Parents Going Through Bankruptcy

Parents Going Through Bankruptcy

Hello, I have a few questions regarding my parents and their sudden decision to file for bankruptcy. This information came as an absolute shock to my wife and I. My dad called to let us know that he and my mother are filing for bankruptcy and he insisted that there is nothing to worry about and asked me to keep this information confidential in our family. My parents have always had an average combined income, my mother retired five years ago and my father retired two years ago. He explained that they have debt that they can no longer hide and they are unable to keep up payments. I just have difficulty believing that this is the best option for them. I want to research options and help my parents get out of this financial situation. What do you suggest I do to help my parents with their finances or what initial steps do they need to take?  Thanks for your time and advice.     MB

Dear MB,

It is always a smart idea to research options and also important to review options with your parents instead of for your parents. We usually make recommendations based on a case-by-case situation. It is important to talk to a licensed trustee in bankruptcy. There are several options to consider before filing for bankruptcy and usually a Consumer Proposal is an important option to consider. However, in order to best serve your parents, we would have to take a closer look at their tax returns, annual budget and combined debt and income to obtain a better understanding in order to give proper guidance and advice. We hope this will help you with the first few steps.

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 need a bankruptcy attorney?

Do I need a bankruptcy attorney?Do I need a bankruptcy attorney? If you are not sure please contact us.

A trustee in bankruptcy is a person licensed by the Superintendent of Bankruptcy to administer proposals and bankruptcies and manage assets held in trust.  The trustee can give a debtor information and advice about both the proposal and bankruptcy processes and make sure that both the debtor’s rights and the creditor’s rights are respected.

If the trustee feels that you need the protection of independent legal advice then they will refer you to a bankruptcy attorney.

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. 

Student Loans, Bankruptcy and Hardship Provision

Student Loans, Bankruptcy and Hardship ProvisionStudent Loans, Bankruptcy and Hardship Provision

Help! I am not able to pay back my student loans. I continue to apply for Repayment Assistance but I have been unable to start paying back my loans for over five years now. Do I have to wait two more years to declare bankruptcy? Will my student loan be included in the bankruptcy at that time?

Student loans are not usually included in your bankruptcy until seven years after full time studies and the end date is determined by your academic institution. However, after five years of full time studies and extreme hardship you may declare bankruptcy and apply for a “Hardship Provision”. If the courts accept your application, your bankruptcy will include your student loans after five years instead of seven.

In order to decide, the courts will look at various factors:

1. How did you use your student loan?

2. What efforts did you make to graduate from the program your student loan funded?

3. What efforts did you make over the years to repay your loan?  Such as applying for Repayment Assistance Plan

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.  

 

What don’t I keep if I go bankrupt?

 What don’t I keep if I go bankrupt? Bankruptcy People

In a bankruptcy, assets in excess of your allowed personal exemption, such as, real estate, automobiles and boats that are the property of the bankrupt as at the date of bankruptcy and anything that the bankrupt acquires during the bankruptcy vests in the trustee for the benefit of the creditors of the bankrupt. This would include inheritances received or to which the bankrupt might become entitled by the death of someone during the time of the bankruptcy. It also includes such things as lottery winnings and anything that the bankrupt might accumulate, such as assets bought with any surplus income.

Tax refunds outstanding, as at the date of the bankruptcy also vest in the trustee for the benefit of the creditors. The Income Tax Act requires a bankrupt debtor to file two tax returns for the year of the bankruptcy. The first (pre bankruptcy tax return) covers the period January 1st through to the date of bankruptcy. The second (post bankruptcy tax return) covers the period starting with the date of the bankruptcy and ending December 31st. Pre and Post bankruptcy tax rebates vest in the trustee for the benefit of the creditors. These bankruptcy period tax returns are normally prepared by the trustee at no cost to 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.