 By Selina Jacobson, Registered Insolvency Counsellor
Scheduling and attending a Free Confidential Consultation with an MNP Licensed Insolvency Trustee is the first step to changing your financial future. You may initially feel hesitant because you don't know what they're going to ask you, or you're unsure of what to bring with you. Perhaps everything you've heard about filing a bankruptcy or a Consumer Proposal is negative. If these are your fears, you're not alone. But the only way to get the right information is to speak with a qualified professional, specifically trained to get you out of debt. To set your mind at ease, attending a Free Confidential Consultation does not automatically mean you will be filing a bankruptcy. Your consultation is an information gathering opportunity where we will use our education and experience in solving debt issues to advise you of your best options. You can ask as many questions as you need to. Our role as consultants is to do the same; ask specific questions to gather all the information relevant to your situation. Think of it like a puzzle. First, we put the edge pieces together to frame the picture and gain perspective as to which pieces will go where. Next, we group pieces according to their color or pattern, fit those pieces together and join them to the frame. Then we move on to another set of pieces and so on. Soon all the pieces fit and the entire picture connects. This systematic approach helps save time compared to randomly grabbing pieces and attempting to put them together with no clear plan or strategy. Throughout the consultation, questions will be grouped together according to topic. Initially, some may not seem relevant. But each reflects a piece or section of the financial puzzle we are fitting together. Once we have a clear picture of your financial situation, we'll present you with options and help you make an informed decision regarding your next steps. The Frame What makes up the frame of your financial puzzle? A good starting point is to briefly explain the causes of your financial difficulties. When we understand where you are coming from, we can tailor the remainder of our questions to your unique situation. For instance, if you operate a business, we would ask what type of business it is. Depending on the answer, we'd proceed with specific follow up questions that contextualize how your business might inform your options for getting out of debt. Questions regarding your personal life are also part of the framework. Are you single or married? Do you have dependants or pay support to an ex-spouse? Do you own or rent? What is your total household income? Why does this matter? Well, if you're married with 10 children, we would carefully analyse your monthly income and expenses to evaluate what type of debt solution would be affordable for you and avoid further financial hardship to your household. On the other hand, if you're single with no dependants, you may have more freedom to pursue other debt solutions. Once we have the frame complete we can start grouping questions to gather specific sections of the puzzle. These sections include: your assets, debts, monthly income and expenses and a brief history of your financial transactions. Your Assets Many people avoid investigating debt solutions from fear of losing their home, car, household goods, etc. However, each province provides exemption amounts for certain assets to help ensure rehabilitating debtors are not left homeless, carless or couch-less. Full disclosure of your assets, including investments like RRSPs or TFSAs, insurance policies, recreational vehicles and potential future windfalls like an inheritance or settlement helps your Licensed Insolvency Trustee assemble a comprehensive list of what your assets are worth, along with what is exempt and not available to creditors. It's also the first big chunk of the puzzle to help determine whether you are insolvent and what MNP can do for you. Your Debts Knowing the total amount of your debts is the next large chunk of the puzzle required to determine whether you are insolvent and what solutions are available. Your Licensed Insolvency Trustee will benefit from any recent loan or credit card statements you have, collections notices and a simple list of any other personal debts you may owe to friends or family. It's important that you disclose all debts you owe – whether it's to a credit card company, an automotive lender, the Canada Revenue Agency or a family member. With few exceptions, all creditors rate the same under insolvency legislation. For your protection and to ensure all creditors are treated fairly throughout the process, this means you cannot decide to disclose one creditor and not the other. Whether it's a $100,000 tax debt or a $10 library fine, you want to include absolutely everything. Your Monthly Income and Expenses Your Licensed Insolvency Trustee will then look at the actual income coming into your household every month– including employment income, tax credits, pensions, social assistance, etc. They can also assist you with creating a comprehensive list of your expenses and will prompt you for the kinds of expenses you may not have thought of - like bank fees, pet food, and the weekly (or daily) coffee splurge. Bringing a recent bank statement with you will help with detailing