What happens to my debts once bankrupt?

What happens to my debts once bankrupt?Once you are declared bankrupt or file a proposal your unsecured creditors(my debts) are not allowed to collect any money from you.

  • Unsecured Debts and Creditors: Unsecured debts are debts not secured by any assets, for example credit cards and personal loans are examples of unsecured debts. Generally, unsecured creditors have no right to recover any item you purchased with the money you owe them.  They cannot make any claims in your bankruptcy or proposal and you are discharged from these debts.
  • Secured Debts and Creditors: Secured debts are those attached to an asset.  If you fall behind in payments, a secured creditor may claim the asset and sell it to pay for the debt. Examples of secured debts are mortgages, car loans and a creditor who is taking security on any of your assets with your consent.  However, if you wish to keep your assets, you are always entitled to negotiate with your secured creditors to reach amenable agreement with all.  The Trustee may still sell your asset if the amount required by the agreement is less than the value of the asset.

Debts Not Covered by your bankruptcy.  You are not discharged from the following debts during your bankruptcy:  Fines for penalties, debts arising from fraud, child or spousal support. In addition, suppliers of unpaid housing or utility services, such as electricity, telephone, or gas may require payment in full to maintain the provision of services.

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.  

Seniors Debt

Seniors DebtSeniors Debt or Bankruptcy Information Article

Your finally made it to retirement . Perhaps you do not have the amount of pension income that you had hoped for, but you are comfortable and relatively debt free or at least managing to make all of your monthly payments without getting “past due” notices or collection agencies calling.

Then it happens. A phone call comes from a family member explaining their dire financial situation.  It could be the result of a marriage breakdown, layoff at work, loss of the overtime at work– it really does not matter “why”. What does matter is they are asking for your financial help. Deep down you fear the chances of them repaying the loan are very slim and yet you want to help.  Before you say yes, take a few minutes to analyze your situation. If you lend the money and it is not repaid, will there be any effect on your own financial situation? Is this a one time request or is the problem long term? You need to find out if they are requesting help from anyone else. It is a very good idea to have a family meeting to discuss how the family is going to help. This has three advantages: First, the reason for the need of the money is verified.  Second, if the loan is granted, it can come from several people which will spread the risk.  Third, if the family decides it is not in the best interest of everyone to grant the loan, the family is collectively saying no, not just you.

It is very difficult to say no to someone in trouble, especially if it is someone in your own family. Please make sure that you do not hurt yourself at the same time. If you cannot afford to say yes – it is ok to say no. Your family will love you regardless of your answer.

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.  

Bankruptcy and My Job

Bankruptcy and My JobBankruptcy and my Job – Nothing happens to your job if you go bankrupt.

Bankruptcy does not prevent you from working. Normally, your employer is not provided your personal bankruptcy information, unless you owe them money. If you are being garnished, a bankruptcy or proposal will stop the garnishee, but your employer will find out you have filed for bankruptcy or proposal from the notice they receive to stop the garnishee. You are still required to file tax returns for any income received during bankruptcy.

There are certain professional licensing authorities that impose particular restrictions on members under bankruptcy. You should confirm with your licensing authority whether or not your bankruptcy affects your ability to practice your profession.

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.  

Canada Revenue Agency Q & A

Canada Revenue Agency Q & A

Canada Revenue Agency Q & AHi, I’m a CA sole practitioner.  I have a question regarding an individual client who owes CRA a substantial amount of unpaid personal income tax and director’s liability on HST/source deductions. My client advises they have negligible assets other than their principal residence owned 50/50 with their spouse who has no such CRA liabilities.  They are both seniors with health issues.

Q1:  Is there any risk of loss of their home due to CRA debt?

Q2:   If yes to #1, what steps should they consider to prevent the loss of their home?

Q3:  In general, what specific approach would you advise in order to eliminate or reduce this significant personal debt?

Yes, there is risk and CRA can put a lien on the debtor’s house for the unpaid debt. To prevent this they have options and can choose to file a consumer proposal or bankruptcy. If they do choose one of these options, CRA can no longer put a lien on the property. In terms of question #3, the specific approach would depend on a variety of details such as: the option they choose, the value of the house and the balances outstanding on the mortgage.

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.