Do I have to list all my debts?

Do I have to list all my debts?Do I have to list all my debts?

Yes, it is very important to list all of your debts in a bankruptcy. Here are some reasons why:

  • Bankruptcy is a very powerful remedy, but the law which gives you protection also requires that all creditors be included. It’s a give and take.
  • Since all creditors are subject to the Stay of Proceedings, leaving some creditors out of the process (whether relatives or “just one credit card”) is granting those creditors collection privileges that are not available to the others unless they obtain court approval (using credit during bankruptcy is generally not permitted).
  • If you change your mind about that debt in the future, you may be liable to repay the entire amount.
  • The purpose of bankruptcy is to obtain a fresh start. Unless all debts are included, a fresh start is much more difficult.
  • Of course, if you feel that your circumstances warrant not including a particular debt, discuss this with your trustee.  He or she will help find a solution to your dilemma.

Contact Rumanek & Company Ltd. for more information on bankruptcy and debt solutions. 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.  

Mindset is Everything

Mindset is Everything

Mindset is Everything

Many people in financial difficulty shy away from getting the most professional advice available, out of concern for social, financial, family, housing, or other consequences.  Calling a Trustee in Bankruptcy can be difficult simply because they have “bankruptcy” in their names!

A federally-licensed Trustee is the most qualified person to assist you with your debt situation. Most offer a free consultation. This helps you to decide if you are comfortable with the Trustee’s approach, and to find out your best options, whether bankruptcy, a consumer proposal, or something else entirely.  And more information leads to better decisions.

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.  

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.