Do I need a bankruptcy attorney? If you are not sure please contact us.
A trustee in bankruptcy is a person licensed by the Superintendent of Bankruptcy to administer proposals and bankruptcies and manage assets held in trust. The trustee can give a debtor information and advice about both the proposal and bankruptcy processes and make sure that both the debtor’s rights and the creditor’s rights are respected.
If the trustee feels that you need the protection of independent legal advice then they will refer you to a bankruptcy attorney.
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.
The property exempt from seizure is set by the provinces and territories as follows. In Ontario, the following assets are exempt and cannot be seized by a trustee:
1. Household Furniture valued to a maximum of $11,300.00
2. Person Possessions (clothing etc.) to a maximum value of $5,650.00
3. Tools of Trade to a maximum value of $11,300.00
4. A car or truck to a maximum value of $5,650.00
5. Certain life insurance policies and pensions
6. Farmers tools to a maximum of $28,300.00
Please note that if you are self-employed 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 for more than 25 years.
When a consumer debtor files an assignment in bankruptcy, the trustee requests that the consumer debtor turn over all of his or her credit cards. Each holder of the credit card will be notified of the bankruptcy and as a general rule, there will be no further extension of credit. While the consumer debtor is an undischarged bankrupt, the consumer debtor cannot borrow any moneys over $1,000 without revealing that the consumer debtor is an undischarged bankrupt.
Once the consumer bankrupt is discharged, however, the consumer’s credit rating will be returned assuming that the requirements of the holder of the credit card can be met. Usually within one year of a bankrupt’s discharge, one will be able to obtain new credit cards. However, if this is a second bankruptcy or there are special problems arising out of the bankruptcy, there may be some difficulty in re-establishing credit. Credit reporting agencies, such as Equifax, may be consulted by credit card companies before issuing new credit cards. Once discharged, the consumer should contact and advise such credit reporting companies of the particulars of discharge, namely the date, court, judge and any conditions that may have been imposed and satisfied.
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 if I want to get my bankruptcy annulled?
Your bankruptcy can be annulled at any time during the bankruptcy period as long as your debts are paid in full.
The Trustee convenes the creditors or the creditors representatives for a meeting to vote on your offer of composition. You will be asked to attend the meeting and speak to your creditors because they may have financial questions for you. If at least 75% in value and 50% in number of all creditors represented in the meeting accept your offer, a resolution is passed to annul your bankruptcy. If the offer is rejected, the monies are refunded.
Bankruptcy can also be annulled by filing a proposal. Creditors either attend a meeting convened by the Trustee, appoint another person to attend on their behalf as their proxy vote on whether to accept or reject the offer of composition or send an Assent/Dissent form indicating whether they vote for or against the proposal. The bankrupt receives an annulment upon the resolution being passed and acceptance of the 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.