Spouse goes Bankrupt with Credit Card Debt

Spouse goes Bankrupt with Credit Card Debt

Could I be held responsible for my spouse’s credit card debt if the cards are in his/her name only?

A person cannot be held responsible for someone else’s debt unless they have done the following:

1.  Both parties have signed for the credit card as a co-applicant

2.  The principle card holder has requested a supplement credit card for the spouse and the spouse used the card

If the spouse or common law partner does have a supplement credit card then we commonly use this questionnaire to determine if a supplement card holder is responsible for the debt:

1.  Does the credit card statement come in one name or both names?

2.  Does the spouse have a supplement credit card, if so, has it ever been used?

3.  Did both people sign up for the credit card as co-applicants?

Obviously, the more you answer “Yes”, to questions above, the more likely you are to be responsible for the debt.  It is important to note that there are “no hard fast rules” as some creditors will pursue supplement credit card holders while other creditors will not.

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 much property am I allowed to keep?

How much property am I allowed to keep?bankruptcy_mortgage

The property exempt from seizure in Ontario is set by the provinces and territories individually. In Ontario, the following assets are exempt and cannot be seized by a trustee:

1.      Household Furniture valued to a maximum of $11,300.00
2.      Personal Possessions (clothing etc.) to a maximum value of $5,650.00
3.      Tools of Trade to a maximum value of $11,300.00
4.      A car or truck to a maximum value of $5,650.00
5.      Certain life insurance policies and pensions
6.      Farmers tools and supplies, in certain situations, to a maximum of $28,300.00

Note that if you are self-employed in a business which requires use of your car or truck (e.g. to transport materials, passengers, or packages), your vehicle could be considered as a Tool of Trade, which increases its exemption from $5,650.00 to $11,300.00.

Contact Rumanek & Company Ltd. for more information on bankruptcy in Ontario and debt solutions. Please fill out the 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.  

Bankruptcy and Elderly Parents

Bankruptcy and Elderly ParentsBankruptcy and Elderly Parents

Dear Trustees,

My elderly mother has debt problems and they are getting worse and worse now that my father passed away. My father used to handle bill payments and other financial issues. Now, I have noticed that my mother feels confused, overwhelmed and she has started to receive harassing phone calls because she has missed a few payments. It is not possible for me to take over these financial issues for my mom. We live in different cities and I do not want to treat her like a child. Should I mention a Consumer Proposal to my mom? What advice do you usually give elderly people who have difficulty managing their money? I have noticed a trend with elderly people and lack of knowledge in terms of bill payments and financial planning. Many children tend to take over for their parents once they reach a certain age but I feel that may be offensive and it may take away some of my mother’s independence. Any suggestions?  Thank you-Respectful Daughter

Dear RD,

We receive many questions such as this one-in respect to parents getting older and dealing with financial issues-it can be extremely overwhelming. After retirement, it is crucial to reorganize finances, make a new budget for living expenses and adjust to less income every month. It is common for an elderly man to handle bills and other financial issues. However, it is also common for women to become financial planners at this time as well. It is crucial to begin a dialogue sooner than later and perhaps involve the entire family. Financial planning is a sensitive issue and this is a case-by-case conversation that leads to several possible solutions. A Consumer Proposal may be a great suggestion if your mother is in a stressful, difficult financial situation-dealing with paying many bills at different times for various amounts. If your mother does decide to file for a Consumer Proposal, this decision will stop harassing phone calls, combine all debts into one payment, design a payment plan and provide your mother with financial help. This option also protects your mother’s home and car and she will not have to surrender assets. Please contact a trustee in bankruptcy to discuss options in detail. Every individual has a unique financial situation and trustees are trained to carefully examine the facts to maximize relief. Good Luck

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.

Can my bank refuse to let me open a bank account?

Can my bank refuse to let me open a bank account?

Can my bank refuse to let me open a bank account?

No, a bank can not refuse to allow you to open a bank account or cancel your existing account. If your bank cancels or refuses to open a bank account for you because you have been or are in bankruptcy they are breaking the law. We always advise you to open a new bank account before filing a bankruptcy or a proposal at a bank where you have no debt.

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.