Bankruptcy Kitchener Blog by Scott Schaefer

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Costs to Discuss Your Debt Options Shouldn’t Put You Further Behind

Posted under Bankruptcy & Bankruptcy Kitchener & Consumer Proposal & Contact Us

Scott Schaefer BA CA CIRP Trustee

Are you struggling with your debts and not sure where to turn for advice? This is a common issue right now for many people in Kitchener-Waterloo. No one really wants to speak to a bankruptcy trustee. Some people are going to places and paying large consulting fees (see Ontario Government warning). Some people after paying this consulting fee are then referred to a trustee to file a consumer proposal or a personal bankruptcy. The hard part of this is that if they saw a trustee in the first place, they would not have paid the consulting fee and had money to pay for necessities like rent, vehicle costs, and food.

As a licenced trustee in bankruptcy, I am federally regulated – this means I must explain all options to people before they decide on which option works for them. It is true that only a trustee in bankruptcy can file Consumer Proposals and Personal Bankruptcies for individuals. But those options are only considered after all other options have been explored. I have been practicing in this line of work for over 10 years. I am a Chartered Accountant and a Chartered Insolvency and Restructuring Professional. I feel I am well suited to discuss anyone’s situation with them so they can work toward dealing with their debts. I always feel I provide an open and honest assessment of someone’s options given their situation.

There is no cost to call me or have a meeting with me. A trustee receives payment through a federally regulated tariff, which means a trustee receives part of the consumer proposal offer or part of the bankruptcy estate. That is, there is no direct payment for trustees fees.

If you are wanting to discuss your options so you can make an informed decision, call us at 519-747-0660 and we can talk about the options given your personal circumstance. Alternatively, send me an e-mail with some dates and times that could work for you and we can see what we can arrange for a free meeting in my Kitchener office. I am conveniently located on the second floor of the plaza at 607 King Street West (at the corner of King and Breithaupt) perfectly situated between Kitchener and Waterloo. There is ample free parking at our Kitchener location and there is a bus stop on King Street in front of our building.

Posted on May 8th 2012

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New 2012 Bankruptcy Surplus Income Limits

Posted under Bankruptcy & Bankruptcy Kitchener & Consumer Proposal

The primary cost in a personal bankruptcy is based on something the government calls Surplus Income. The general concept is that the more someone makes, the more they are required to pay into their personal bankruptcy. The concept seems straight forward but in practice it can be confusing because everyone’s situation is different.

The government provides new limits each year to determine the amount that someone should pay back to their creditors. This limit is considered over a monthly basis. If a person’s net income is under the government’s limit, then they are not required to pay surplus and are eligible for discharge from bankruptcy as early as at the end of the 9 month mark of their bankruptcy. If a person is over the monthly limit, they are required to pay per month 50% of the amount over the limit for a minimum of 21 months.

Scott Schaefer CA CIRP Trustee

The limit is calculated on total family monthly net income (after taxes) as well as on the number of people in the family unit. The new 2012 limits are:

Family of 1 – $1,980
Family of 2 – $2,465
Family of 3 – $3,031
Family of 4 – $3,680
Family of 5 – $4,174
Family of 6 – $4,707
Family of 7 or more – $5,241

Monthly income is calculated by taking net income from all earning sources less certain expenses such as medical, child care, and family support payments. The amount of surplus is calculated after considering the monthly average income. If you would like to estimate the amount of surplus income you would be required to pay in a personal bankruptcy, please check out this surplus calculator.

The alternative to personal bankruptcy thus avoiding surplus, is a Consumer Proposal. A consumer proposal is an offer to your creditors to pay a set amount per month. Once the consumer proposal is accepted, your monthly payments to the proposal do not change – even if your income changes (as in a bankruptcy). A consumer proposal can provide stability in payments for someone with higher income.

Both personal bankruptcy and consumer proposals help individuals deal with their debts and work toward a fresh financial start; which one works better depends on income. Waterloo Region is a diverse economical community and provides significant income range, we have seen an increase in the number of consumer proposals filed over the past several years.

If you are feeling the pressures of your debts, it is important to fully understand how all options work before deciding on which one works for you. My suggestion would be to call us at 310-PLAN or send me an e-mail and we can arrange a free meeting in my Kitchener Waterloo office.