specific payments like insurance and utility bills that may be automatically debited from your account. Being insolvent doesn't mean you have to forego living a normal life – you need to get haircuts, buy shoes, spend money on gifts, buy a bottle of wine. However, you need to be realistic and honest with us about your spending each month, so we can make sure your bases are covered. Now with this third chunk of the puzzle added, we are getting very close to seeing the whole picture. Recent Financial Transactions Questions about recent financial transactions help your Licensed Insolvency Trustee understand whether any personal property such as a home, vehicles, personal goods or investments have been sold, transferred or cashed out in the previous year, and what was done with the proceeds from those transactions. Among other things they will ask:
Your Options It is your Licensed Insolvency Trustee's duty to ensure you are informed of all debt relief options available to you. They will explain each of them to you in detail. These range from proceeding as you are with your current debt reduction strategy to consolidating debt with a personal loan through a financial institution, filing a consumer proposal or bankruptcy. When the picture of how to fix your financial troubles becomes clear, it's much easier to decide which solution seems best for you. Don't wait too long to schedule your Free Confidential Consultation with a Licensed Insolvency Trustee. The sooner you can assemble your financial puzzle, the quicker you will find relief from financial stress and the sooner you can start working toward a financial fresh start for yourself and your family. This article was originally published by MNP. To view the original article, click here.
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 By Selina Jacobson, BIA Insolvency Counsellor
Remember Simon and Molly? Last month they completed their first bankruptcy counselling session with Joan. They arrived extremely nervous and not knowing what to expect, but walked away with a greater sense of confidence about how to take control of their financial life. Today, they are about to begin their second counselling session. With a better idea of the process, Simon and Molly are looking forward to continuing their journey to a better financial situation and improved relationship with debt. "What are you going to teach us today?" Molly asks, reaching for a booklet on Joan's desk. "First, I'd like to review how your budget and money management processes are coming along," Joan replies. "I know you were struggling before our first meeting, so I'm interested to see how you've progressed over the last few weeks." The couple nod, looking noticeably more confident and self assured than the last time she saw them. "Then I have some new concepts to work through which I think will really benefit you both," she adds. "We'll look at some non-budgetary reasons that lead to insolvency. I'll share some helpful resources that can help you stay on track. And, as promised, I'll walk you through how to rebuild your credit once you receive your discharge from bankruptcy." "Sounds good," Simon replies as he looks over Molly's shoulder at the handout. Review and Savings Goals Joan asks Simon and Molly how their budgeting process has progressed over the past month. Molly explains they've not only set a time each payday to discuss their budget, but also a separate time to complete a monthly report. Simon offers that the guidelines and worksheets were a big help in establishing their routine and that they've already uncovered areas where their budget is leaking and how to fix it. "Best of all, we didn't argue too much!" Simon laughs. "Keeping receipts and tracking everything like you suggested was an eye opener," Molly adds. Pleased with their progress, Joan asks about any challenges they encountered along the way and whether they've set any financial goals. Though they seem eager, both appear hesitant to commit to any financial goals. "Right now, focusing on sticking to your budget and focusing on open communication is a good goal," Joan explains. Looking ahead to when the bankruptcy is completed, you could consider some other goals. Like allocating your current bankruptcy estate payment towards building an emergency fund or saving for something specific you can work towards once the bankruptcy is finished. Non-Budgetary Causes of Financial Difficulties Joan passes a worksheet to Simon and Molly and asks them to read it over. It's a list of common reasons people find themselves in financial distress. "You'll notice many of these are addictions related," Joan explains. "Gambling, drugs, alcohol, even shopping... I know none of those played a significant role in your bankruptcy. But they underscore how certain personal challenges are more financial in nature than they appear at first glance." She asks them to identify which items resonate. She's encouraged when Simon and Molly point to many of the same – with inadequate family role models, medical issues and chronic stress rounding out the top three. Joan asks how those factors have affected them and offers suggestions on how they can better prepare for and manage similar situations in the future. She reinforces the importance of communication. Especially when it comes to stress, which is a broad umbrella