Bankruptcy Kitchener Blog

Archive for October, 2008

Personal Budgeting 101

Posted under Bankruptcy Kitchener & Budgeting

It is my belief that our education system fails us in properly training us on cash control and personal finances. We are taught a lot of good subjects by many great teachers through our schooling, but I feel there are some significant shortfalls when it comes to teaching personal budgeting, credit management, understanding contracts and interest, etc. I feel we should be forced to take a real life course on this subject in high school.

I spent the morning today at St. Jerome’s University (part of the University of Waterloo) as a guest speaker in Dr. Tracy Penny Light’s course on “Sexuality, Marriage and Family“. I was asked to speak on the topic of “Family Work and Family Money”. Picture In this 80-minute class of approximately 150 students, we discussed the impact of personal finances on family and individuals. In my everyday role as a personal trustee in bankruptcy, I meet with real people, having real money problems, needing a real plan. During my talk, I tried to keep the lesson open and allow students to add input to the conversation. While these students are very smart, some of them appear to be naive and untrained when it comes to formulating their thoughts on personal finances. Their text book was called “Choices and Constraints in Family Life” by Maureen Baker. Well, when it comes to finances and budgets, there are no two better words – choices and constraints.

We are all constrained by how much income we have available each month and when you compare it to actual demands for income we are left with choices. In today’s society, we are spenders and the economy is based on these spending habits. The difficult part is that the cash outs can exceed the cash ins on a regular basis. This is when we tend to fall back to credit cards to cover the shortage. For example, Canadian household debt as a percentage of personal disposable income per household is a staggering 131%.

This morning’s class allowed for the students to consider a situation – they were a married couple with 2 kids and due to an event (such as illness, lay-offs, reduced hours, change in employment, etc) their family income had dropped by $10,000 per year. They worked in teams to brainstorm how they would deal with this change. The students provided some good and practical solutions. The hard part is, these are real situations couples face every day and it is the use of credit that is sometimes what gets them by. When the debt levels are too large to manage, often couples consider personal bankruptcy or consumer proposals as an option. These are good people who did not plan for this to happen; it was the combination of many life events leading to that point in time.

In closing, I think individuals and couples would be better prepared to deal with changes though their lives if they were better equipped with personal financing courses included in their education. If you would like to discuss your situation, e-mail me or call me at 310-PLAN (no area code required).

Posted on October 30th 2008

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Second Opinions:

Posted under Contact Us

When do we feel that we need a second option? Personally, I feel I need a second opinion when:

  • I still have questions and I am not being provided answers
  • The explanation I have been given is confusing or not related to my situation
  • I feel like I am being given a quick answer
  • I feel like the person did not listen to me

 

 

The reason I raise this point in my blog today, is that I meet with people every week who have been to another place and they are unsure about the explanation they have been given about personal bankruptcy or consumer proposals. As a Licensed Trustee in Canada, I am responsible for adhering to the same standards as all other trustees. The difference in our firm is our people. We focus only on personal solutions for individuals facing financial hardship. In our Kitchener-Waterloo office, individuals only meet with experienced members of our Team. Two of my most experienced members are Jane Merling and Lynn Strouth, each with over 25 years experience in helping people with personal financial solutions. One of the ways we stay current is by supporting aspiring team members in their efforts to obtain a Trustee license (a rigorous 5 year program). Through this we attempt to provide clear information and help individuals and families make a PLAN for the future.

In Kitchener-Waterloo, we answer the phone, treat people with respect, and strive to answer all their questions. After meeting with an individual, we encourage them to call us back at anytime to answer any follow-up questions or to explain something if the person is unclear. It is never a bother or an interruption; we work as a team to be available when the person calls.

If you would like to discuss your situation or arrange a free consultation with us, please call us at 519-747-0660 or e-mail us. We are located on the second floor of the plaza at 607 King Street West in Kitchener which is near Zeke’s restaurant and Tim Hortons.

 

Posted on October 24th 2008

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Child Support and Bankruptcy

Posted under Bankruptcy & Bankruptcy Kitchener

Child support payment issues are something several readers understand all too well. This blog is in response to several individuals I have met with from Kitchener-Waterloo who have raised FRO as an issue. It will consider the position of the person who is required to make the payments. Generally we understand child support and we appreciate the theory behind it. The issue I hear the most about is the ability to pay it and deal with all other expenses and debt payments. If someone is behind in their debt payments, this compounds the problem for the payer.

Separation is a very trying and stressful time and it involves a major change in life style. Given that money is the central part to one’s life style, the change to one’s income and the requirement to pay child support significantly affects the budget.

Let’s focus on child support responsibility and a personal bankruptcy or a consumer proposal.

Does Child support go away in a personal bankruptcy or a consumer proposal?

  • NO, child support obligations pursuant to the Family Law Act, are not discharged in a bankruptcy or a consumer proposal (section 178 (1)(b)(c))
  • But there are special rights for the recipient if arrears exist in the past 12 months – the recipient has a priority claim over other unsecured creditors (section 136 (1)(d.1))

Child support payments during a bankruptcy

  • The costs of bankruptcy are based on the individual’s net income, which is calculated after payment of child support. Therefore, there is an incentive during a bankruptcy to remain current on payments of child support as it reduces the amount that one pays in a bankruptcy.

The Family Responsibility Office (aka FRO) is involved in a personal bankruptcy or a consumer proposal in many cases, especially once arrears in payments occur. The FRO uses garnishments as a method to collect for the payers’ pay cheque. The garnishment can be large enough to seriously affect the amount that someone has available for rent, cars, living expenses and debts.

Many individuals I have met with in our Kitchener office are making payments to child support, but they can no long keep up with their debts and living expenses. Several of them have chosen a personal bankruptcy or a consumer proposal to deal with their unsecured debts to help get them back on their feet financially.

If you are struggling with your debt level due to a requirement with respect to child support, call us 310-PLAN (no area code required) or e-mail me. We can discuss an appropriate plan for you.

Related Links

Family Responsibility Office

Bankruptcy and Insolvency Act

 

Posted on October 16th 2008

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