Bankruptcy Kitchener Blog

Archive for April, 2007

April 25th 2007
Kitchener-Waterloo Job Market

Posted under bankruptcy Kitchener & consumer proposal

I have met with several people over the past year in our Kitchener office that have suffered a plant closing or downsizing which has resulted in their personal financial struggles.  In the Kitchener-Waterloo economy, statistics still appear to remain relatively strong, but there have been and will still be some significant job losses in the area.  Below is a list of a few businesses with recent job layoffs:

- La-Z-Boy in Waterloo for 413
- Automation Tooling System in Cambridge for 169
- BF Goodrich in Kitchener closure resulted in 1,100
- Imperial Tobacco in Guelph closure resulted in 550
- NCR in Waterloo laid of 250 on Dec 23 and are expects to cut 450 jobs in 2007
- MTD in Kitchener is now fighting to save 400 jobs

When meeting with these people, it is clear that most of them have obtained new employment in the area, but the issue is that the new jobs are at a significantly reduced rate of pay.  When you combine their monthly living expenses and debt payments with their new reduced family income, the financial struggle begins.  Their budget was being met with their old, higher paying union jobs, but now they are running a shortfall each month and cannot see a way out.  This results in a call to us to work on a Plan for their future.

Although each of these individuals or couples have a different situation, the common element to the situation is job loss.  During our meetings, we review their debt levels, assets, and monthly budget as well as their future outlook.  After reviewing the options and the situation, several of the individuals file a consumer proposal or personal bankruptcy to control their debts and obtain a fresh financial start based on their current income.  None of them ever expected to have to meet with us, but the reality is that they did not expect to be downsized or laid off from their former jobs.

If you are struggling to make ends meet and have experienced a similar situation and want to review your options, call us at 310-PLAN or e-mail us at questions@hoyes.com.

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April 18th 2007
Home ownership, debt, and bankruptcy in Kitchener

Posted under bankruptcy Kitchener & consumer proposal

Note: Our meeting with you is confidential.  This story is based on a real couple, but we have changed the names and some of the facts to keep their identity confidential.

A few months ago I met with a couple in our Kitchener office to discuss their financial situation.  In 2003 Paul and Jackie (not their real names) had been married for five years, were living in a rental unit, had a four year old car that was paid for, a nominal savings account and small balances on two credit cards.  They were both employed, had an infant daughter and decided they would like to take the plunge into home ownership. 

They fell in love with a brand new home in Kitchener priced at $275,000.  Their savings were insufficient to meet the down payment requirement, so Jackie’s parents granted them a loan to top up.  They amortized a mortgage of $250,000 over 25 years and moved into their new home.

They needed appliances and some new furniture so they took advantage of a “Don’t Pay A Cent Event” from a local furniture store.  They also realized that they needed window coverings for the many windows and in fact required the hardware as well.  A trip to a department store took care of that, but they had to use their credit card as the legal and other incidental costs of purchasing the house had depleted their savings. 

Paul decided that he would really like to build a deck on the back of the house.  He is handy and did the work himself, but the material went on their new building center credit card, as did a lawnmower and other gardening tools.  Jackie also did some landscaping around the house in the first year.

It had been their intention to put money aside each month to cover these debts, but they found that utility bills and taxes were more than they had anticipated.  At the end of the first year of home ownership they had to transfer the “Don’t Pay a Cent Event” debt to a high interest loan, they now had four credit cards with substantial balances, and they had not even begun to repay Jackie’s parents for the loan.  Paul was in line for a promotion at work and they planned to use his raise to start paying these debts off in the second year.

Paul did get his promotion and raise, but learned that he had to accept a transfer to his employer’s Mississauga location.  They needed a second car and decided their best choice was to lease one.  Paul’s raise was eaten up by lease payments, insurance and gas for his commute to Mississauga every day.  The second year brought an added surprise when they learned that they were expecting another child.

Jackie took maternity leave when the new baby was born which eliminated the need for day care, but her income was also reduced when she started collecting EI benefits.  By end of the third year they were further behind than ever and had to start using credit to cover intangibles like gas, clothing and even food at times.

Jackie returned to work which meant day care for two young children and their car which was now seven years old starting requiring a lot of repairs.  They had to take a few cash advances from their credit cards to help the cash flow situation.  The three year renewal period was up on their mortgage and the interest rate had crept up a bit, which meant a higher payment each month.  They talked to their bank about a consolidation loan to merge the unsecured debt but their debt to income ratio was too high and they did not qualify.

They decided to come in and meet with us when they started receiving calls from creditors about late payments. Their situation was as follows:

  • Combined income of $4,500 per month.  Mortgage payments plus taxes and utilities ate up almost half of that.  The lease payments on Paul’s car plus insurance and gas were another $800.  Day care, groceries and other living expenses took care of the rest.  Jackie’s car required constant maintenance.
  • They had $50,000 in unsecured debt and were barely able to make the minimum payments, which did nothing to reduce the debts.  They couldn’t even begin to repay the loan to Jackie’s parents, which was another $15,000.