which blankets most (if not all) the other factors. She explains how understanding how one another is feeling and coping with challenges can be the key to get past them. "I've been guilty of holding it in," Simon concedes. "But regularly talking about our finances has shifted my perspective on many of our previous troubles." Resources to Prevent Future Financial Distress "I'm glad to see you two are so engaged with this process," Joan says. "Because, unfortunately, multiple bankruptcies are on the rise. And as much as I like you both, I really don't want to see you back here." She explains that anyone who files for bankruptcy faces two options: One is to continue down the same path – overspending, blaming others for poor financial decision making, not taking accountability and refusing to ask for help. The other is to make the necessary, and often difficult decision to change – to create a budget, curb spending, communicate openly and seek assistance when it's needed. "If you follow option one," her words hit bluntly, "I can all but guarantee we will meet again." Simon and Molly's eyes widen. Both are visibly distraught at the prospect of having to repeat this process. Joan softens her voice and assures them she's confident they're moving in the right direction. "There will still be bumps along the road," she cautions. "But navigating them is easier when you know when and where to ask for help." She instructs them to flip to a page in their counselling booklet, which includes contact information for everything from addictions counselling and support to consumer education websites. Joan asks Molly to write down several additional resources that she believes would be particularly helpful given their unique challenges. "These are your lifelines," she says. "If you ever feel like you're even at risk of drowning, use them!" Rebuilding Credit "Remember in the last session, you asked me whether you'd be able to buy a house someday, Molly?" Joan asks. "Or buy a car?" "It's definitely a long-term goal," Simon replies. "We realize it will take several years. But we're willing to be patient and do whatever it takes to rebuild our credit, so we can get what we really want – not just 'stuff'," Molly adds. Joan praises the couple for being realistic. She explains that rebuilding their credit will take time, but also that it's worth thinking about now so they can begin goal setting, planning and putting the pieces in place. She also cautions that not all credit vehicles are equal nor are all credit products suitable for them right now. Additionally, Joan offers different strategies Simon and Molly may want to consider that will help them build and maintain good credit – including applying for secured credit cards, discussing RRSP loans with their bank and how mortgage brokers can help them rebuild their credit for specific purposes. Finally, she emphasizes the importance of getting a requesting their credit report immediately after their bankruptcy is discharged and annually moving forward. "As a consumer, you are the only one who can bring up any issues on your credit report to the credit bureaus," she says. "They have to follow through and investigate any mistakes. Among other things, like preventing identity theft, correcting any misinformation that may hinder your credit rebuilding goals is vital for protecting your future financial stability." Nearing the Finish Line "You will receive your discharge certificate in the mail when you're officially done with your bankruptcy," Joan explains. "Make some copies and keep the original in a safe place – just in case anyone needs to see it." She smiles and slides a counselling certificate towards Simon and Molly. "I know this isn't the one you're really looking forward to, but trust me when I say it's still an accomplishment worth celebrating and one you've more than earned." "Thank you so much for everything," Simon says graciously as he reaches out to shake Joan's hand. "You've been so, so helpful," Molly adds as she reaches out to do the same. "For the first time in a long time we genuinely feel confident about our future." After walking Simon and Molly to their car, Joan returns to her office to make some final notes and file her copy of the counselling certificate. Confident they took the sessions to heart, she takes a moment to visualize how their post-bankruptcy life might look and feels grateful for the role she got to play. This article was originally written for, and published by, MNP. To view the original post, click here.  By Selina Jacobson, BIA Insolvency Counsellor
