Bankruptcy Kitchener Blog

Archive for the 'consumer proposal' Category

April 1st 2008
Tax Debts and Bankruptcy in Kitchener

Posted under bankruptcy Kitchener & consumer proposal

On Saturday Ted Michalos and I were guests on the 570 News Ask the Experts show, where we spent the hour discussing taxes and personal bankruptcy in Kitchener.570asktheexperts.jpg The topic of taxes always draws a lot of attention as we are all affected by taxes and there are many rumors around how they work. There are several reasons that individuals owe taxes to Canada Revenue Agency (formally Revenue Canada), including but not limited to:

  1. Self-employment,
  2. Working more than one job,
  3. Receiving pension income,
  4. Reassessments of prior years returns, and
  5. Cashing out RSP’s



The options in dealing with tax debts are:

  1. Pay them – in a lump sum or over a CRA payment plan;
  2. Apply to relief under the CRA fairness provisions;
  3. File a consumer proposal,
  4. File for personal bankruptcy in Kitchener, or
  5. Let Canada Revenue Agency (CRA) garnishee pay cheques, freeze bank accounts, place liens on assets, etc.

It is true that the Canada Revenue Agency has more collection powers than any other creditor.  Some of the difficulties individuals face when they have a tax debt is

a) they have various other debts and do not have the funds available to pay the tax debt and

b) CRA tends not to be too aggressive with the collection calls compared to other creditors.

One of the common misconceptions with respect to tax debts, is that they never go away.   This is not true.  A tax debt is a dischargeable debt in a bankruptcy or consumer proposal pursuant to the Federal law called the Bankruptcy and Insolvency Act.  Therefore, if someone does file for bankruptcy and has a tax debt, then that will be included and discharged as part of the bankruptcy.

Further into the radio show we discussed consumer proposals. In a consumer proposal, a CRA liability is a debt that does go away. 

The main difference is that the creditors vote on a consumer proposal and therefore if taxes are the majority creditor a consumer proposal acceptance will depend on whether Canada Revenue Agency wants to accept it.

There are proposed new rules around bankruptcy that will impact tax debts.  Doug Hoyes and Ted Michalos (founders of Hoyes, Michalos & Associates) were in Ottawa last month and presented the Senators with their opinions on these new bankruptcy laws

If you are finding yourself with a tax debt that you are not able to handle and want to discuss your options, e-mail or call me in Kitchener at (519) 747-0660 or 310-PLAN (7526).  As a Chartered Accountant and a Trustee, I will understand your situation and will be able to explain to you how to make a plan to deal with your tax debts.

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August 15th 2007
Stadivarius Anyone?

Posted under bankruptcy Kitchener & consumer proposal

I recently read an article in the Washington Post about an experiment that was conducted at the Metro in Washington on a typical Friday in January.  Joshua Bell, an internationally acclaimed musician who has performed in many of the great concert halls around the world, agreed to play his violin at the Metro station during morning rush hour.  He performed for 43 minutes during which time 1,090 people passed the spot where he stood.  Many of these people either had a coffee in hand or where talking on cell phones. Of the 1090 people who passed him by a grand total of 7 paused for a moment to enjoy the music. 

OK not everyone is a fan of classical music or (like myself) didn’t even know who Joshua Bell was before reading this article.  However, just the fact that an obviously talented musician was playing the violin in a train station at 7:30 in the morning should have been enough to get the attention of more than 7 out of 1090 people.   A poll was done on the train about this event and while the comments varied most of them were along the lines of “no time”, “big meeting this morning”, “gotta get to work”, “I’m already late”,  “what violinist?”.

