Options
A. OPTIONS THAT YOU CAN COMPLETE
WITHOUT OUTSIDE PROFESSIONAL HELP.
These options include:
-
Increase earnings
Some times a second job will allow the extra cash to cover the immediate
creditor payments. Be careful that sufficient income taxes are deducted
from the second job otherwise you may be trading a creditor problem for
a tax problem.
-
Reduce living expenses
This is applicable if you have the ability to generate additional income
by reducing your expenses and using the extra cash to fund debt repayment
in a relatively short period of time.
- Do nothing.
Read
more.
-
Turn assets into cash
The sale of some assets may be taxable and you will have to be sure to
retain enough from the sale of the assets to pay the taxes owing on the
sale. Prior to selling any assets you should consider if the asset will
be available to your creditors. Your creditors may not be able to seize
some of your assets.
Read
more.
- Obtain a debt consolidation loan.
Read
more.
- Make an informal arrangement with your creditors.
Read
more.
-
Use an outside party to collect
monthly payments and distribute them to your creditors.
They will deduct their fees prior to making the
distribution. The fees are usually non-refundable
and are more expensive than some of the other options.
(Debt pooling).
Read
more.
-
Check with your employer to
see if there is an employee assistance plan available
to provide counselling for financial management.
-
Obtain credit counselling services
from your local family or community association.
The personal options outlined above
appear to be common sense and easy to incorporate but
they are fraught with dangers and complications.
It is very difficult to negotiate
with a number of creditors, each having their own agenda.
As soon as creditors are able to sense that they may
have an advantage over a debtor, they likely will try
to take that advantage. Many creditors will hold out
making any decision and try to make their settlement
when they can negotiate a better deal.
People using these personal options
often do not treat the creditors equally and run into
trouble when their creditors find out that all creditors
have not been treated equally.
Since there is no legislated time
limits for completing these negotiation, they often
drag on for some time. Financial pressures left unchecked
can cause marital problems, problems at home, or at
work . Your financial situation may be too complicated
for you to resolve on your own.
Everyday we see people who have unsuccessfully
attempted these options and have lost assets they didn't
need to lose or made matters worse for themselves with
their creditors.
In most cases, the best alternative
for them involves protection under the Bankruptcy and
Insolvency Act by making a consumer proposal or orderly
payment of debts scheme to your unsecured creditors
or by filing an Assignment in Bankruptcy.
B. OPTIONS THAT REQUIRE PROFESSIONAL
ASSISTANCE
Background
The Canadian government has enacted
laws to protect all Canadians from problems with their
creditors.
Generally the purpose of all this legislation is:
- To permit an honest but unfortunate debtor to
be released from their debts
- To determine which assets should be available
to creditors and to provide for an orderly and
fair distribution of these assets between the creditors
- To provide for an investigation into the affairs
of the debtor
- To provide the debtor with the assets necessary
to provide for their family and to earn a livelihood
in their trade or profession
The options that require professional assistance
are:
- Orderly Payment of Debts.
Read
more.
- Proposal to Your Creditors.
Read
more.
- Consumer Proposal.
Read
more.
- Bankruptcy.
Read
more.
C. INFORMATION REQUIRED TO
ASSESS OPTIONS AVAILABLE TO PEOPLE IN FINANCIAL DIFFICULTY.
We are prepared to discuss your situation
on general terms so that you do not have to assemble
all your numbers before we complete the initial assessment.
Once an option is selected the following information
may be required:
- Completed financial information form (supplied
by our firm when we initially meet with you)
- Recent mortgage and property tax statements
- Life Insurance policies
- RRSP, LIRA and pension plan statements and policies
- A list of creditors with most recent statements
and sale contracts
- Most recent income tax return
- Most recent pay statement
- Orders handed down by the Court for alimony,
maintenance, or child support and
- Order of discharge, if you have previously filed
bankruptcy
Once we have met with you, we will
be able to provide you with an indication of the options
that we believe should be considered by you for your
situation. You will then have whatever time it takes
you to decide what option is best for your situation.
We do not mind meeting with you more
than once if you need clarification as to what was
discussed at the initial meeting. In order for your
financial reorganization to be a success you must understand
the process and believe that it is the best alternative
for you.
If you have any questions about what
information is required, or how to gather the information,
please call our offices
Cost of Debt Solutions
This chart shows the payments required
to settle total unsecured debts of $15,000 by a single
person earning $1,900 per month. It assumes that the
individual has no assets that will be lost in a bankruptcy
situation. It also assumes that there will be no non-discretionery
payments such as alimony, child maintence, court fines
or child care expenses. These types of payments increase
the amount of income that an individual is allowed
to earn before they have to make payments to their
creditors.
| ALTERNATIVE |
MONTHLY
COST |
TOTAL
COST |
TIME TO COMPLETE |
|
CONSOLIDATION LOAN
- Based on three year payout at 9.25%
- Watch out for co-signer or pledging exempt
asset
|
$482.25 |
$17,235.00 |
36 months |
|
ORDERLY PAYMENT OF DEBTS
- Based on repayment over three years with
interest at 5%
- Based on repayment over four years with
interest at 5%
|
$449.56
$345.44
|
$16,185.00
$16,582.00
|
36 months
48 months
|
|
PROPOSAL
- Payout of 40% of debt over three years
|
$166.67 |
$6,000.00 |
36 months |
|
BANKRUPTCY
- Payment based on one-half of income over
the 2006 Superintendent of Bankruptcy Standards
(single person - $1,797.00 per month).
|
$276.50 |
$2,488.50 |
9 months |
(revised February 2007)
|