When an individual or couple files a consumer proposal or an assignment in bankruptcy, the Bankruptcy and Insolvency Act requires the completion of two financial counselling sessions with a Registered Insolvency Counsellor. Why Counselling? Many people are initially skeptical about financial counselling and wonder why they're obliged to participate. They may perceive it as a punishment for taking on too much debt or feel ashamed they need someone else to teach them about money management. This is absolutely not the case. As part of the financial rehabilitation of a bankrupt or consumer proposal debtor, financial counselling provides a safe non-judgemental forum to learn new ways to manage finances, recognize what changes are necessary to achieve financial goals and prevent falling back into the same cycle of unmanageable debt. The financial costs, measured both in dollars and impacts to one's credit report, are significantly higher for second and additional bankruptcies and consumer proposals. Financial counselling is a pre-emptive measure to help avoid these damages. Inside a Session: Simon and Molly Simon and Molly are a fictitious couple who recently filed for a joint bankruptcy. Their debt troubles began when Simon lost his job. With only one income stream in the household, the couple began using credit cards and lines of credit to cover many of their living expenses. Their story picks up immediately prior to their first financial counselling session. Simon and Molly are waiting nervously in the lobby. Neither of them know what to expect. They're both worried, stressed out and have been struggling to get their household budget back on track. When their counselor Joan enters the room, she offers a warm greeting and directs the couple to a meeting room where she provides them with a counselling booklet. "How are you both today? "Joan begins, smiling. The couple look at each other and then back at the counsellor. "We're so overwhelmed. And nervous," Molly confesses. "We have no idea what to expect today. We don't even have our budget in place. "I know we were supposed to fill in a budget form for you, but I lost track of our expenses and work's been all over the place for Simon. So even trying to budget with what little is coming in doesn't make sense." Joan's empathetic smile persists. "Don't worry," she replies. "You'll get there. That's what this process is all about. Let's begin with a quick review of your file." She spends a few minutes thumbing through some paperwork and offers to answer any questions Simon and Molly may have about their bankruptcy. After gaining a better idea of their situation and with the tension in the room noticeably eased, she shifts her focus to the day's materials. "There are four main topics I would like to discuss with you this afternoon," Joan explains. "We'll start with money management skills and knowledge. Then we'll look at your shopping and spending habits, identify the warning signs of financial difficulties and I'll give you a brief introduction on how to obtain and use credit moving forward. "First, let's talk about your budget." Money Management Joan returns to the budgeting worksheet that she'd requested Molly and Simon fill out prior to their first meeting. With the couple agreeing to redouble their efforts for the next meeting, Joan offers some tips and techniques to make the process less intimidating. She asks them about methods they have previously used to manage their expenses and offers suggestions for how to create a more structured and sustainable budgeting strategy moving forward. Joan then turns her focus to effective financial goal setting strategies – explaining how financial goals will strengthen their ability to manage money better, how to set clear and attainable short- and long-term goals and how to use their budget to measure their progress and achieve success. She offers examples of financial goals Simon and Molly may want to consider and hands them several worksheets to complete together before the next meeting. Shopping and Spending Habits Shifting to the next topic, Joan offers Simon and Molly a word of caution. "While budgeting and money management skills are the foundation for your financial success," she explains, "whether you achieve your goals or not will ultimately depend on how closely your actions align with your plan." Offering practical examples of how quickly unplanned expenses can add up to completely overshoot a budget, Joan reminds Simon and Molly about the dangers of impulse purchases. To drive the message home, she asks them both to discuss the areas where they have fallen prey to overspending and to consider how they could avoid those urges in the future. Not wanting it to be all bad news, however, she also reveals some valuable money saving insights she believes the couple might benefit from – including how to reduce their food and household expenses, cut down on monthly bills and even entertainment costs. Warning Signs of Financial Difficulty "Money troubles rarely ever happen overnight," Joan warns as she passes Simon and Molly a sheet of paper. It's a list of financial red flags. She asks them to read it over and identify anything they believe may have contributed to their bankruptcy. As they do, she encourages them to be honest about any poor habits and to consider what they could do to change them. She reminds the couple that changing their behaviours will be an ongoing process and they may have to try several strategies before they find something that works. She encourages them to review the list every month when they create their budget, to use it as a benchmark to review their progress and as a reminder of their priorities whenever they feel the urge to spend outside their plan. "It's not about beating yourself up," she reminds the couple. "It's about seeing where things could go off the rails and course correcting to prevent things from spiraling out of control." Obtaining and Using Credit "It's been a struggle to adjust to only using cash," Simon laments. "Without credit to fall back on, we constantly feel like we're on the verge