You may be wondering what any of this has to do with a blog about financial difficulties or money problems.  It was obvious from this experiment that less than 1% of the people involved felt relaxed enough that they could take a few moments out of their routine to enjoy something unusual.  It made me think of many of the people I meet with on a daily basis.   Financial difficulties and money problems are undoubtedly one of the big stressors of today and many people are stretched to the limit trying to keep up.   On numerous occasions I’ve had people tell me that their ability to make payments on their debts relies on working overtime, or having two jobs or that both spouses must be gainfully employed at all times.  They are often consumed with worry and concern about how they are going to hold everything together “if something happens”.  Unfortunately, all too often something does happen that can tip the balance and send them into a world of collection agents, legal battles and garnishees.

If you are feeling that you can’t possible relax for fear of losing the grip on your finances give us a call us at 310-PLAN (that’s 310-7526, no area code required, anywhere in Ontario), or complete our one minute on-line evaluation and one of our professionals will contact you to set up a no-charge initial consultation to help you make a better plan to deal with your debts.        

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August 2nd 2007
Today’ Trivia Question: Consumer Proposals in Kitchener

Posted under credit cards & bankruptcy Kitchener & consumer proposal

Here’s today’s trivia question:

Which city in Ontario had the biggest increase in the number of consumer proposals filed in the first six months of 2007?

Since you are reading this on the bankruptcykithchener.org web site, you have probably already guessed the answer:

The number of consumer proposals filed in Kitchener, Ontario increased by 45% in the first six months of 2007, the largest increase of any city in Ontario, and significantly larger than the increase of 22% in the entire province of Ontario.

douglashoyes.jpg

Douglas Hoyes, CA

So, is this good news or bad news?

Some will say it’s bad news, because an increasing number of people in Kitchener are experiencing debt problems, and need a way to deal with their debts.

I prefer to think that this is good news. Many people still believe that the only solution to debt problems is personal bankruptcy; I’m glad that the word is getting out that there are other alternatives.

(I’ve done my part to get the word out; Ted Michalos and I appeared on Ask the Experts on 570 News in Kitchener back on March 3, and we discussed how consumer proposals can be used to deal with credit card debt. We also talked about consumer proposals when we returned again on April 2).

I think the increase in consumer proposals in Kitchener is also good news because most residents of Kitchener who file proposals have a job and are earning an income, because without an income it’s hard to make a proposal. An increase in proposals shows that debt levels are increasing in Kitchener, but it also shows that people in our area have jobs, which is good news.

It’s also good news that many Kitchener residents want to repay their debts, and when given the chance they are happy to make a deal with their creditors.

In a consumer proposal we negotiate a settlement with your creditors; in most cases you pay less than the full amount owing. Your debts are taken care of, and you only have one monthly payement.

Would you like to find a way to stop collection calls? Wouldn’t it be great to only have to worry about making one payment each month? Then a consumer proposal may be right for you. To find out if a consumer proposal is right for you, call our Kitchener office 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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May 16th 2007
Repossessed Vehicle or House?

Posted under consumer proposal & bankruptcy

I have met with a couple of people over that last week in our Kitchener office that are in a similar situation – that is, the bank has taken back a vehicle or a house and the result is a shortfall too large to manage.

For various reasons, many individuals find themselves in a predicament where they cannot make payments to their creditors, possibly resulting from employment interruptions for medical issues, injury, lay-offs, terminations, seasonal work, etc.  Once someone is unable to pay their debts, creditors look for ways to collect.  Debts related to vehicle loans and mortgages are secured and as such, the vehicle or house is pledged as collateral.  Therefore, after a period of time, the bank looks to seize or repossess the vehicle or house.  In order to stop this from happening, a sizable amount of money (for the payment arrears and any other costs) is required.  Failing this, the bank repossesses the asset and then sells it, and then if the amount received by the bank is not enough to pay the loan/mortgage, a shortfall results.  The bank will then look to collect on the debt.

Depending on the size of the shortfall, the ability to pay back the creditor may or may not be feasible.  From the individuals I met with this week, the result of the repossessed assets left them in a situation were they could not continue to pay their debts as the shortfall combined with all their other debts were too large to manage.  A consumer proposal or a personal bankruptcy are options to assist individuals get a fresh start financially and deal with their debts including the shortfall from a repossessed asset.