Posted on March 27th 2012

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Debts and Personal Finances 101

Posted under Bankruptcy & Budgeting & Consumer Proposal & Kitchener-Waterloo Community

Scott Schaefer lecturing

I spent an hour and half yesterday working with students at St Jerome’s campus at the University of Waterloo. The lecture I gave was on Family Work & Family Money. My focus for the lecture was to prepare the students for their life in the future with respect to personal finances. If you are reading this blog right now, you can no doubt think of many real life events over the past years that have affected your situation both financially and emotionally.

Before I prepared my lecture, I considered what I wanted my message to be and what I wanted the students to take away from the class – my initial thought was the “dangers of debt”. I canvassed several other peers to see what information would they liked to have heard when they were students – knowing what they know now. The consistent response was debt: avoid it, pay if off quickly, don’t get tricked into to debt, budget to afford life and not finance it, live within your means, don’t get too much debt while in school or you’ll pay for it big time, etc. But their advice did not end there; they stated they feel that real life stories would help drive home the message all while not sounding like a parent lecturing on what to do and want not to do.

So, my task was set, spend the class discussing today’s world from an individual/family financial prospective. First off, let’s be honest – debt sucks! It feels great to get something new, but it is really hard and costly having to pay for it for a long time and even more so when major life events happen – job loss, separation, birth of children, purchase of new homes, having to relocate, medical illnesses, etc.

Every day in my Kitchener Waterloo office I meet with people who are struggling financially because they were just living life, accumulated some debts like the average person and then something happened – something changed. Now their debt is too much to deal with and is financially suffocating them. Some people are able to dig their way out, while others are not. Fortunately we have the Canadian Federal Laws to help individuals recover and obtain a fresh financial start. This can be done through Consumer proposals and Bankruptcy.

The fact of the matter is the message is the same to the students as it is to someone going through a consumer proposal or bankruptcy – keep out of debt to the best of your ability, today and in the future. When entering into debt, pay if off as quickly as possible. Debt is not our friend. Robert Frost said it best “a bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain.”

Living debt free reduces stress, provides greater purchasing power tomorrow, and as a proverb states “Out of Debt, Out of Danger.”

Posted on March 6th 2012

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Mosaic Counselling + Family Services Un-golf Event

Posted under Budgeting & Kitchener-Waterloo Community


Last night, my associate Ian Martin and I attended the 1st annual Un-golf event in support of Mosaic Counselling + Family Services at the Westmount Golf and Country Club in Kitchener. Ian and I, through Hoyes, Michalos & Associates Inc. were the Platinum sponsor of the event. The event was a fundraiser with proceeds being raised in support of ”Mosiac programs and services that help children, youth and family in Waterloo Region.”

Formally known as Catholic Family Counselling centre, Mosaic has been servicing Kitchener Waterloo for 60 years. At 400 Queen Street, they are conveniently located to serve individuals and families from Kitchener-Waterloo. A few services that Mosaic offers are credit counselling and debt management plans. They offer group as well as individual meetings. Mosiac can be reached at 519-743-6333 or visit their website.

Posted on February 10th 2012

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Answering your questions on “Ask the Experts”

Posted under Bankruptcy Kitchener & Consumer Proposal & Kitchener-Waterloo Community

Scott Schaefer and Ian Martin - Kitchener Waterloo Office

Scott Schaefer and Ian Martin

Are you struggling to make ends meet for you and your family? Do you lose sleep worrying about how you are going to manage your debt? Understand that you are not alone. Many people in Kitchener-Waterloo have seen the same financial ups and downs for plenty of different reasons and as a result, our phones continue to experience large volumes of people calling with questions about their debts. To address all the questions that we are receiving, Ian Martin and I will be on the 570 NewsAsk the Expert” show this Saturday February 4th at 12:00 noon. You can tune in and listen to the radio show on 570 AM or watch the live video feed on the 570 News website.

We are going to dedicate the entire hour show to answering debt related questions for the residents of Kitchener-Waterloo and all of Waterloo region. We will explain in detail consumer proposals and personal bankruptcies. In addition we will discuss surplus income in bankruptcy, what assets are protected when you file, who can file a consumer proposal, and what debts can be included.

