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 lose my furniture if I go bankrupt?

Do I lose my furniture if I go bankrupt?Do I lose my furniture if I go bankrupt?

Generally not.

Recent changes in legislation provide that no creditor may seize furniture or household goods (up to a resale, or garage sale) value of $11,300, even if the furniture has been pledged as collateral for a loan.

The exception is furniture that has been purchased on store credit (and not paid in full). This means that, technically, the store (or their finance branch) that lent money for the purchase of their furniture has a right to repossess it. However, these companies are in the business of selling new furniture (and lending money), not in the sale of used furniture, so do not despair. Talk to your Trustee about your 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.  

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.