Will the debtor’s employer find out about the bankruptcy?

office_buildingWill the debtor’s employer find out about the bankruptcy?

An employee can continue to work even though he or she has gone bankrupt. However, where the employee earns a wage which is more than capable of supporting his or her family, then the trustee must request that the bankrupt contribute a portion of his or her salary for the benefit of all the creditors. There is a provision under the Bankruptcy and Insolvency Act which allows the trustee to demand and receive such payment from the bankrupt and the bankrupt’s employer. The trustee is guided by the Superintendent’s standards which is a sliding scale of amounts based on income and the number of dependents.  If the employee disputes the amount of surplus income that should be paid to the estate, then the trustee must submit the dispute to mediation. The mediator is usually an employee in the Official Receiver’s office or someone approved by the Superintendent’s office. The mediator attempts to resolve the dispute and fix a monthly amount that will be agreeable to both the bankrupt and the trustee. If that is not possible, the trustee may apply to the Bankruptcy Court for an order determining the amount of surplus income that should be paid to the trustee.

Even when the consumer debtor’s employer finds out about the bankruptcy, it is illegal for the employer to dismiss the consumer debtor solely on the grounds that the consumer debtor has filed an assignment or that a receiving order has been made.

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.  

Learn to Budget

Canada_flag1Learn to Budget: Where can the consumer debtor get better budgeting skills?

Unfortunately, most people do not learn budgeting skills in public school, high school, community college or in university. These skills are learned “on the job” and in the home. It is necessary for people to budget their net pay cheque on a weekly or monthly basis. People should review their usual monthly expenses and make sure that there is enough money for each of the proposed expenses. If there is not enough money to cover all of those expenses, then apart from borrowing on their credit cards or from some other source, they should consider cutting back on particular items or even doing without. Needless to say, the expenses will vary from person to person and from family to family and from community to community. A proper budgeting method is critical to everyone as there is a natural tendency to spend without having sufficient income to pay the debts.

In most provinces, there are also credit counseling services where trained counselors teach the consumer debtor on a regular basis how to budget the bank account and moneys received from employment. Where possible, the consumer debtor should consult the yellow pages for credit counseling in the area where he or she lives. It is usually an agency of United Way.

Prior to going into bankruptcy, or perhaps not at all, the trustee in bankruptcy must give the consumer debtor a counselling session. The trustee or a qualified counselor discusses with the consumer debtor money management, spending and shopping habits, warning signs of financial difficulties and the use of credit cards. The session may be alone with the trustee or in a group.

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 have to go to bankruptcy court if I claim Bankruptcy

Bankruptcy CourtDo I have to go to bankruptcy court if I claim Bankruptcy

Each jurisdiction has its own bankruptcy court, and each court has its own requirements for when and whether a bankrupt must attend court if claim bankrupt. In the Toronto area, bankrupts usually only go to court in the following situations:

  • They have filed three or more bankruptcies
  • They owe more than $200,000 in income tax
  • They have not completed their duties or have disagreed with their Trustee with respect to those duties
  • The Trustee has opposed the discharge due to conduct either before or during the bankruptcy which should be brought to the attention of the court
  • It is important to note that Bankruptcy Court is very respectful, and bankrupts are not looked down upon or judged for their misfortune. There may sometimes be hard questions to answer, but each person has their opportunity to speak, if they so choose. Most people find court to be much smoother than expected.

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 my bankruptcy last?

How long will my bankruptcy last if I go bankrupt.

How long will my bankruptcy last if I go bankrupt.

If this is your first time filing for bankruptcy and you have no Surplus Income requirements, you will be automatically discharged nine (9) months after the date when you filed the bankruptcy.

If you are required to pay Surplus Income (monthly payments as calculated by the trustee, using the formula set by the Office of the Superintendent of Bankruptcy), payments are required for 21 months and you will be automatically discharged from bankruptcy at the end of that time.

If this is your second bankruptcy you will be automatically discharged after 24 months, or after 36 months if the trustee calculates that you are required to make Surplus Income payments.

NOTE: The above lengths of bankruptcy are also minimums. If you have not fulfilled your duties with the trustee, or you disagree with the trustee about those duties, the Trustee may oppose your discharge. IF a creditor wants to bring its position before the court, they may also file an opposition, and you will remain undischarged until the issues are resolved.

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.