Will someone take my assets when I go bankrupt?

take my assets when I go bankrupt?

Will someone take my assets when I go bankrupt in Ontario?

It is a myth that a person in bankruptcy loses their car and their household goods. Each province such as Ontario in Canada has legislation that determines the value of property a person is allowed to own without risk of it being taken to repay a debt. Bankruptcy law respects these provincial guidelines.  In Ontario, household goods are exempt up to a resale value of $11,300, and personal items to a value of $5,650.  If you would earn less than those amounts by selling your furniture, appliances, microwave, guitar, hockey skates, class ring, cellphone etc. in a home contents sale, then you can keep them in a bankruptcy.  A single car valued at $5,650 is likewise exempt, although if you have two cars in your name you will have to repay the Trustee for the resale value of the second one, for your creditors. Your Trustee will generally allow the exemption on the car with the higher resale value.

There are other exemptions specific to farmers that may apply to specific circumstances that will be discussed with you by your licensed insolvency trustee. 

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 bankruptcy in Ontario and debt for more than 25 years.  

Mortgage Renewal after Bankruptcy

Mortgage Renewal

Mortgage Renewal after Bankruptcy

Will I be able to get a mortgage renewal after bankruptcy?

First, you must find out if your mortgage contains a clause giving the lender the right to foreclose. If the answer is yes, I suggest you talk to a trustee to consider your options.

However, if you have income, it is in the best interest of the lender to continue receiving interest payments. Therefore, in most cases you will be able to renew your mortgage even after you go bankrupt.  The lender normally only looks at your payment history to make sure there that there are no NSF cheques or problems with your payments.  The lender will be able to increase the mortgage and renew the existing mortgage.

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. Or please fill out the free bankruptcy evaluation form.

Rumanek & Company have been helping individuals and families overcome debt for more than 25 years.
To learn more please visit our YouTube  Channel.

Can Canada Revenue Agency Garnish CPP and OAS

Canada Revenue Agency, CPP and OAS

Can Canada Revenue Agency Garnish CPP and OAS

Yes, Canada Revenue Agency can garnish CPP and OAS as well as all types of pensions. You may hear that creditors may not do this or may only be able to take a percentage. However, Canada Revenue is not a typical creditor. It is important to stress that CRA has more power than a credit card company or other creditor.

In other words, standard garnishment rules do not apply to the CRA. If you owe taxes to CRA and you receive CPP or OAS, CRA can withhold some or all of your monthly pension payments.

But you do have options:

1. Contact Canada Revenue Agency and discuss the possibility of a re-payment plan before they Garnish either pension CPP or OAS

2. Consider a Consumer 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.  

What happens to my tax refund in a bankruptcy or proposal?

What happens to my tax refund in a bankruptcy or proposal?What happens to my tax refund in a bankruptcy or proposal?

If Canada Revenue Agency (CRA) is one of the creditors in a bankruptcy, any refund you are entitled to, for the year of bankruptcy and any prior year, may be retained by CRA to offset the amount owing.  After discharge, any debt still outstanding to CRA which formed part of the bankruptcy, cannot be recovered by CRA.  Post-bankruptcy Income tax refunds are property of the estate and any subsequent income tax refund may be retained by you.

If CRA is one of your creditors in a proposal, any refund you are entitled to, for the year of the proposal and any prior year, may be retained by CRA to offset the amount owing. You are entitled to all future income tax refunds.

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.