Is your credit rating affected?

Is your credit rating affected?

Is your credit rating affected?

When a consumer debtor files an assignment in bankruptcy, the trustee requests that the consumer debtor turn over all of his or her credit cards. Each holder of the credit card will be notified of the bankruptcy and as a general rule, there will be no further extension of credit. While the consumer debtor is an undischarged bankrupt, the consumer debtor cannot borrow any moneys over $1,000 without revealing that the consumer debtor is an undischarged bankrupt.

Once the consumer bankrupt is discharged, however, the consumer’s credit rating will be returned assuming that the requirements of the holder of the credit card can be met. Usually within one year of a bankrupt’s discharge, one will be able to obtain new credit cards. However, if this is a second bankruptcy or there are special problems arising out of the bankruptcy, there may be some difficulty in re-establishing credit. Credit reporting agencies, such as Equifax, may be consulted by credit card companies before issuing new credit cards. Once discharged, the consumer should contact and advise such credit reporting companies of the particulars of discharge, namely the date, court, judge and any conditions that may have been imposed and satisfied.

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.  

Letter from creditors after Bankruptcy?

Letter from creditors after Bankruptcy?

Letter from creditors after Bankruptcy?

Dear Mr. Rumanek,

I filed for Consumer Proposal in 2008 through Rumanek and Co. and just yesterday my spouse received a letter from one of the creditors that was included in my proposal, for the full amount, with the accumulated interest charges over the 4 years.This creditor was a joint line of credit which I had continued to pay. My spouse applied for bankruptcy in 2006 and received a discharge in 2007. Can you please advise me as to why they are contacting my spouse, since they are already included in my proposal. Thank you. LB

Good morning, LB

If you send me a copy of the letter and your spouse’s discharge I would be happy to send a letter to the creditor on your behalf. The creditor should not be sending either of you any letters as the collection proceedings have been stayed (cancelled) by the filing of the proposal and bankruptcy proceedings.

Jordan Rumanek, B. Comm., CIRP, Trustee. Rumanek & Company Ltd.

 

 

 

Christmas Credit Hangover

Bankrupt ShoppingChristmas Credit Hangover

It happens every year. We carefully set a budget for Christmas gifts, then more guests come, or you have to reciprocate for someone not on your list, or the store is sold out and you have to scramble to find a substitute, costlier gift.

Then the Visa and Mastercard statements start to arrive and the post-Christmas spending hangover arrives. One person recently told me their debts were so high that they tried to return the gifts they received so they could get some cash to pay for the gifts they gave others.  (You would probably only get store credit, so unless you are saving cash by spending the credits, keep your gifts.)

So now you have a credit card situation. Open all the bills, allow yourself a few minutes of woe-is-me, and then get to work.

Make a list of all of your debts, including

1.                  Creditor’s name

2.                  Amount owing

3.                  Interest rate on debt

4.                  Minimum monthly payment required

Now comes the hard part. Prepare a budget for yourself showing your monthly family income and living expenses.

List all your living expenses as if they were being paid in cash, as you are trying to pay down your credit cards, not add more debt to them. As part of the budget you must allow for the total of the minimum monthly payments to be shown as a cash payment. If you have any cash still available go back to the list of the debts and pay the debts with the highest interest rate first. If you are only able to pay the minimum monthly payments, or if you cannot manage even that, you might need help from a professional financial or credit counsellor.

Most counsellors offer a free 30 minute review of your situation to help you decide what is right for you– take advantage of this – make the call.

P.S.

While you are feeling motivated, make a note in your summer or fall calendar to have an honest chat with your family and friends about cutting down the cost of gifts for the next holiday season. They may be thrilled that someone took the first step to reduce the costs for everyone.

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.  

Where does the consumer debtor find a bankruptcy lawyer? A trustee?

Where does the consumer debtor find a bankruptcy lawyer? A trustee?Where does the consumer debtor find a bankruptcy lawyer? A trustee?

Bankruptcy lawyers are generally prohibited from advertising their specialty in the yellow pages or any other form of public newspaper or magazine. Nonetheless, they may place their name as a lawyer in the yellow pages, telephone directory and in good taste in the newspaper. The Law Society of Upper Canada recognizes specialists in different areas of law, including bankruptcy and insolvency. In addition, the Canadian Bar Association, both provincially and nationally, has a bankruptcy and insolvency section. Members of the Association may be able to direct the consumer debtor to a member of the section.

If the consumer debtor does not know a bankruptcy practitioner, the consumer debtor can be referred to one by a friend, but the consumer debtor is best to see a general practitioner and have him or her refer the consumer debtor to the bankruptcy specialist. The bankruptcy specialist can give the consumer debtor answers to most, if not all, of the consumer debtor’s questions.

A bankruptcy lawyer, or a general practitioner, can also give the consumer debtor a selection of names of trustees. While a licensed trustee can administer a consumer bankruptcy, sub-specialties have developed within the profession. Most general practitioners, lawyers and accountants, will probably not know the distinction. However, bankruptcy specialists within the area will know that some practice in the area of consumer bankruptcies while others service only corporate debtors, and yet still others give management or receivership advice. Obviously, the consumer debtor should pick the appropriate trustee for his or her own needs.

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.