How is my spouse affected if I go bankrupt?

How is my spouse affected if I go bankrupt?

How is my spouse affected if I go bankrupt?

Your spouse will not be legally affected by your bankruptcy just by virtue of being married to you. One spouse is not liable for the other’s debts, unless he or she has agreed to pay them by co-signing or guaranteeing the debts.  Assets exclusively in the spouse’s name will not be part of the bankruptcy.

There are several other things to consider:

If he or she has a supplemental credit card, there may be liability for the amounts spent on the supplementary card.

If assets have been transferred to the spouse’s name, the trustee will have to investigate the timing and circumstances of that transfer.

If assets are in both names, your Trustee will talk to you about your options in respect of those assets (and you usually will have options).

If your loans have been co-signed, your spouse will have to consider the options available for dealing with the creditors.

Also, remember that your not having credit cards will affect your family spending habits. Talk to your spouse about making positive changes in your financial lives.

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.  

Letter from creditors after Bankruptcy?

Letter from creditors after Bankruptcy?

Letter from creditors after Bankruptcy?

Dear Mr. Rumanek,

I filed for Consumer Proposal in 2008 through Rumanek and Co. and just yesterday my spouse received a letter from one of the creditors that was included in my proposal, for the full amount, with the accumulated interest charges over the 4 years.This creditor was a joint line of credit which I had continued to pay. My spouse applied for bankruptcy in 2006 and received a discharge in 2007. Can you please advise me as to why they are contacting my spouse, since they are already included in my proposal. Thank you. LB

Good morning, LB

If you send me a copy of the letter and your spouse’s discharge I would be happy to send a letter to the creditor on your behalf. The creditor should not be sending either of you any letters as the collection proceedings have been stayed (cancelled) by the filing of the proposal and bankruptcy proceedings.

Jordan Rumanek, B. Comm., CIRP, Trustee. Rumanek & Company Ltd.

 

 

 

Where does the consumer debtor find a bankruptcy lawyer? A trustee?

Where does the consumer debtor find a bankruptcy lawyer? A trustee?Where does the consumer debtor find a bankruptcy lawyer? A trustee?

Bankruptcy lawyers are generally prohibited from advertising their specialty in the yellow pages or any other form of public newspaper or magazine. Nonetheless, they may place their name as a lawyer in the yellow pages, telephone directory and in good taste in the newspaper. The Law Society of Upper Canada recognizes specialists in different areas of law, including bankruptcy and insolvency. In addition, the Canadian Bar Association, both provincially and nationally, has a bankruptcy and insolvency section. Members of the Association may be able to direct the consumer debtor to a member of the section.

If the consumer debtor does not know a bankruptcy practitioner, the consumer debtor can be referred to one by a friend, but the consumer debtor is best to see a general practitioner and have him or her refer the consumer debtor to the bankruptcy specialist. The bankruptcy specialist can give the consumer debtor answers to most, if not all, of the consumer debtor’s questions.

A bankruptcy lawyer, or a general practitioner, can also give the consumer debtor a selection of names of trustees. While a licensed trustee can administer a consumer bankruptcy, sub-specialties have developed within the profession. Most general practitioners, lawyers and accountants, will probably not know the distinction. However, bankruptcy specialists within the area will know that some practice in the area of consumer bankruptcies while others service only corporate debtors, and yet still others give management or receivership advice. Obviously, the consumer debtor should pick the appropriate trustee for his or her own needs.

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 house when I go bankrupt?

What happens to my house?What happens to my house when I go bankrupt?

The Trustee takes any equity you might have in your family home when you go bankrupt. This means that your house may be sold and the proceeds given to your creditors.  If you are a joint-owner, the Trustee may sell your interest to a non-bankrupt joint-owner.  If there is equity in the house most people consider filling a proposal for an amount higher then the equity in the house that they would lose in the bankruptcy.  Even in ther bankruptcy you can still pay the Trustee in bankruptcy your equity in the house and keep the house.

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.