Is Bankruptcy Published in the Newspaper?

Bankruptcy

Is bankruptcy published in the newspaper?

In most consumer bankruptcies, where the net realizable assets are under $15,000, the trustee proceeds under what is called the “Summary Administration” provisions of the Bankruptcy and Insolvency Act. Those provisions allow the trustee to cut costs in the administration. For example, instead of sending notices to creditors by registered mail, the trustee is permitted to send notices by ordinary post. Likewise, for publication in newspapers. In Summary Administrations, there is generally no obligation upon the trustee to publish notice of the bankruptcy in a newspaper.

However, if the assets exceed $15,000, then the estate is administered under the ordinary provisions of the Bankruptcy and Insolvency Act. In that case, there must be a notice published in a local newspaper in the area in which the consumer debtor resides. The notice in the newspaper advises the public that there has been a bankruptcy, whether by assignment or by receiving order and that the first meeting of creditors is set for a certain date. It also advises creditors that they may file their proofs of claim on or before the meeting.

Within five days of bankruptcy, the trustee must prepare a notice to creditors if there is going to be a meeting of creditors. If the trustee cannot compile the list within that time, the trustee must obtain an order extending the time to call a meeting of creditor.

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 is a secured debt?

What is a secured debt?

What is a secured debt?

A secured debt can be a debt incurred in order to purchase an asset, like a mortgage given upon purchase of a house. It can also be a loan given with assets pledged as security, such as a finance company that lends you money in exchange for some collateral, such as your furniture or other personal property, which is then registered with the provincial government.   As long as the payments are made as agreed, you can keep the secured asset.

If payments are not made, the lender can enforce their security, meaning they can take back the asset pledged against that loan. So if you stop making car loan payments, the finance company will seize the car. If you don’t pay your mortgage, the bank will foreclose on the house. (Note that personal property and furniture pledged against a loan generally cannot be seized, due to provincial legislation prohibiting seizure of such property up to a certain value.)

Bankruptcies and proposals tend not to address secured loans, although they must be declared. Talk to your trustee if you have specific questions or concerns.

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 pay a minimum portion of the debt I owe?

Do I have to pay a minimum portion of the debt I owe?

Do I have to pay a minimum portion of the debt I owe?

Not in a bankruptcy.

In bankruptcy, you only pay a basic amount for fees, or an amount based on calculations regarding your family income, based on the guidelines published by the Office of the Superintendent of Bankruptcy.

Many assets are exempt from seizure by the Trustee, but for those that are not, the Trustee has a legal obligation to obtain the cash value of those assets.  You may decide to repurchase those assets from the Trustee over time, or request that the Trustee cash them instead

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. Or please fill out the free bankruptcy evaluation form. Thank you. To learn more please visit our YouTube  Channel.

Rumanek & Company have been helping individuals and families overcome debt for more than 25 years.

 

Would your service prevent me from receiving a mortgage?

Would your service prevent me from receiving a mortgage?

Would your service prevent me from receiving a mortgage?

There are a number of issues to consider when considering a bankruptcy or a consumer proposal, when a mortgage is in play:

  • Are you applying for a new or increased mortgage, or switching to a new lender?
  • Are you renewing an existing mortgage?
  • Are your payments up to date? Are you behind on other loans with the same bank?
  • Are you applying for a second mortgage?
  • Are you under time pressure, either to renew, or to file a bankruptcy or a consumer proposal?

Clearly, there is no simple answer to your question, as you may be facing one of many different mortgage scenarios.

In our experience, renewing an existing mortgage while in bankruptcy or a consumer proposal usually does not present any difficulty. However, each situation is unique.   If you are not under time pressure, use the opportunity to get the best information you can. Talk to your mortgage broker about your situation, or talk to a Trustee about your debt options.

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.