If you are facing a shortfall from a repossessed asset and want to discuss your options and plan for dealing with the debts, please e-mail us or call us at 310-PLAN.  I met with individuals at our Kitchener office located at 607 King Street West (in the plaza in front of Zeke’s Restaurant).

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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

570asktheexperts.jpg
  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.

 

douglashoyes.jpg

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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March 3rd 2007
Credit Cards and Bankruptcy in Kitchener

Posted under credit cards & bankruptcy Kitchener & consumer proposal

Today Ted Michalos and I appeared on Ask the Experts on 570 News in Kitchener. We spent the hour discussing credit cards, and how to deal with credit card debt. I added that they can help you earn rewards and air miles, and you get a nice summary of your spending at the end of each month.

Ted started the show by explaining that credit cards are a convenient way to make purchases so you don’t have to carry a lot of cash. Ask The Experts on 570 News
Douglas Hoyes discussed bankruptcy in Kitchener  

Douglas Hoyes on 570 News

Unfortunately, there is a very big negative with credit cards: the high interest rate. That’s why we made the following point two or three times on today’s show:Credit cards should be a substitute for cash, not a substitute for borrowing.

In other words, if you have the cash to make a purchase, using credit cards is fine; just be sure to pay off your balance at the end of the month. If you don’t have the cash, try to get a loan at the bank, or a line of credit, to keep the interest you are paying as low as possible.

Beware of the “low introductory rate” offers that get you to transfer your balances on other cards, only to increase your interest rate six months later.

Ted then talked about one of his “pet peeves”: people who have two many credit cards.We both believe that having one or two credit cards is fine, but if you have more than two credit cards, you run the risk of spending too much, and even worse, carrying a balance and paying a very high interest rate. 

 

Ted Michalos  

Ted Michalos on 570 News

When you consider that there are over 50 million credit cards in use in Canada today, that’s a lot of credit cards! Even worse, 32% of Canadian carry a balance on their credit cards, so that’s a lot of interest being paid each month.

What’s the solution?

If you have more credit card debt than you can handle, take action now.

Start by working out a monthly budget to determine how much you can afford to pay on your debts each month. By cutting some expenses you may be able to pay your credit cards off yourself. If you need some help, the credit counsellors at Catholic Family Counselling Centre in Kitchener can help you work out a budget, and even negotiate with your credit cards on your behalf.

On today’s show we discussed consumer proposals, a great alternative to bankruptcy where professionals such as Ted and I work out a plan where you repay a portion of what you owe, based on your income.

Of course if your credit card debt is overwhelming, a personal bankruptcy may be necessary to stop the collection calls and help you get your life back.

As we said on the show, if you have too much credit card debt, give our office a call in Kitchener at 519-747-0660 or 310-PLAN (310-7526, no area code required) or E-mail us to arrange a free initial consultation.

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February 12th 2007
Senior Citizens and Debt

Posted under consumer proposal

I’ve met with a number of seniors in Kitchener recently that find they are struggling with high debt loads. Debts may have carried over from a time they were working, but reduced income may make it almost impossible to keep up. In some cases, insufficient income tax is deducted from a pension which adds to the financial stress when a tax bill arrives.

The possibility of health care requirements that may not be covered by benefit plans just increases the problem. Without resources such as equity in a home or personal investments, some seniors are finding that they simply don’t have enough income to go around. High interest rates, phone calls from creditors and embarrassment at not being able to adequately provide for themselves have left some seniors overwhelmed at a time in their lives when they should be enjoying retirement.

If you are a senior experiencing any of these problems contact us in Kitchener at 519-747-0660 or at 310-PLAN (no area code required) for a free consultation with one of our professionals. Offering a proposal to creditors is one example of how we could help you to develop a plan to get your financial life back on track.

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