of collapse." Thanking him for the transition to the final topic of the afternoon, Joan immediately sympathizes with Simon's point of view. She's watched dozens of clients go through a similar transition and is aware of how difficult it is to lose such a significant financial vehicle – especially so suddenly. But she's also quick to temper her compassion with a word of warning: "Credit is a financial tool designed for a specific purpose," she says. "And that purpose is never to offset an unbalanced budget." She then explains some of the more productive and healthy ways the couple could use credit in the future if they choose. She re-assures Simon and Molly that their dreams of someday owning a house or buying a new car are entirely within reach, though it will take some effort to rebuild their credit. She promises they will learn more about that process in the next session. Looking Ahead "Do either of you have any questions before we wrap up for the afternoon?" Joan asks. "I don't think so," Simon replies. "You've given us a lot to think about," Molly echoes. "I'm sure we will have several the next time we meet." "I'm sure you will," Joan says as she looks down at her calendar. "Our next appointment will be one month from today. Does the same time work for you?" The couple nod in agreement. "Perfect," she says as she hands them a card with the details for their next meeting. "How are you both feeling now?" Molly sighs. Both she and Simon look much more relaxed. "Much better, thank you. This was far less stressful than I think either us anticipated." Stay tuned for the second installment where we'll continue with Simon, Molly and Joan during their second counselling session. They'll learn contributing factors to insolvency beyond their budget, how to rebuild their credit and helpful resources that can prevent future financial difficulties. This article was originally written for, and published by, MNP. To view the original post, click here.  By Linda Paul, Licensed Insolvency Trustee
There are several common scenarios which may cause you to wonder whether personal bankruptcy is an appropriate option to get out of debt. These include:
Types of Bankruptcy Before we continue, it is important to note there are two types of bankruptcy – voluntary and involuntary. As it sounds, you initiate a voluntary bankruptcy when you visit a Licensed Insolvency Trustee as a measure to eliminate unmanageable debt. Conversely, involuntary bankruptcy occurs when your creditors petition the courts to place you in bankruptcy as a means of recovering a portion of your outstanding debts. Voluntary Bankruptcy To qualify for a voluntary assignment in bankruptcy in Canada, you must owe at least $1,000 to a single creditor or $1,000 between multiple creditors. Above that, you will either:
Involuntary Bankruptcy If one or more of your creditors determines they are unlikely to receive full or sufficient partial payment to satisfy your total outstanding debt(s), they may initiate court proceedings to have you forced into bankruptcy. This will guarantee them a portion of your liquidated assets and potential income contributions to your bankruptcy estate. The courts review these matters on a case by case basis to determine whether involuntary bankruptcy is the correct course of action in your and your creditors' unique situation. Bankruptcy Protections and Benefits If you are heavily in debt, there are several benefits to filing an assignment in bankruptcy. These include:
You Have Options During a free confidential consultation, a Licensed Insolvency Trustee will review your unique situation and explain all the available options to resolve your debt challenges. Whether you qualify for a Life-Changing Debt Solution such as personal bankruptcy or consumer proposal – or would achieve greater benefit from a different strategy, they will help you make the choice that's right for you. No matter the path you take toward a financial fresh start, an MNP Licensed Insolvency Trustee can get you on track and help you defeat debt for good. Based out of Abbotsford, Linda Paul is a Licensed Insolvency Trustee and Senior Vice President at MNP Ltd. To learn more about how Linda can help, contact her directly at 604-870-7445 or linda.paul@mnp.ca. This article was originally posted on www.mnpdebt.ca. Click here to view the original article.  By Leah Drewcock, Licensed Insolvency Trustee
You're a good, honest person. You know you should pay your debts. You want to pay your debts. But you can't. It's unbelievable how quickly things spiraled out of control. First it was one unexpected expense, then another. Now you're in over your head – missing payments, dodging collections calls and creditors are threatening to take you to court. Even if a judgement goes against you, you know it won't make any difference. You have no assets of value and hardly any income to speak of. So, what can a creditor do when you can't pay, have nothing to give up and no wages to garnish? More importantly, how do you solve this problem for good? What it means to be 'Judgment proof' Creditors have the option to pursue legal action against debtors who fail to pay their bills or respond to collections action. Once the creditor successfully obtains a court order granting a judgement against you, it is up to them to enforce that judgement through