I took a hard look at their situation.  Purchasing a home was a good idea for Paul and Jackie, but they made the fatal error of buying a home that was too expensive for them to handle.  As first time home owners they had no experience with all the “extra expenses” involved with home ownership.  Their intention of putting money aside to cover their debts was blind sided by everyday living expenses.

As a couple they also found themselves overwhelmed by the stress of trying to keep everything together.They had already made a budget and they were reducing their expenses to free up cash, but that alone was not enough. They were also unable to qualify for a debt consolidation loan (their debt was too high).

Next we discussed filing a consumer proposal. In a consumer proposal, we negotiate a settlement with your creditors; in most cases you pay less than the full amount owing. Since Paul and Jackie have good incomes, and did not want to declare personal bankruptcy, this was the correct option for them. We ended up filing a proposal where they pay $400 per month for five years. The creditors are getting some of their money, and Paul and Jackie will keep their home and avoid bankruptcy.

A proposal is not the correct option for everyone, but it is a good option for many people. To find out if a proposal would work for you, please call us at 310-PLAN (310-7526, no area code required) or e-mail us to arrange a free initial consultation. There is help available, so give us a call, and let’s get started.

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April 11th 2007
A Typical Consumer Proposal in the Kitchener Waterloo Area

Posted under consumer proposal

I met with a couple from Elmira today in our Kitchener office.  They are in their early 40s and have three children.  The issue they were having was a shortage in funds each month due to their debt payments and monthly commitments.  Over the years they had accumulated about $70,000 in debts from credit cards, personal loans, and a smaller tax debt.  The tax debt was incurred in the previous year from cashing in their RRSPs in order to make ends meet. They own a house with approximately $10,000 of equity and lease a 2005 vehicle, as well owning an older vehicle.  They have a Registered Educational Savings Plan (RESP) for the kids totaling about $4,000.

They are both working and net about $4,500/month combined with child care expenses of $800 per month given that they both work, leaving $3,700 available to cover the mortgage, household bills, car payments, gas, insurance, food, etc.  When minimum payments required on these debts were considered, they were usually forced to use credit to fund the shortfall.  Further, with paying only minimum requirements and the continued use of credit, they saw the overall debt level increasing each month.   

They are looking for a plan to deal with their debts and allow them to focus on their family.  The bank had already turned them down for a consolidation loan and there is not enough equity in their home for an equity loan.  We sat down and reviewed their situation and then discussed the options available.    

After reviewing the options, they have decided that a consumer proposal would be an option that would allow them to deal with their debts, keep their house, vehicles, and RESP, and allow them to balance their budget again.  They are offering their creditors a payment of $400/month for 60 months. 

If you are experiencing financial hardship and looking for a plan to deal with your debts while protecting your assets, a consumer proposal maybe a possibility.  Call us at 310-Plan or send us an e-mail and we can arrange a free consultation.

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April 2nd 2007
Talking about bankruptcy on the radio in Kitchener

Posted under bankruptcy Kitchener & consumer proposal

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  Our firm, Hoyes Michalos & Associates Inc. (our head office for our bankruptcy firm is in Kitchener), runs commercials on 570 News in Kitchener.   

Our professionals also appear frequently on Ask the Experts, a show where listeners can call in with their questions. (You can hear an archive of some of our past shows on our radio page).

On Saturday, Ted Michalos and I (that’s me on the right) appeared live from noon to 1:00 pm to discuss how to deal with debt.     

We mentioned the fact that in 2006 Canadians, including residents of Kitchener, had on average $5 in debt for every $4 they earned, the largest such level in history. Debt levels continue to rise, and needless to say, that causes problems for people.

 

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Douglas Hoyes, CA

Kitchener’s economy is performing relatively well (last year the unemployment rate was only 5.2%, well below the Ontario average of 6.3%), and interest rates are near 30 year lows, so even though debt levels are high, most people are able to service their debts. But what can you do if you are one of the residents of Kitchener who has more debt than you can handle? On the radio show on Saturday we talked about five options:

First, you can try to work through your debts on your own, by making a budget and cutting expenses to free up cash to service your debts. If you have sufficient income and good credit, a debt consolidation loan is another possible option.

If you don’t qualify for a debt consolidation loan, the third option to consider is credit counselling; in Kitchener, that means talking to the Catholic Family Counselling Centre, the only not-for-profit credit counselling agency with offices in Kitchener. They can often work out a plan where you repay your debts, in full, over a period of three to five years, usually with little or no payments for interest required.

If you cannot afford to repay your debts in full, the next option is a consumer proposal. In a consumer proposal, we negotiate a settlement with your creditors; in most cases you pay less than the full amount owing.

If you cannot afford a consumer proposal, the final option is personal bankruptcy, where your debts are officially discharged.

We ended the show by reminding everyone that if you have debt problems, you are not alone. Last year in Kitchener 316 people filed a consumer proposal, and 1,177 people filed personal bankruptcy. Across Canada, the total of those numbers is just under 100,000, so again, you are not alone.

Ted, myself, and our entire Kitchener team look forward to meeting with you to work out a plan to deal with your debts, so call us at 310-PLAN (310-7526, no area code required) or e-mail us to arrange a free initial consultation. There is help available, so give us a call, and let’s get started.

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