Yes, it is very important to list all of your debts in a bankruptcy. Here are some reasons why:
Bankruptcy is a very powerful remedy, but the law which gives you protection also requires that all creditors be included. It’s a give and take.
Since all creditors are subject to the Stay of Proceedings, leaving some creditors out of the process (whether relatives or “just one credit card”) is granting those creditors collection privileges that are not available to the others unless they obtain court approval (using credit during bankruptcy is generally not permitted).
If you change your mind about that debt in the future, you may be liable to repay the entire amount.
The purpose of bankruptcy is to obtain a fresh start. Unless all debts are included, a fresh start is much more difficult.
Of course, if you feel that your circumstances warrant not including a particular debt, discuss this with your trustee. He or she will help find a solution to your dilemma.
Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. 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.
This largely depends on the type of restructuring used. If you file into Bankruptcy, as a requirement of the Bankruptcy you must give up all forms of credit. A Consumer Proposal only deals with unsecured debt with a positive balance – meaning if you have a credit card with a zero balance and you did not have other debts with this institution it would not be included in the proposal, and it would be free for use as a tool after the Consumer Proposal has passed to rebuild your credit. With Informal Proposals you have the option to deal with each debt individually, so cards which are not included in the restructuring would be free for you to retain.
Contact the Office of the Superintendent of Canada 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.
My elderly mother has debt problems and they are getting worse and worse now that my father passed away. My father used to handle bill payments and other financial issues. Now, I have noticed that my mother feels confused, overwhelmed and she has started to receive harassing phone calls because she has missed a few payments. It is not possible for me to take over these financial issues for my mom. We live in different cities and I do not want to treat her like a child. Should I mention a Consumer Proposal to my mom? What advice do you usually give elderly people who have difficulty managing their money? I have noticed a trend with elderly people and lack of knowledge in terms of bill payments and financial planning. Many children tend to take over for their parents once they reach a certain age but I feel that may be offensive and it may take away some of my mother’s independence. Any suggestions? Thank you-Respectful Daughter
Dear RD,
We receive many questions such as this one-in respect to parents getting older and dealing with financial issues-it can be extremely overwhelming. After retirement, it is crucial to reorganize finances, make a new budget for living expenses and adjust to less income every month. It is common for an elderly man to handle bills and other financial issues. However, it is also common for women to become financial planners at this time as well. It is crucial to begin a dialogue sooner than later and perhaps involve the entire family. Financial planning is a sensitive issue and this is a case-by-case conversation that leads to several possible solutions. A Consumer Proposal may be a great suggestion if your mother is in a stressful, difficult financial situation-dealing with paying many bills at different times for various amounts. If your mother does decide to file for a Consumer Proposal, this decision will stop harassing phone calls, combine all debts into one payment, design a payment plan and provide your mother with financial help. This option also protects your mother’s home and car and she will not have to surrender assets. Please contact a trustee in bankruptcy to discuss options in detail. Every individual has a unique financial situation and trustees are trained to carefully examine the facts to maximize relief. Good Luck
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.
The property exempt from seizure is set by the provinces and territories as follows. In Ontario, the following assets are exempt and cannot be seized by a trustee:
1. Household Furniture valued to a maximum of $11,300.00
2. Person Possessions (clothing etc.) to a maximum value of $5,650.00
3. Tools of Trade to a maximum value of $11,300.00
4. A car or truck to a maximum value of $5,650.00
5. Certain life insurance policies and pensions
6. Farmers tools to a maximum of $28,300.00
Please note that if you are self-employed your car or truck can sometimes also be considered as a Tool of Trade, which increases their exemption from $5,650.00 to $11,300.00. It is also possible to keep two vehicles – the first vehicle exempt, as a personal vehicle, the second exempt as a business vehicle.
Contact Rumanek & Company Ltd. for more information on bankruptcy in Ontario and debt solutions. Please fill out the 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.