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.

 

 

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.

Debt Crisis: Are you Overwhelmed?

Debt Crisis: Are you Overwhelmed?debt-sept

The average Canadian owes more than $1.60 for every $1.00 of after-tax take home income. No wonder, we are all feeling stressed. A major cause of this is the high cost of living in major cities like Toronto or Vancouver in relation to other parts of Canada. If you are only making the minimum monthly payments on your debts or even taking cash advances from one creditor to make those payments to another creditor, consider meeting an experienced professional who has the experience to assess your situation and offer a plan of action that will result in getting out of debt. The options that should be considered are:

Credit Counselling

This is mainly a self-help approach although there are several for-profit and not-for-profit agencies that will assist you. You or the counsellor will contact each individual creditor to try to get them to waive some of their late fees, reduce their interest rate and set up a long-term payment plan. This is a long-term program that must be negotiated with each creditor individually. There is no court assistance or other court approval for this option. There is no requirement for any creditor to negotiate with you or the counsellor, although, creditors will often negotiate some settlement out of goodwill.

Debt Settlement

You or a debt settlement company hired by you at your expense approach each of your creditors to negotiate a reduction in the debt that you owe. No creditor is required to negotiate anything with you but they usually will negotiate a reduction in the total of your debt if you will tell them that the reduced amount will be paid in full over a specified short period of time. The cost of hiring a debt settlement company must be factored into your eventual saving of the debt owing. They normally charge a fee based on a percentage of what they save you but this is also subject to negotiation.

Consumer Proposal

A consumer proposal is administered by a Licensed Insolvency Trustee who will negotiate a reduction in the overall debt as well as the payment of the reduced amount over a period of time with no interest (usually 60 months or less).

The advantages of a Consumer Proposal are:

  • You keep your house, car, RRSP, RESP, etc.
  • You lose no assets unless you decide to sell the assets and pay the money into the proposal as a lump sum
  • Once 51% of creditors agree to your proposal, the other 49% are bound to abide by the terms of the proposal
  • All interest charges by creditors stop on the day your trustee files the proposal with the court
  • All legal actions, wage garnishees, etc. stop on the day the trustee files the Consumer Proposal with the court
  • The proposal once approved by the creditors and the court is a legal process that can be enforced against all creditors

Bankruptcy

When all else fails, bankruptcy is the final solution. As long as you are unable to meet your financial obligations as they come due and your debts exceed $1,000, you can legally file an Assignment in Bankruptcy using the services of a Licensed Insolvency Trustee. You will be placed under the protection of the court to prevent any creditor from suing you, garnisheeing your wages or bank account or taking any actions against you to collect their debt. If your situation is not complicated, you may be able to obtain your discharge from the bankruptcy process in as little as 9 months. Your trustee will still take much time after your discharge to complete the administration of your file. Your trustee will still continue to assist you in rebuilding your credit score even after your discharge.

The above are the four (4) main solutions to a person with debt problems. Please consider meeting with a Licensed Insolvency Trustee for a free initial consultation to determine which of the above or any other options are best for you.

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.

 

Student Loans and Credit Cards

Student Loans and Credit Cards

You have graduated from University and have been unable to find a good paying job in your Bankruptcy Torontoarea of expertise. The periods of non-repayment and interest relief of your student loan debt have been maxed out. You are starting to get letters and/or phone calls from a collection agency. A friend tells you that he was in the same situation last year. He solved his problem by paying his student loan payments with his credit card. His logic was that the collection agency got off his back and he had no stress. If he got a good job, there would be enough money to pay everyone – even though he knew that the interest on the credit card was higher than the interest on the student loan. Plus, he got “points” on his credit card. The friends’ research pointed out that if he ever had to go bankrupt in the future, all of the credit cards debt should be included in the bankruptcy but student loans could not be included in the bankruptcy unless he was out of the school for more than seven years. He had the ultimate “win-win” situation.

Well, not quite. The interest rate on the average credit card is so high in relation to the interest on student loan debt, that any benefit from “points” is insignificant. If you do wind up filing an assignment in bankruptcy and your trustee (or the creditors) determine that you intentionally converted your student loan debt to credit card debt, be prepared for there to be an examination under oath before an Official Receiver (a representative of the Office of the Superintendent of Bankruptcy) who may recommend an opposition to your discharge from bankruptcy. At the very best, you will have to convince the licensed insolvency trustee/creditors/court that you had every intention of paying your debts and it was only a change in your financial circumstances that caused you to file the bankruptcy. As the worst, there will be a finding of an intent to commit fraud – a debt for fraud is not discharged in bankruptcy.

If the above is similar to your situation, please have a discussion about it with your trustee before signing any papers.

 

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.