There is nothing that prevents you from buying a car while you are bankrupt. If you are financing the purchase of a car, you must disclose that you are an undischarged bankrupt. This is the period between the date you filed the assignment in bankruptcy and the date that you are discharge from the bankruptcy process.
Even if you do not disclose this, the company financing the car will find out when they get a credit report on you. Now you have lost credibility which may result in a higher interest rate due to the risk factor or they will cut back on the amount they are willing to loan you. You might have to settle for a less expensive car that does not require a lot of financing. In Ontario, a vehicle is exempt up to a value of $6,600. If the vehicle is required as a “Tool of Trade”, the required exemption is increased to $11,300.
It would be wise to discuss your budget with your Licensed Insolvency Trustee (LIT) at the start of your bankruptcy as the Bankruptcy and Insolvency Act (Directive 11 R2) may result in you having to pay part of your income to your creditors. If someone in your family is giving you the money for the car, they should register a lien on the car for the amount of the money that they are giving you. This will make sure there is no equity that will accrue to your creditors. In the same thought, someone may give you a car while you are bankrupt in order to help you. You do not want your trustee to consider this as an asset for your creditors.
Consider the options:
1. Lease the car in their name and add your name to the insurance. Consider increasing the insurance to give the family members maximum protection.
2. If the vehicle is transferred into your name, the donor could put a lien on it for the value of the car.
There are always options for you to consider. Please discuss them with your trustee.
I filed a Consumer Proposal and my trustee tells me that he has to file an Administrator’s Report. I am frightened – what is this?
Your trustee is acting in this situation as the Administrator of your proposal. As such, there is a requirement under the legislation that he submits a report to your creditors that:
1. The proposal was filed with the Officer Receiver who represents the Office of the Superintendent of Bankruptcy
2. Your financial situation and assets listed on your documents are reasonable
3. Your list of creditors (with balances higher than $250) is reasonably accurate
4. Explains what is the cause of your financial problems
5. A brief summary of your net income per month, type of employment, the fact that you do not wish to file a bankruptcy and the amount that the creditors will receive in the proposal. If you and your partner are filing individual proposals at the same time, the joint creditors will be notified of the concurrent proposal so that they realize that they receive payments from both proposals. If the administrator has determined that the payment in the proposal is lower than the creditors would receive in a bankruptcy, there is an obligation to disclose that fact but add any mitigating factors for the creditors to consider before deciding whether or not to vote for or against your offer.
In many cases, the creditors start reviewing your proposal by reading the Report of the Administrator. It is a very important document.
Bankruptcy is a legal process governed by the Bankruptcy and Insolvency Act for a person who can no longer pay back debt. The person who owes the debt assigns all assets — with some exceptions which are governed by Provincial legislation — to a trustee in bankruptcy who sells the assets that are not exempt to help pay your debt to the creditors.
A Consumer Proposal is a formal offer by a debtor to creditors. This may include an offer to pay a percentage of the debt, pay back the debt over a period of time (maximum of 60 months), or some combination of both.
This option is available to individuals whose total debt does not exceed $250 000, not including debts secured by their principal residence.
Division I (Commercial) Proposal
A Division I (Commercial) Proposal is a formal offer by a debtor to creditors. This may include an offer to pay a percentage of the debt, pay back the debt over a longer period of time, or both. Unlike a consumer proposal there is no limit with respect to how much money is owed, nor is there a limit to the number of months that you may choose to make in your offer to make monthly payments.
Just because you are over 65 years old does not mean you cannot file an assignment in bankruptcy. If you are unable to pay your debts as they normally come due, the debts total more than $1,000 and your liabilities are greater than your assets – you have passed the test of insolvency and are entitled to file an Assignment in Bankruptcy. The question then becomes – should you do so. If your income is only from Canada Pension or Old Age Security, you are protected as these cannot be seized or garnished by a creditor. Note that once your pension is deposited to your bank account, it becomes co-mingled with other monies and loses the identity of its origin. Your bank account could be garnisheed regardless of the source of the money. Therefore, never give a creditor information about where you bank.
The biggest reason why seniors declare bankruptcy is to stop the harassment of telephone calls and letters from collection companies and creditors. The bonus is that no creditor is allowed to start a lawsuit or continue one (if they have already started) as of the day you file the Assignment in Bankruptcy.