If you can’t wait until Saturday, feel free to visit our hoyes.com website for more information to help you with your situation. If you would like to discuss your situation now, please call us at 310-PLAN or send us an e-mail.

Posted on January 31st 2012

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My top 6 budget tips

Posted under Budgeting

Scott Schaefer, CA CIRP

Some of the most popular resolutions each year are to “Budget” or to “Save Money”. The two of these go hand in hand, unless you make a lot more than your expenses, in which case, saving money could be easier. For the rest of us, we need to understand all of our cash outflows, in order to know how much we are able to save.

Budget – in simple terms, is a projection of future income and expenses. The concept is simple, but the execution is hard. Individuals, businesses, and government all struggle with enforcing realistic budgets and sticking to them. In order to be effective with budgeting, you need to be ready for a lot of hard work and accountability. Below are my top 6 tips to help you with your budget:

1. Understand your income: In my opinion, the most important item. Know exactly how much you bring home every month. This is the biggest constraint we have. Always think about your income after taxes as that amount is all that you have available to spend. If your income varies, you need to know the lows and the highs. In order to set a realistic budget, you need to be realistic with your income or the bottom line is not going to work.

2. Review your expenses from the last 12 months: This is a lot of work – I am not going to deny that. You need to review all your expenses from last year to understand where and how you spend your money. Get copies of all your bank statements and look at each transaction to get an understanding of where and how you were spending your money. Once you have reviewed all of your past spending, group the items into categories, such as shelter, vehicle, food, personal items, children costs, etc. Make your groups make sense for you.

3. Plan out your expenses in advance: Once you have reviewed last year’s expenses, you now can project forward the next 12 months of expenses. It is important to look at expenses on a monthly basis due to possible monthly or seasonal swings. Expenses change when looking at consecutive months but remain relatively consistent looking at the same month year over year. For examples, birthdays happen the same month every year, increased child care costs occur in the summer months, etc.

4. Understand your NEEDS versus WANTS: In order to stay on track and not overspend, you must ensure all the NEEDS are paid first. See my prior blog posting on Needs versus Wants concept.

5. Time all your bill payments with your pay cheques: Make life easier by matching the cash inflows with the cash outflows. Doug Hoyes explains this concept in his video at this link.

6. Reduce your debt load: Interest payments can eat up a serious portion of your monthly income. Eliminating debt allows you to have more available cash so that you can budget more effectively and start to save money for yourself.

Budgeting and cash projection is challenging, but very rewarding once you have mastered it. There are many principles and ideas out there – learn from them and adapt them to your situation. No two cases are ever the same; therefore you must find what works for you. More budgeting tips including video feeds can be found on hoyes.com.

If after you have done your budget and cash flow projections and you are losing money each month, then something needs to change. Look at the interest and debt serving costs – is this amount putting you in the negative each month? If so, then now is the time to restructure your debts. Consider what option will work for you. Some options include selling assets, refinancing with the bank, or a more formal plan such as a debt management plan, consumer proposal or personal bankruptcy.

Posted on January 5th 2012

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Understanding your options through videos

Posted under Bankruptcy & Bankruptcy Kitchener & Consumer Proposal

Debt Consolidation, Debt Management Plans, Consumer Proposals and Personal Bankruptcy – you may have heard about them before, but do you really understand how they work? In my Kitchener office, I have met with thousands of people from the Waterloo Region who have tried all of these solutions. What may work for one, may not work for another person.

Doug Hoyes and I were guests on the Ask the Expert radio show on 570 News and we discussed each of these topics in detail. Below I have listed various clips from our show for your reference. To discuss your specific situation, please do not hesitate to call me at 519-747-0660 or send me an e-mail.

What are the dealing with debts options?

What is a consolidation loan?

When does a consolidation loan not work for someone?

What are the advantages of consumer proposals?

What is personal bankruptcy?

Posted on November 21st 2011

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The Cost of Filing a Consumer Proposal in Kitchener Waterloo

Posted under Consumer Proposal

Scott Schaefer, Bankruptcy Trustee and Credit CounsellorChange.

Ok, there are no direct costs to file a consumer proposal. As an administrator of the consumer proposal, we are paid via a government tariff – tariff is a fancy word the government uses that means “ to be paid from the amount offered to the creditors”. That way, the trustee remains independent and unbiased throughout the entire proposal process. To read more on consumer proposal costs, please see this article at comsumer-proposals.org.