various channels – including asset seizure or wage garnishment. To ensure you maintain a reasonable standard of living, there are certain government mandated exemptions to these judgements. If all your assets and wages fall under that exemption, your creditor will not be able to enforce the judgement, thereby making you 'judgement proof'. Examples of Exempt and Protected Property B.C. Income Assistance – Under the Employment and Assistance Act, it states that any provincial income assistance is exempt from garnishment. Federal Income Benefits – Canada Pension Plan (CPP), Old Age Security (OAS) and Guaranteed Income Support (GIS) and Employment Insurance (EI) payments distributed either by cheque or direct deposit are exempt from garnishment by non-government creditors. However, other government bodies such as the Canada Revenue Agency (CRA) or the B.C. Family Maintenance Enforcement Plan (FMEP) can still garnish these payments for outstanding government debts, such as income tax or child support. Personal Property – Each province has its own legislation determining what types of personal property are and are not exempt. In B.C. this falls under the Court Enforcement Act. Protected assets include:
Jointly Owned Assets – Assets that are co-owned between you and another person are exempt from seizure unless you are both subject to the judgement. Beware Bank Deposits Regardless of where your income comes from – including the exemptions mentioned above – once income enters your bank account, it is no longer judgement proof. As a worst-case scenario, if your primary banking institution is the same one you owe money to, they could potentially freeze your accounts and use your account balances toward your outstanding debts. To protect yourself, you may want to consider having a bank account with a financial institution whom you do not have any credit dealings and transferring your automatic deposits to this account. Duration of Judgement Proof Status You will remain judgement proof for as long as your financial status remains unchanged. However, it is important to remember that judgement proof does not mean your debt, or the judgement, will go away. Once your financial situation changes and / or you obtain income or property that is not judgement proof (e.g. employment wages), your creditors may then resume enforcing judgement against your property. Debt Doesn't Expire B.C.'s Limitation Act provides unsecured creditors (e.g. credit cards, lines of credit, payday loans) two years from the time you made your last payment to initiate legal action against you. However, that only limits their ability to obtain a judgement for wage and asset seizure; it does not expire the debt itself. Short of taking you to court, your creditors may still proceed with regular collections activity such as requesting payment, sending written collections notices, contacting you by phone or reporting your delinquency to the credit bureaus. And they can continue to do this until you've settled your accounts to their satisfaction. Notable exceptions to the Limitation Act include:
Collection Activity and Your Rights As above, judgement proof status and the two-year limitation period can only protect you from creditors exercising or obtaining a court judgement. They do not prevent creditors from engaging in other regular collections activities. Because your judgement proof status can continue for an indefinite period, you may have to endure the stress and frustration of collections activity for months or even years. So, it's important to know your rights and what creditors can and cannot do. Debt collectors can:
Debt collectors cannot:
If you feel a debt collector is not respecting your rights, you may contact the Provincial Consumer Affairs office to file a complaint. Defeat Your Debt The idea of being judgement proof may initially sound reassuring. But it can only provide temporary relief from wage garnishment or asset seizure. It's not a permanent solution. Remember, your status could change at any time. And when it does, your creditors will be ready to commence or enforce any judgement against you. There is only one way to end the stress of your debt and harassment from your creditors: you need to settle for good. While this may seem impossible given your current situation, a Licensed Insolvency Trustee can help. During a Free Confidential Consultation, they will work with you to review your financial situation and determine if you qualify for a Life-Changing Debt Solution such as personal bankruptcy or Consumer Proposal and whether that might be your best path forward. They'll explain your options and help you make the choice that's best for you. Though things may seem difficult now, you're just one phone call away from a financial fresh start. Based out of Prince George, Leah Drewcock is a Licensed Insolvency Trustee and Vice-President at MNP LTD. To learn more about how MNP Debt can help, contact our local office at 250.596.4901 or toll-free at 310.DEBT (310.3328). This article was originally written for, and published by, MNP. To view the original post, click here.  Upon discharge from bankruptcy, an individual is released from his or her debts and will generally have no further obligations to the trustee. At this point, an individual has a fresh start and can move forward in a positive direction.
