Bankruptcy and Age

Retired couple discussing their financial budget at home
Retired couple discussing their financial budget at home

Bankruptcy and Age

In years gone by, a person would graduate from high school, trade school, university or a college and have a well paying job in a relatively short period of time. He or she would move out of the family house, buy a car, get married, etc. Credit was available, but it was relatively difficult to obtain. Financial difficulties would sometimes occur, but it was usually the result of a specific catastrophe such as divorce, medical issues, or some similar event.

Fast forward to 2015, students are staying in school much longer than before, graduating with a high student debt and are taking a longer period of time to find the perfect job. Many people have theorized that the lack of an available job is one of the reasons why students elect to stay in school as long as they do. Banks and other credit grantors have responded by being lenient in their collection procedures on debts owed by recent graduates. The government has even changed the Bankruptcy and Insolvency Act to increase the waiting time after you ceased to be a full or part time student from two years to seven years before you can claim student loans in a bankruptcy or a (debt consolidation) consumer proposal. So, what is the issue!

Students are staying at home longer, and by the time they move out, have less time to save for their own apartment, marriage, children or even their own retirement. It was not uncommon for family to help in the purchase of their children’s first house. Now, it is becoming common for family to assist in living expenses and even a second house as their children’s family expands. This has resulted in the parents’ ability being reduced to finance their own retirement plans. As well, many of the older generation are working well past the normal retirement age of 65.

By the numbers over the past 10 years, the age of consumer debtors filing a bankruptcy or a consumer proposal has been decreasing for debtors under the age of 44. At the age of 45, the statistics start to change as the number of debtors filing bankruptcy or a consumer proposal have increased over the past 10 years. The largest increase is for seniors in the 65 + age bracket where filings have grown from 6.2% to 10% of the total filings.

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 Help

Bankruptcy – Reboot Your LifeBankruptcy_Trustee_shakinghands-150x150

Ok, so your financial life is in the toilet. It could be the result of illness, job loss, a disaster of some kind. Whatever the reason you still have your family and your mind. Of course, there are the emotional issues of filing a debt consolidation proposal or bankruptcy. Treat the emotional issues as an advertising issue. All of the banks, financial institutions (visa, mastercard etc.) have been telling us that we should pay our debts. Yeah! Right! What they want is for us to pay the minimum monthly payment so it takes us thirty years to pay the debt. We pay interest until we are old and grey- assuming we never have an emergency and have to charge anything during those thirty years. The law (Bankruptcy and Insolvency Act) is meant to help an unfortunate debtor who is in debt over their head to be absolved of most (if not all) of their debts so that they can rebuild their lives. I do not mean to imply that bankruptcy is a simple process, it is not. But it is not as hard as you might have heard. In the majority of bankruptcies you get to keep your clothes, furniture, car and, yes, even your house. Your employer is informed of the bankruptcy only if there is a garnishee on your paycheque. The garnishee is stopped by the law but the letter from the trustee that stops the garnishee unfortunately tells the employer what is going on.

Many trustees offer a free initial consultation. If you feel that you are in financial trouble take advantage of this. At this first meeting bring a list of your assets and liabilities as well as a list of all of your questions. Remember, there are no silly questions- ask everything. If there are alternatives to a bankruptcy (such as a debt consolidation proposal) your trustee will discuss them with you. As you proceed through the bankruptcy your trustee and his administrators will guide you during the process. When you are discharged from your bankruptcy you will continue to receive help in rebuilding your credit rating and in obtaining a credit card.

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.  

Tax Free Savings Account and Bankruptcy

Tax Free Savings Tax Free Savings Account and Bankruptcy

I have a Tax Free Savings Account (TFSA) but my debts total more than I have the ability to pay. I do not want to file a bankruptcy and am considering a proposal. Can my creditors force me to cash the TFSA as part of the proposal?

The short answer is “no.” When making a proposal you are offering a settlement to your creditors which they either accept or refuse. In your case if the creditors know you have the TFSA they may refuse to accept your original proposal and ask you to resubmit your proposal with an initial lump sum presumably coming from the TFSA But, once they refuse the original proposal it is your choice if you decide to make a second offer and it is their choice whether or not to accept a second (or third) offer.

Remember the creditors are only trying to recover as much of their debt as is possible. It is all about negotiating the amount that they are willing to settle for. That is the job that the Administrator of your proposal is doing for you.

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.  

Credit Questions for Credit Counsellors

Credit Questions for Credit Counsellors Bankruptcy_Trustee_meeting-150x150

Many people who are in financial difficulty are seeking help from credit counselors and debt management companies. Some of these companies are not-for-profit, others are for-profit. As a person in trouble how do you know who you are dealing with- more important- are they properly trained and is their primary purpose to help you or just charge you a fee. Notwithstanding your mental state before you sign their papers ask as many of the following questions as possible and make sure you are comfortable with the answers.

The Counsellor

– Are the persons you are talking with properly trained?

– Are they a certified credit counselor?

– Are they designated as having completed Accredited Financial Counselor Canada (A.F.C.C.) course of study?

– Have they completed the Insolvency Counselors Qualification Course from the Canadian Association of Insolvency and Restructuring Professionals and the Office of the Superintendent of Bankruptcy (Industry Canada)?

The Company

1. Is the company the credit counsellor works for a not-for-profit company or a for-profit company?

2. Is the company licensed by either the Federal or Provincial government to provide service to you? Do not confuse being licensed with a voluntary membership in an association such as the Better Business Bureau.

3. Does the company have an initial “no charge’ counselling policy or do you feel intimidated to “sign up” by their counsellor?

4. Is the company paid in full or in part by your creditors for any service they provide to you?

5. Are you expected to pay any fees to the company in addition to the settlement reached with your creditors? If so, ask how much are you required to pay and when do you have to pay the fees?

Assuming you sign up with the company:

-When do they notify your creditors that you are in their “debt program”?

– When does interest stop on your debts?

– What is the effect on your credit rating?

– Does the company notify Equifax Canada and/or Trans Union of Canada at the start and on the completion of your proposal to you creditors?

– Will the company immediately stop all lawsuits and pay garnishees against you? Some companies wait until your fee to the company is paid.

– Do you get copies of all documents?

– If money is paid to the debt management company for distribution to your creditors is the money held in a trust and bonded account?

– Are you entitled to receive a copy of the accounting of fees to the company and payments made to your creditors?

– Is the company licensed? If so –by who?

– Will the company put all of their answers to you in writing (before you sign up with them) and allow you to go home and decide what is in your best interest to do?

After the Debts Are Paid

Will the company and the credit counsellor work with you to reestablish yourself financially? Do they provide any scheduled financial counselling meetings while you are in their program? Will they assist in obtaining a credit card or improving your credit rating?

You are trusting yourself to someone you have only just met. Trust your instincts that you are dealing with the right persons at the best company for you.

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.