So what do I mean about “Change?” Well, a Consumer Proposal is a formal offer to deal with one’s debts through one monthly payment. The offer requires one to include all unsecured creditors. Therefore, individuals and couples are going to experience changes in their finances. Most people use credit cards, line of credits and overdrafts as part of everyday living. Well, after filing a consumer proposal, change is required because the cash system becomes king again, just like our grandparents and great grandparents once had.

A Consumer Proposal deals with one’s debts, but it is what that person does in their future that will decide how beneficial the consumer proposal was. Yes it deals with the debts, but we control our future. The more someone is able to change, the more benefit they will receive in the future. Cash management, spending patterns, wish lists, savings, etc. all need to be considered and changed as needed. Live is never easy or fair, but we can make the best of what we have. A consumer proposal is a government option to allow Canadians to obtain a fresh financial start – a new start. What are you going to change for your future?

Change, education, plan, discipline. These all become essential to make a future that you can base your goals around. In reading my last blog, you can see how Jack and Samatha from Kitchener used a consumer proposal to deal with their debts and then changed over time by learning and developing different cash management techniques to provide themselves with a stress free budget.

Plan your future now. Look at your situation and decide if change is something you need to build the future you want. If so, you can call me at 519-747-0660 or send me an e-mail to discuss your situation and options.

Posted on October 6th 2011

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Advantages of a Consumer Proposal

Posted under Consumer Proposal

Today I met with Jack and Samantha (as always, names are changed) for their second credit counselling session. It struck me right off that their appearance today was relaxed and content – much different than when I had met with them for the first time 6 months ago.

Scott Schaefer BA CA CIRP Trustee

At our first meeting I learned that Jack had been laid off and had been out of steady work for a period of time. This unemployment had set them back. Prior to his layoff, they had never missed a payment on any of their bills. However, the lack of steady income forced them to use one credit card to pay another. This mid-forties couple was stressed, fighting, and plain old stuck in the money shuffle. Before this time, in some ways you could say they were living their dream. They owned a nice home in Kitchener and had 3 great children – what more could they ask for?

They had accumulated debts that had become too large to manage after the unfortunate turn in their circumstance. We explored their options in detail and they decided on a consumer proposal as their solution to manage the debts. For them, the advantages of a consumer proposal were:

- They had financial control again through a monthly budget that balanced by making some changes in their spending and savings practices,
- They were able to pay one monthly payment toward their debts in the consumer proposal,
- The consumer proposal protected them from their creditors since it is creditor and court approved,
- They protected their family home, vehicles, and pensions,
- They did not have to file for bankruptcy – they really did not want to even consider bankruptcy,
- They were provided two credit counselling sessions with me in my Kitchener office to sit and work on their future plan, and
- They could imagine and work towards the future they wanted,

At the start of today’s meeting, I let them do the talking. They both explained to me how since filing their consumer proposal, they finally felt control over their finances. They expressed how now with the consumer proposal in place, they only need to think about their bills on pay days; the stress between pay days was gone – becoming the biggest advantage for them.

The consumer proposal for Jack and Samantha put all the unsecured debt payments together into one monthly payment, but the hard work for them was to make changes to their lifestyle that allowed them to work toward a future they wanted. We are all constrained with how much cash comes into the bank each month, it is how we spend it that we all need to continually work on.

Posted on September 30th 2011

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Debt Myths Exposed in Kitchener Waterloo

Posted under Bankruptcy & Bankruptcy Kitchener & Consumer Proposal & Kitchener-Waterloo Community

Do you have questions about debts?
Do you want to understand your options?
Do you want to know about debt consultants and why they charge money to see them?
Do you want to know about what a trustee in bankruptcy does?
Do you want to learn more about personal debts?
If you answered yes to any of these questions, then join Doug Hoyes and Ted Michalos live on Ask the Expert on 570 News this coming Saturday September 24 at 1:05 on AM 570 News. For the first time ever, the Ask the Expert Show will have a live video feed to the 570 News website. Therefore you can tune in at 570 AM or by going to the AM 570 News video feed on the web. To learn more about the show, click here.

Doug Hoyes on air at 570 News


Ted Michalos and Scott Schaefer on air at 570 News

Posted on September 22nd 2011

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