Does bankruptcy mean I lose everything?

Does bankruptcy mean I lose all my stuff?

Does bankruptcy mean I lose everything?

For most people, the value of furniture, personal property and household goods are well within the exemption levels permitted by each province. In other words, the Trustee will not seize your assets, unless the resale value (usually close to the garage sale or online classifieds value) is above these thresholds:

In Ontario, the following values apply:

• Household Furniture valued to a maximum of $11,300.00

• Personal possessions (clothing etc.) to a maximum value of $5,650.00

• Tools of Trade to a maximum value of $11,300.00

• A car or truck to a maximum value of $5,650.00

• Certain life insurance policies and pensions

• Farmers tools to a maximum of $28,300.00

If the value of your property is higher than the exemptions given, most commonly with a car or truck, you will be required to pay the difference, not the full value, to the Trustee.

Please note that if you are self-employed in Ontario, your car or truck can sometimes also be considered as a Tool of Trade, which increases their exemption from $5,650.00 to $11,300.00. It is also possible to keep two vehicles – the first vehicle exempt, as a personal vehicle, the second exempt as a business vehicle.

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 and bankruptcy in Ontaio for more than 25 years.  

Debt to Obligations Ratio

Debt to Obligations Ration

Debt to Obligations Ratio

Question:  I have clients that I cannot refinance. Their Thornhill condo was appraised at $335,000, against mortgages of $239,000.  Their combined monthly pension income is $2605. Total unsecured debts are $22,421.

Present Monthly Obligations:
Mortgages:  $1280
Condominium Fees (all inclusive except phone) $658
Phone bill:  $55 Car payment:  $ 211/mo
Bill payments: $409

They would like to keep their condo, although I think this is a mistake–75% of their income goes to shelter. If they were to do a proposal or bankruptcy, could they keep the condo and the car?

Answer:
Your clients have some decisions to make.

They certainly can keep their condo and car, as long as they keep the payments in good standing. A proposal or bankruptcy need not impact secured creditors. They should be aware that though they are living on a fixed income, they do have sufficient equity in their property to pay their unsecured creditors in full.  They have a number of options available to them, depending on how much they are able to pay each month, who is on title of the property, do they have life insurance, help from family members, the availability of reasonably priced quality rental housing, etc. Your clients should meet with a licensed Trustee in Bankruptcy to guide them through these possibilities, so they can make the most informed decisions possible.

Contact Rumanek & Company Ltd. for more information. Or please fill out the form on the contact us page for additional information. Or if you would like a free evaluation please fill out the 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.

Will my spouse’s assets be held in trust if I file for bankruptcy? Part 2

Will my spouse's assets be held in trust if I file for bankruptcy? Part 2Will my spouse’s assets be held in trust if I file for bankruptcy? Part 2

Due to the response to the post: Will my wife’s assets be held in trust if I have to file for bankruptcy?

We have decided to add additional information on the above topic:

Although people are married or living together they are not responsible for each others debts. Each person owns assets and liabilities independent of each other whether you are married or living common law.

There is an overlap if a partner has signed a guarantee or has co-signed the debt of their partner. The protection given to the person who has filed bankruptcy or filed for a consumer proposal does not apply to their partner. In other words, your bankruptcy does not dissolve the responsibility of anyone else. If your spouse co-signed a loan for you, your spouse would be liable to pay the loan in full.

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.   

 

Will my spouse’s assets be held in trust if I file for bankruptcy? Part 1

Will my spouse's assets be held in trust if I file for bankruptcy? Part 1Will my spouse’s assets be held in trust if I file for bankruptcy?

The spouse’s assets will not be affected by your bankruptcy provided:

  • the spouse is not a business partner
  • the spouse has not guaranteed your debts
  • the spouse’s assets have not been encumbered to secure your debts
  • the spouse’s assets were legitimately acquired by the spouse and were not transferred to the spouse by you for the purpose of defeating your creditors

For additional information view part 2.

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.