is an alternative option in the BIA. It allows individuals to negotiate repayment of a portion of their debts.

 

Advantages Over Bankruptcy

Choosing a consumer proposal in the BIA can affect your credit score less and let you keep more of your assets.

 

Process and Requirements

Filing a consumer proposal means talking to creditors and following a payment plan.

Life After Bankruptcy or a Consumer Proposal

 Rebuilding Credit and Financial Stability

After filing for bankruptcy or a consumer proposal, individuals have the opportunity to improve their credit and recover financially. The ‘Bankruptcy and Insolvency Act’ outlines all this.

 

Strategies for Effective Debt Management

Effective debt management post-resolution under the BIA involves learning new financial skills and adopting better money management practices.

 

Success Stories Due to the Bankruptcy and Insolvency Act

Many have successfully navigated their financial recovery under the BIA, emerging stronger and more financially savvy.

 

Legal and Financial Considerations of The Bankruptcy and Insolvency Act

Understanding Your Legal Rights and Obligations

Knowing your rights and obligations under the BIA is crucial for anyone facing financial challenges.

 

Impact on Credit Ratings and Future Loans

The BIA does affect credit ratings, but it also provides a framework for rebuilding financial credibility.

 

Seeking Professional Advice with the Bankruptcy and Insolvency Act

As a licensed insolvency trustee, I am an expert with the BIA and can give you personalized advice for your financial decisions.

Conclusion

The BIA is more than just legislation; it’s a pathway to financial recovery. If you’re struggling with debt, understanding this Act is your first step towards regaining control. Seeking help is a sign of strength, not weakness.

Utilize the Bankruptcy and Insolvency Act

If the BIA seems like it could be relevant to your situation, don’t hesitate to reach out for a free consultation. Together, we can explore your options under the Act and start your journey towards financial freedom. Visit our resources for more information and guidance.

 

 

Old Debts

Old Debtssavings-passbook

You just got a letter/phone call about an old debt that you owe. The first consideration is to determine if you owe the money.   If you do not owe the debt, simply tell the collection company that you do not owe the money. Ask them to send you copies of any documentation that proves otherwise. When they say that they do not have to send you any papers or that they do not have to prove to you that you owe the money – be very clear – yes, they do have to prove that you owe the money and if they refuse to prove it, you will not pay them any money. In other words, you are not refusing to pay what you owe, but you are legally entitled to know what you owe and to whom you owe it to.

In Ontario, there is a law called The Limitations Act of Ontario which stops a creditor from suing you if your debt is over two (2) years old. The debt is still owing, of course, but the creditor cannot go to a court to collect the debt. You must be aware that if you acknowledge the debt in any way, the two-year period starts all over again. Also note that the credit bureau (Equifax Canada and Trans Union of Canada) will still list the delinquent account for six years as an R9 bad debt which will keep your credit score low. Certain debts are not subject to the two-year limitation period – these include income tax, government guaranteed student loans, child support arrears, etc.

Other provinces/territories have similar limitation periods.   Ontario, Alberta, British Columbia and Saskatchewan are all two years. Quebec’s limitation is three years. The rest of Canada is six years.

 

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

 

Debt, Credit & Financial Consultants

Financial-Planning-And-Analysis-Interview-QuestionsDebt, Credit & Financial Consultants

If I am in financial trouble, do I have to go see (and pay) a consultant before I speak with a Licensed Insolvency Trustee? You do not have to use a consultant of any kind before speaking with a trustee and considering filing an Assignment in Bankruptcy or a Consumer Proposal. There may be a level of comfort in speaking with a consultant who is not in an officer of the court and may be able to communicate with you in your native language, but, this is a choice that you make that has a cost attached to it. You are paying a consultant for their opinion about your situation and then you still have to pay the trustee who is going to do the work. Sometimes you are simply paying two people to get a second opinion before you make a very serious decision of what to do with your life going forward.

 

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

Consumer Proposal: Interest Relief

Consumer Proposal: Interest ReliefConsumer Debt

When you file a Consumer Proposal in Ontario, there is a hold on all legal proceedings that your creditors can take against you. Interest on all debts stop as of the day the court accepts the Consumer Proposal and confirms the appointment of your Licensed Insolvency Trustee who acts as the Administrator of your proposal. If the creditors accept the offer in your proposal, then your only obligation is to make payments in accordance with the terms of the proposal, which may or may not include an interest factor. If the creditors refuse your proposal, then you have options. Normally, your trustee will contact the creditors who refused to agree to your proposal and ask what they would accept in payments to change their decision. This may take several months of negotiating back and forth. You want to pay as little as possible. Your creditors want as much as possible. Somewhere in the middle is what is reasonable in these circumstances.

In cases where no proposal can be negotiated with the creditors and the proposal is refused by a majority of creditors, then you, as the person filing would be back at square one. The full rights of all creditors are reinstated and their right to claim interest is back to the day you filed the Consumer Proposal when the interest was stopped. If you subsequently file another proposal or a bankruptcy, the interest stops again.

Contact Rumanek & Company Ltd. for more information on bankruptcy in Ontario and debt solutions. Please fill out the bankruptcy evaluation formTo learn more please visit our YouTube  Channel. Rumanek & Company have been helping individuals and families overcome personal bankruptcy in Ontario for more than 25 years.