Category: Insolvency News

MONEY PROBLEMS DON’T JUST “GO AWAY”

September 5, 2017

It would be na•ve to suggest they might! There is a huge difference between “money problems” and “debt problems” – we can help you with your debt problems and advise with money problems but they won’t just disappear! Most of the money problems that people have are related to a lack of income.  Since the […]

Read more

RETAIL/SHOPPING 2013 – 2014

September 5, 2017

An online survey on the loop suggested that more than 80% of respondents had no intention of taking advantage of Boxing Day sales in 2013.  The question that has not been widely discussed in the media is how well Canadian retailers performed during the Christmas shopping season.  Statisticians have indicated that Christmas shopping accounts for […]

Read more

HEART WARMING STATISTICS:

September 5, 2017

Well maybe not so heart warming unless you are the lenders! Average Canadian household consumer debt – not counting mortgages: $372,977,220,000 Canadian (Residential) “Bank” Mortgages: $1,400,000,000,000 Private Canadian (Residential) “Non Bank” Mortgages: (est.) $1,400,000,000,000 (CBA estimates that Canadians own 60% of equity in their homes after deducting bank mortgages, Stats Can suggests the figure is […]

Read more

Some debts are not released in a bankruptcy

September 5, 2017

It is important to know that some debts are not released by a discharge from bankruptcy. These debts include: Child or spousal support; Court fines arising from an offence; Court awarded damages for wrongful death, sexual assault or intentionally inflicted bodily harm; Debts arising from fraud, embezzlement, defalcation, or misappropriation while acting in a fiduciary […]

Read more

WHAT IS AN “ORDINARY BANKRUPTCY”

September 5, 2017

There are two types of bankruptcy “ordinary” and “summary” – ironically the summary form of bankruptcy is the most common. Back in ‘the day’ before consumers were getting into debt and requiring access to bankruptcy services there were no “summary” bankruptcy proceedings, all bankruptcies were “ordinary”.  The differences between the two types are generally process […]

Read more

WHAT IS GOOD CREDIT AND HOW CAN YOU MAKE IT BETTER?

September 5, 2017

The answer is not what you might expect. You could be a millionaire and have bad credit or you could be poor as dirt and have good credit.  Having good credit really means that you are in debt already – someone who is not in debt does not have good credit. But whether you have […]

Read more

CONSUMER PROPOSALS – From A to Z

September 5, 2017

This blog tells you how consumer proposals work, from process to cost and outcome. The process of filing a consumer proposal begins with finding a Licensed Insolvency Trustee (formerly known as a Trustee in Bankruptcy) to help you.  Only a Licensed Trustee can file a proposal with the Federal Government. LOCATING A TRUSTEE: You can […]

Read more

WHAT GOOD DOES THE CMHC DO?

September 5, 2017

CMHC Previously described by McLeans Magazine as Canada’s Mortgage Monster – apparently lives up to its reputation. Canada Mortgage and Housing Corporation is a Crown Corporation that facilitates and encourages excessive indebtedness for Canadian consumers and ironically charges them a fee for the privilege. The CHMC holds assets valued at over $248,490,000,000.00 according to its 2014 […]

Read more

WHAT IS SURPLUS INCOME

September 5, 2017

What is surplus income, how and why is it calculated and collected? What is surplus income: Surplus income isn’t as it sounds, it isn’t money that is “left over” or “surplus” to paying monthly bills.  Surplus income is somewhat “notional” it is calculated from income that exceeds the amounts that are required to live a […]

Read more

New Consumer Protection Rules

September 5, 2017

Get involved – have your say about Consumer Protection The Ontario government is in the process of developing consumer protection rules that will govern the fees and to some extent the operations of Credit Counselling, Debt Consulting and Debt Settlement Companies.   Consumers and other interested parties are invited to have input into the development and implementation […]

Read more

WHAT HAPPENS TO ME IF MY EX GOES BANKRUPT?

September 5, 2017

That is a great question and one that we are often asked, the answer is “it depends”. It depends on how closely your financial lives are interrelated. Some spouses lead completely separate financial lives each having their own incomes and credit/debt facilities as well as separate responsibility for household bills and accounts.  In which case […]

Read more

SHOULD BANKRUPTCY TRUSTEES CHANGE THEIR NAME?

September 5, 2017

What do you think – a rose by any other name? Are you stigmatized by the Bankruptcy & Insolvency Act or by the term “Bankruptcy”? The CAIRP, the professional association that provides academic training for prospective trustees as well the “CIRP” designation, has recently petitioned the Office of the Superintendent of Bankruptcy to change the […]

Read more

Credit or Debt

September 5, 2017

What’s in a name? Those of us who remember Shakespeare’s Romeo and Juliet from our high school days immediately recognize the phrase “that which we call a rose, by any other name would smell as sweet“ – so let’s apply that phrase to the topic at hand; “debt” or wait a minute is it “credit”? How […]

Read more

KEEP IT LOCAL – THERE ARE BENEFITS

September 5, 2017

This is not only true of fruits and vegetables but it is true of many services you may receive. The trustee community is relatively small, especially when compared with many other professions.  In Canada there are slightly more than 1,000 licensed trustees and 225 trustee firms.  By Contrast there are about 78,000 Chartered Accountants and […]

Read more

“SERVICING DEBT” versus “PAYING DEBT”

September 5, 2017

Do you understand the difference? Many people think that the fact they are able to “pay” their bills each month is a good thing.  But that is just an illusion, or delusion depending how you look at it Ask yourself this simple question “do I like being in debt?”  If you answered “yes”, you do […]

Read more

WHO WILL SUE ME – AM I BULLET PROOF?

September 5, 2017

The answer to that question is not very clear it is a bit of a gambit – generally speaking institutional creditors are unlikely to waste their money suing people for low levels of debt. The maximum amount that can be sued in Ontario Small Claims Court is $25,000. Anything above that must be heard before […]

Read more

HOW TO GET YOUR CREDIT BACK

September 5, 2017

Obtaining credit isn’t hard with or without an insolvency proceeding – the real difficulty is getting favourable terms. Lenders are in the business of lending, they WANT to lend you money.   Lenders take risks, calculated risks.  They do want you to be indebted to them, after all that’s precisely their business.  But remember it is […]

Read more

SENIORS GOING BANKRUPT IN DROVES

September 5, 2017

You have heard the sensational reports on CBC radio. Certainly scoring airtime for some trustees but is it true? CBC Radio is once again airing a misleading report from an Ontario trustee firm that suggests that seniors are filing for bankruptcy in alarming numbers.  In short, this information is inaccurate, myopic, and quite sensational. The […]

Read more

BANKS HAVE A DUTY IMPOSED ON THEM BY THE BIA

September 5, 2017

But they rarely, if ever, comply with Section 78 of the Bakruptcy & Insolvency Act. Under Section 78 of the Bankruptcy & Insolvency Act bankers are required to notify trustee of bank accounts and to freeze them pending consent from the trustee. Section 78.  Where a banker has ascertained that a person having an account […]

Read more

IS THE CASH STORE BANKRUPT?

September 5, 2017

Although the headline in this (linked) Reuters article refers to “bankruptcy protection” that is not quite the case.  The Cash Store actually filed a Companies’ Creditors Arrangement Act (“CCAA”) proceeding which is a court driven restructuring process administered by a trustee in bankruptcy.  In order to file a CCAA the company must owe its creditors […]

Read more