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If someone owes me money and I go to Court to sue them and I win, can I still collect from them if they declare bankruptcy?
If you go to Court and are awarded a Judgement, then you can proceed to try to collect on that Judgment to the best of your ability, but if someone declares bankruptcy then you can no longer continue trying to collect on that debt.
As a background, if you get a Judgement from the court then you are considered a “Judgment Creditor”. This is just a legal...[more]
As part of the legal process governing a bankruptcy, creditors are notified by the trustee in bankruptcy when a bankruptcy happens. Under the federal legislation governing the Bankruptcy and Insolvency Act, a trustee MUST mail or send electronically a copy of the bankruptcy documents to ALL creditors within 5 days of the date of bankruptcy.
When a bankruptcy assignment is filed, a Statement of Affairs (which consists of a statement of income and expenses, list of creditors and assets) is sent to all known creditors of...[more]
We quite often hear, :What is a “Proof of Claim “and why should I fill one out? – The Proof of claim form asks me if I want a copy of the s.170 report, what is that?"
When an individual (natural person or corporation) makes a filing under the Bankruptcy & Insolvency Act, (either a bankruptcy or a Proposal to Creditors)a Statement of Affairs is prepared by the debtor and...[more]
When are Contractors Considered to be Employees by Canada Revenue Agency?
A decision from the Ontario Court of Appeal (OCA) may have sent shivers down the backs of employers who have had long standing relationships with what they feel are “independent contractors”. These types of relationships can be at odds with the view of the Canada Revenue Agency( "CRA").
The decision in McKee v. Reid’s Heritage Homes Ltd. clarifies...[more]
Review of Credit Counselling – Recent Trends
Who’s in the Business and Who is Best Serving Debtor Needs? This is a question that I get asked regularly. With the increasing presence of Debt Poolers and those calling themselves Credit Counselor, there seems to be many issues with respect to Credit Counselling and Debt Pooler's – as the level of Canadian debt has been ever increasing, there is also the reciprocal increase in companies who are...[more]
In the Canadian Context, what leads to the majority of personal financial issues on anecdotal basis?
As a Canadian Bankruptcy trustee dealing with both small business and personal insolvency issues, when we are approached to outline the personal options available to debtors either personal bankruptcy or settlement of debt proposal to creditors we find that:
-What are the New rules governing Ontario debt settlement companies?
Should British Columbia take a lesson from Ontario when drafting new Debt Relief Issues for Consumer Debtors in BC?
In Summary, the new legislation in Ontario includes:
In Canada there are two main credit reporting agencies; Equifax and TransUnion Canada. They collect information from creditors on repayment histories and produce credit reports which new lenders can look into before offering you credit. Both agencies operate Canada wide, but how long consumer information can stay on your credit report differs from province to...[more]
Sometimes life happens, and even a diligent bill payer can find himself behind on payments. If this happens you can find yourself faced with collection agencies, which can be a very stressful time. Here are some tips for negotiating your way through such a situation
- Prioritise Your Debt – Not all debt will be treated the same. Taxes, Student Loans and secured debts like mortgages are tough to get out of. They rarely cut deals, so if you fall behind you are going to have to find a way to pay it all. ...[more]
Creditors are entitled to sell your debt. The practice of selling the debt of delinquent accounts onto third party “debt buyers” is actually quite common. The original creditor will sell the debt for pennies on the dollar, simply to recoup some of their losses and the new owner of the debt can then come after you for the remaining balance. This is how many collection agencies function. Major creditors like banks will often sell debts in blocks, meaning a whole list of delinquent accounts will be sold in a bundle. If the lists aren’t “cleaned” first this can lead to...[more]
Client Inquiry:I have a creditor harassing me about a credit card I never ever had from 2004, he said that the debt company he works for recieved it in 2007. FDR. He said they will take my car, furniture , GST and income tax from me if I do not make a payment deal with him. Can he actually take my gst and income tax? I have written several letters, one registered asking for any information, signatures, purchases and even the address and phone number the card was issued, but have received no response.
Trustee Response:Identity theft is a tricky...[more]
Problems associated with debts: Wage garnishment. – Possible affects on Consumers and What you can do about it?
What does it mean to have your wages garnished?When you don’t pay your debts, your creditors can obtain a court judgment to garnish your wages. To “garnish” means to attach (as money due or property belonging to a debtor) by way of garnishment. A judgment is merely an agreement from a judge in a court of law that you owe a debt to your creditor who has made the application to court. With this piece of piece of paper, called a judgment,...[more]
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