Executions Registered With a Sheriff, What To Do?

Executions registered with a sheriff, what to do? Bankruptcy Court

A debtor who has been discharged from bankruptcy or has completed a proposal has been relieved of all unsecured debts (with a few exceptions) –including a debt which led to a writ of execution being registered against the debtor’s property.  The execution is no longer enforceable after discharge, as the debt itself has been discharged.  However, the writ is not lifted automatically.

The first step in having a writ of execution lifted is to provide proof of discharge/proposal completion to the execution creditor’s solicitor, and request that the executions be removed. If the creditor’s solicitor is not co-operative, the discharged bankrupt should submit Form 60-O (REQUEST TO WITHDRAW A WRIT, links below) to the Sheriff’s office to request that the execution be lifted. If necessary, the debtor can bring a motion in court to have the execution lifted.

Form 60O: http://www.ontariocourtforms.on.ca/forms/civil/60o/RCP_E_60O_1105.htm or http://www.ontariocourtforms.on.ca/forms/civil/60o/RCP_E_60O_1105.doc.

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.  

Am I Liable for Girlfriends Debts While We Are Together?

Are you in financial shape?I’m living with my girlfriend! Am I liable for a girlfriends debts while we’re together?

No.  You are not liable for her debts while you are together.  The reverse is also true – she is not liable for your debts incurred while you are together.  As well as neither of you is liable for each of your debts that either of you owed before you started living together.

Of course, if the two of you obtained credit jointly (i.e. – you both signed the loan or credit application) that you would make you both liable for the debt because it was loaned to the both of you.  Similarly, if either of you asked the other to sign any papers or documents with respect to an old debt – be careful- read what was signed – you might have guaranteed the debt and become liable if your partner defaults on it.  Also, be careful of giving your partner a supplemental credit card – the supplemental cardholder will be liable for anything they charged and, depending on the wording of the cardholder agreement, the supplemental cardholder may have made themselves liable for the entire debt on that credit card.

Please! Read everything before you sign anything.  Ask questions and understand the answers before becoming liable for another person’s  debts.

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.  

 

Do I Lose My Car in a Consumer Proposal?

carDo I Lose My Car in a Consumer Proposal?

A proposal is a scheme of arrangement whereby you offer to your creditors something less than the total of what you owe them.  That is why you see advertising that you can save up to 75% of your debts and not go bankrupt.  The key words are “up to.”  Sometimes this is possible, but not always.  It depends on who you owe and how much you owe them.  Very few proposals require you to turn over your car or other assets as part of the terms of your proposal.

If you do not owe money on your car to a bank or finance company, you need only to disclose the value of the car on your list of assets.  Note that your car is exempt in Ontario to a value of $5,650.  This increases to $11,300 if it is used for business purposes.

If you still owe money on your car, remember that the bank or finance company does not want your car – they want your monthly payments to continue – that is how they make money.  If your payment history has been good, your trustee/administrator of your proposal will be able to assist you in keeping your car.

In exceptional circumstances, you may find that your car payments are much higher that you can afford.  The debt on the car may be much higher than the car is worth and you may want to get out of an unfavourable contract.  Your trustee/administrator of your proposal can still help you by arranging for your car to be turned in to the secured creditor (the bank or finance company) before you sign the papers for your proposal.  The debt owing to the bank or finance company will be estimated as net of the selling price of the car.  This debt will be included in your proposal.    The estimate will be updated once the car is sold and the actual loss to the bank or finance company is known.  Your trustee/administrator of your proposal will often assist you in obtaining a more affordable vehicle either prior to or during the early stages of your proposal.

A good trustee/administrator of your proposal should be considered as a resource person to help you solve all of your financial problems.  He or she has seen many similar problems in the past and can assist you in your recovery.

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.  

Bankruptcy Help Choices

Bankruptcy Help ChoicesBankruptcy

You are in debt and do not know what to do or who to speak to. In years gone by there would be a father or uncle to speak to. Today there is the internet. The trouble with the internet is it generates too much information and usually cannot answer all of your specific questions. Generally, there are informal or formal arrangements that can be made with your creditors.

Informal  arrangements are offered by debt management companies, credit counselling services and some financial services companies. They will consolidate all of your monthly payments into a single payment. They will try to lower the monthly interest charges and will attempt to reduce the principal of your debts. The downside is that not all creditors will agree to do anything other than accept the payment from your debt management provider.  In other words, your creditors accept the payments but do not agree to reduce the interest or principal amount of your debt.  A written agreement must be made with each creditor as to what the creditor is agreeing to.  The last thing you need to hear is that the interest charges are still being charged during your “debt program.”

A consumer proposal  is an option when you wish to stop the interest from your creditors and reduce the outstanding principal of  your total debt. A Trustee in Bankruptcy licensed by  the Federal Government is the only person who can file a Consumer Proposal on your behalf with your creditors. The trustee will work with you to prepare a budget which will determine what you can afford to pay. The trustee will prepare all of the papers and negotiate a reasonable settlement with all of your creditors.  The negotiation is done with all your creditors as a group, the majority of which binds the entire group.

If you own a house that has equity in it, your trustee can also assist in dealing with a mortgage broker to fund a payment to high interest credit cards and reduce your monthly minimum payments using a debt consolidation plan. As a last resort there is always the bankruptcy option which the Trustee in Bankruptcy can also explain to you. There are many options for you to consider before you choose what is best for you. The first meeting with any of our staff is always free and always confidential.

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.