Staying on top of one's finances is the top priority after coming out of bankruptcy. Two (2) mandatory financial counselling sessions were provided during the bankruptcy process to help the individual learn better money management skills and understand the underlying causes of the bankruptcy. Free financial literacy and money management resources are widely available - accessing these tools is critical to future success. Another priority after bankruptcy is rebuilding the credit score. A first-time bankruptcy will stay on an individual’s credit record for a period of six years following discharge. Despite the notation on the credit bureau, an individual may begin to rebuild credit immediately following bankruptcy. Click here for tips on rebuilding credit after bankruptcy. This concludes my 5-part blog series on personal bankruptcy in Canada, which was intended to provide a very general overview of the process. For specific information on how bankruptcy will affect you - and to find out if there are other options - please contact a Licensed Insolvency Trustee in your area. All articles in this series:
Lana Gilbertson is a Licensed Insolvency Trustee with MNP Ltd., based in Vancouver, BC for more about how Lana can help, contact her directly at 604-637-1599 or lana.gilbertson@mnp.ca. Click here for a list of our offices throughout Greater Vancouver, Fraser Valley and Vancouver Island.  Bankruptcy ends when an individual receives a discharge from bankruptcy. In most cases, the trustee issues a certificate of discharge at the expiration of a prescribed period of time (e.g., nine (9) or 21 months for a first-time bankrupt; or 24 or 36 months for a second-time bankrupt). The bankrupt must have fulfilled all of the required duties and obligations before he or she can receive a discharge.
In some cases, the trustee is unable to issue a certificate of discharge and must set a discharge hearing in court. A court hearing is required where the bankrupt has failed to fulfill his or her duties; where the bankrupt has been bankrupt on more than two occasions; where the bankrupt is a high personal income tax debtor; or where a creditor opposes the bankrupt’s discharge. Where a court hearing is required, the court will decide on the appropriate order of discharge, and it may require that the bankrupt fulfill additional obligations before being discharged from bankruptcy. Click here to read more about how long it takes to be discharged from bankruptcy in Canada. Certain debts are not released by a discharge from bankruptcy. The following are examples of unsecured debts that will not be extinguished in bankruptcy:
Stay tuned for Part 5, where we'll discuss the fresh start created by bankruptcy. All articles in this series:
Lana Gilbertson is a Licensed Insolvency Trustee with MNP Ltd., based in Vancouver, BC for more about how Lana can help, contact her directly at 604-637-1599 or lana.gilbertson@mnp.ca. Click here for a list of our offices throughout Greater Vancouver, Fraser Valley and Vancouver Island.  Bankruptcy is a process that generally lasts nine (9) months or longer, depending on the circumstances. During the period of bankruptcy, an individual must fulfill certain duties and obligations.
