Credit Questions for Credit Counsellors

Credit Questions for Credit Counsellors Bankruptcy_Trustee_meeting-150x150

Many people who are in financial difficulty are seeking help from credit counselors and debt management companies. Some of these companies are not-for-profit, others are for-profit. As a person in trouble how do you know who you are dealing with- more important- are they properly trained and is their primary purpose to help you or just charge you a fee. Notwithstanding your mental state before you sign their papers ask as many of the following questions as possible and make sure you are comfortable with the answers.

The Counsellor

– Are the persons you are talking with properly trained?

– Are they a certified credit counselor?

– Are they designated as having completed Accredited Financial Counselor Canada (A.F.C.C.) course of study?

– Have they completed the Insolvency Counselors Qualification Course from the Canadian Association of Insolvency and Restructuring Professionals and the Office of the Superintendent of Bankruptcy (Industry Canada)?

The Company

1. Is the company the credit counsellor works for a not-for-profit company or a for-profit company?

2. Is the company licensed by either the Federal or Provincial government to provide service to you? Do not confuse being licensed with a voluntary membership in an association such as the Better Business Bureau.

3. Does the company have an initial “no charge’ counselling policy or do you feel intimidated to “sign up” by their counsellor?

4. Is the company paid in full or in part by your creditors for any service they provide to you?

5. Are you expected to pay any fees to the company in addition to the settlement reached with your creditors? If so, ask how much are you required to pay and when do you have to pay the fees?

Assuming you sign up with the company:

-When do they notify your creditors that you are in their “debt program”?

– When does interest stop on your debts?

– What is the effect on your credit rating?

– Does the company notify Equifax Canada and/or Trans Union of Canada at the start and on the completion of your proposal to you creditors?

– Will the company immediately stop all lawsuits and pay garnishees against you? Some companies wait until your fee to the company is paid.

– Do you get copies of all documents?

– If money is paid to the debt management company for distribution to your creditors is the money held in a trust and bonded account?

– Are you entitled to receive a copy of the accounting of fees to the company and payments made to your creditors?

– Is the company licensed? If so –by who?

– Will the company put all of their answers to you in writing (before you sign up with them) and allow you to go home and decide what is in your best interest to do?

After the Debts Are Paid

Will the company and the credit counsellor work with you to reestablish yourself financially? Do they provide any scheduled financial counselling meetings while you are in their program? Will they assist in obtaining a credit card or improving your credit rating?

You are trusting yourself to someone you have only just met. Trust your instincts that you are dealing with the right persons at the best company for you.

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.  

Shopaholic Goes Bust

Shopaholic Goes Bankrupt

Shopaholic Goes Bankrupt

My Partner is a Shopaholic: What Do I Do Now?

If you make lots of money or if your partner is a high income earner and only spends their own money chance are there is nothing for you to do. However, for the vast majority of the population this can create a problem if you do not deal with the spending over the long term. If someone goes out and treats themselves to something slightly extravagant once or twice a year (and can afford to do so) there is no problem. In fact I believe it is healthy to do so – if you work hard and earn a decent salary, you should treat yourself once in a while with something special. It becomes a problem when the shopping is frequent and the spending is beyond the ability to pay for it. The key indicator being that the purchases are put on credit cards which cannot be paid in full each month. Over time the interest charges mount up, the credit card balance increase, credit scores start dropping. This will result in the credit card companies increasing the interest rates on your credit cards. Eventually cards are maxed out, new cards impossible to obtain and the personal problems start. I have seen many people with emotional mental stress wind up having physical problems as a result of their mental problems. On top of this is the strain that will put on their (non-spending) partner, the family arguments and the inevitable effects on children.

The first step in recovery is to admit that there is a problem. It is very difficult to talk about money issues, but it must be done. If there are children who are old and mature enough to help, you might consider bringing them into the discussion. Treat the shopping/spending habit as an addiction. Perhaps not as bad as drugs or alcohol, but an addiction none the less. There are many self help groups which can be of great assistance in recovering from the addiction. Information to assist you can be obtained from most credit/debt/financial counsellors, trustees in bankruptcies, community organizations or by referral from the Province of Ontario (www.MentalHealthHelpline.ca)

There is an old Chinese proverb “the longest journey begins with the first step.”  You must be strong enough to take that first step.

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.

Your Bankruptcy Proposal is Rejected – Now What?

Your Bankruptcy Proposal is Rejected – Now What?Bankruptcy Proposal

Remember, it is all about money.  Ask your Administrator if any of the creditors who rejected your original proposal submitted a counter offer.  This will give you an idea of what the creditor wants.  The question is can you afford to increase your proposal to the amount that the creditors will accept.  It is very important that your budget is accurate.  You do not want to increase your proposal to the point where any hiccup in  your budget in the future will cause you to miss payments.  If you miss three payments at anytime, your proposal is automatically annulled.  If your proposal is rejected, consider increasing your offer by amending the proposal.  If all negotiations fail, the final option is to consider filing an assignment in bankruptcy.

A full discussion of all the options should take place with your trustee (who will act as the administrator of your proposal) before you sign the original papers to file the proposal.

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.  

Is The Debt Still Owed if it Cannot be Collected?

DebtIs The Debt Still Owed if it Cannot be Collected?

A guy comes in to ask about a Consumer Proposal. He owes Amex $15,000. They have not contacted him in eight years. Does he have to include it on his list of liabilities?

The question is whether a debt barred by the Statute of Limitations should be included on a list of liabilities at all.  So, is the debt still owed if it cannot be collected? Can the claim be proven in a bankruptcy or consumer proposal?

The short answer appears to be that a statute-barred claim should still be included: the debt is not extinguished, it’s just not collectible.

Here is an interesting and quick article on the subject: http://www.casselsbrock.com/CBNewsletter/All is Not Lost if a Limitations Period Missed (hat tip to Howard Landau)

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.