Generally speaking, a bankrupt must behave in a fair manner; must keep the trustee advised of where he or she is living; and must advise the trustee of any material changes in the bankrupt’s circumstances. More specifically, a bankrupt must attend for two (2) financial counselling sessions and report to the trustee as to the bankrupt’s income and expenses, and that of his or her family unit. The bankrupt must provide information to enable the trustee to file certain tax returns. The bankrupt must also turn over to the trustee any assets that are not exempt from seizure by the trustee, and, where needed, aid the trustee in the sale of those assets. Where a bankrupt’s family unit income exceeds a government-set guideline, the bankrupt must pay a portion of his or her earnings (called “surplus income”) to the trustee for the period of the bankruptcy. Generally speaking, the rule is that a bankruptcy must pay to the trustee 50% of his or her net earnings in excess of the guideline. There are other factors taken into consideration when calculating surplus income. Where a bankrupt has a duty to pay surplus income, the period of bankruptcy is at least 21 months. Click here to view a video explaining the concept of surplus income. The vast majority of bankruptcies filed in Canada are simple, streamlined cases, and involve nothing more than what is described above. Some cases – more complex cases – can involve additional duties and obligations not covered here. Stay tuned for Part 4, where we'll discuss being discharged from bankruptcy. All articles in this series:
Lana Gilbertson is a Licensed Insolvency Trustee with MNP Ltd., based in Vancouver, BC for more about how Lana can help, contact her directly at 604-637-1599 or lana.gilbertson@mnp.ca. Click here for a list of our offices throughout Greater Vancouver, Fraser Valley and Vancouver Island.  In order to file bankruptcy, an individual must sign various documents (prepared by the trustee), which disclose the individual’s assets and creditors, income and expenses, and other pertinent information. The trustee then files these documents with the Office of the Superintendent of Bankruptcy. The bankruptcy becomes effective upon the filing of these documents.
Upon filing, the bankrupt individual is under creditor protection (called a “stay of proceedings”), meaning that no creditor can take any action to collect outstanding debts. Bankruptcy protection applies to most unsecured creditors, such as credit cards and lines of credit, unsecured loans, income taxes, student loans, and miscellaneous other debts. Bankruptcy protection doesn’t apply to certain creditors. Some examples include creditors that hold security over assets of a bankrupt (e.g., mortgage, car loan); and child or spousal support. Upon filing, all assets of a bankrupt vest in the trustee for the benefit of the bankrupt’s unsecured creditors. Certain assets are exempt from bankruptcy, and these assets may vary from province to province. Click here for a list of the provincial exemptions for British Columbia. Stay tuned for Part 3, where we'll discuss what happens during bankruptcy. All articles in this series:
Lana Gilbertson is a Licensed Insolvency Trustee with MNP Ltd., based in Vancouver, BC for more about how Lana can help, contact her directly at 604-637-1599 or lana.gilbertson@mnp.ca. Click here for a list of our offices throughout Greater Vancouver, Fraser Valley and Vancouver Island.  If you find yourself facing bankruptcy, you’re not alone. With soaring levels of consumer debt, many Canadians are finding themselves contemplating bankruptcy as a means to resolve their financial difficulties. Bankruptcy is a term that most people are familiar with; however, there are many myths and misconceptions associated with the term. When people receive full and factual information about bankruptcy, they are struck by the simplicity and fairness of the process. Moreover, the simple act of becoming informed provides a sense of great relief. This 5-part series is meant to provide a general overview of bankruptcy; however, individuals contemplating bankruptcy, or exploring other options, should meet with a Licensed Insolvency Trustee for further information to learn how bankruptcy will impact them based on their unique circumstances. Step 1 – Meet with a trustee to review your options Anyone who finds themselves in a bit of a financial pickle (the signs may be different for different people) first needs to meet with a Licensed Insolvency Trustee, who will review the individual’s specific situation and explain all of the options available. A meeting or phone call with a Licensed Insolvency Trustee is free and confidential.
Many people in financial difficulty don’t realize that there are options other than bankruptcy. A Licensed Insolvency Trustee has a responsibility to go through all of these options. If bankruptcy is the best option in the circumstances, the trustee will advise you of the next steps. Stay tuned for Part 2, where we'll discuss how to file for bankruptcy. More articles in this series:
Lana Gilbertson is a Licensed Insolvency Trustee with MNP Ltd., based in Vancouver, BC for more about how Lana can help, contact her directly at 604-637-1599 or lana.gilbertson@mnp.ca. Click here for a list of our offices throughout Greater Vancouver, Fraser Valley and Vancouver Island. |
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