Bankruptcy Kitchener Blog

July 23rd 2007
There is life after bankruptcy in Kitchener

Posted under credit cards & bankruptcy Kitchener

I received a phone call recently from Lynda (not her real name).  In 2002 Lynda and her spouse were filing for a divorce.  This life altering event caused a number of problems in her financial life as well as her personal life and Lynda filed for personal bankruptcy.  She received a discharge from her bankruptcy in 2003 and started over as a single person.

Lynda was telling me that after to her discharge from bankruptcy she was able to save some money and purchase a home, which has grown in value to the point where it now has about $30,000 equity.  She also leases a vehicle.  She has been careful with her finances, heeded the advice she received in her debt counseling sessions and now feels confident that she is “in control” of her own life.

janemerling.jpg

Jane Merling

She was telling me that she would like to obtain a credit card for the purpose of ordering from the web, purchasing theatre tickets and other commodities that seem to require one.  She was apprehensive about applying for a credit card as this would be her first attempt at venturing back into unsecured credit, she wasn’t sure if she would qualify and did not want to have a number of “hits” on her credit report.      

I suggested the following:

  1. Obtain a credit report from Equifax and examine it thoroughly.  If there are any discrepancies make Equifax aware of them immediately.  It is critical that this report be as accurate as possible as lenders rely on the information provided.
  2. Meet with an officer in person (not just on the phone) with her home bank and explain her situation.  If the bank is unwilling to grant her unsecured credit ask how she can improve her situation to meet their qualifications and then follow their advice.
  3. Get a secured Visa card as a way to rebuild credit, and to have a credit card available for internet and other purchases.

Lynda told me that filing for bankruptcy gave her a fresh start and that the changes she has made in her life have enabled her to move in a positive direction.

If you feel that you need  Fresh Start call us in Kitchener at 310-PLAN (310-7526, no area code required) or 519-747-0660 or e-mail us to arrange a free initial consultation.

No Comments »

July 9th 2007
Creating Debt to Pay Debt in Kitchener

Posted under bankruptcy Kitchener

We have met with a number of people who have gotten caught in a circular manner of paying lines of credit and credit card debt.

Let me explain. I recently met with Donna (not her real name) in our Kitchener office. For a number of years whenever she found herself short at the end of the month, Donna would simply take a cash advance from one credit card or line of credit and use those funds to make a payment on another debt.

janemerling.jpg

Jane Merling

While this may have resolved the immediate problem of keeping the payments up to date and avoiding late charges or phone calls from creditors, it created a false sense of paying debt. In fact, if she had gone back and added up all the interest and cash advance charges she had paid she would have been shocked.

A few months before Donna came to see us she lost her job as a result of a downsizing in her place of employment.  It only took a few short months for her credit to get maxed out and the house of cards that she had built began to fall apart.  She was no longer able to use the circular manner of paying debt that she had relied on for so long because she had no more credit and could not increase her credit limits during a period of unemployment.  She was actively looking for another job but in the meantime creditors were starting to call.

Donna filed a bankruptcy with us, putting an end to the collection calls and continuing interest charges.  The bankruptcy process includes debt counseling, which she feels will be very helpful in making positive changes in the way she deals with her finances in the future.

If you are finding yourself close to the maximum limited on credit card/ credits line and that you sometimes have to rely on this method of payment, give us a call at 310-PLAN (310-7526, no area code required) or 519-747-0660 or e-mail us to arrange a free initial consultation.

No Comments »

June 27th 2007
Bankruptcy effect on Employment in Kitchener

Posted under bankruptcy Kitchener & bankruptcy

One concern that people have when they are considering filing for personal bankruptcy is the impact on their job. 

For most of the individuals I meet with, a personal bankruptcy will not have any impact on their employment and generally their employers will not find out about the bankruptcy.  Below are a few situations when an employer would find out about an employee filing for bankruptcy:

i) if there is a garnishment on the individual’s pay, then the Trustee would have to notify the employer to have the garnishment stopped,

ii) if the individual does not provide the required tax information to complete any outstanding tax returns, then the employer maybe contacted to obtain the information, and

iii) if the individual is required under their employment contract to notify the employer of a personal bankruptcy filing.

Were it becomes more complex is when there are other professional standards or industry regulations involved.  These include insurance agents, real estate agents, accountants, lawyers, etc.  The professional standards related to the professions above along with industry regulations could impact the individual’s ability to file a personal bankruptcy without a negative consequence.  But a consumer proposal may then be the more viable option to deal with the debts and limit the impact on someone’s employment.

If you are having financial difficulty and want to review you options, please call us at 310-PLAN or e-mail us.  If you are with a larger organization, you may want to contact your Human Resource Department unanimously to discuss the impact on your employment.

No Comments »

June 6th 2007
Bankruptcy Duties - a typical consultation in Kitchener

Posted under bankruptcy Kitchener & bankruptcy

Today I met with a single lady and her teenage daughter in our Kitchener office.  She had been recently struggling with her debts, primarily do to her reaching the limits on her credit cards.  She is renting an apartment for a reasonable amount.  Her income is based on hourly rates and she nets $1,850 per month.  She has never received support for her child.

Often her cost of living exceeded her income and she therefore used her credit cards to make it by.  Now with interest, her credit cards have become too large to manage.  She has 3 credit cards that total $22,000.  The stress of the situation increased when she took some time off work and as a result, did not get paid for those days.

We sat down and reviewed her options.  Personal bankruptcy was the option she chose, although she was embarrassed about having to file, she realized that the Bankruptcy and Insolvency Act is available to give the honest but unfortunate debtor a fresh start.  Her focus was on her and her daughter living on the income they have.

The duties she will have during her 9 months of bankruptcy are: she will have pay $160 per month into the bankruptcy, complete monthly income and expenses statements, attend two one-on-one credit counselling sessions and if her income exceeds $2,237 her payments will increase (referred to as surplus income).  After all of her duties are completed, she will be eligible for a discharge from bankruptcy.

If you are experiencing financial hardship and want to review your options, call me at 310-PLAN or via e-mail.

No Comments »

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).

No Comments »

May 14th 2007
Student Loans and Bankruptcy in Kitchener Waterloo

Posted under bankruptcy Kitchener & bankruptcy

I met with a woman in our Kitchener-Waterloo office to review her financial situation and to develop a plan for her future.  To outline her situation:

She is a single mother of two children 
She rents an apartment
She receives child support of $400 per month
She works for a large insurance company in Kitchener
Her net take home pay is $2,300 per month
She has a 1999 Pontiac Sunfire, worth about $3,000

With respect to her debts, the largest portion of her debts is student loans from the mid 1990’s.  The student loans totaled just over $30,000 and she has credit card debt of $11,000.  The student loans have been a issue for her over the years.  She had taken the Business Administration diploma at Conestoga College in Kitchener.  She did find employment after completing school, but over the past decade, she had two children and between not being able to make her student loan payments while on maternity leave and the costs of raising the children on her own she had limited amount of money she could pay towards student loans.

We discussed her debts, her monthly budget and family situation.  Then we reviewed her options in dealing with the debts.  Although she was disappointed her situation came to this point, her preferred option was to file personal bankruptcy.  In filing for bankruptcy, she is working to obtain a fresh start and move forward on a plan for the future.

One key element to this person’s decision to file for personal bankruptcy is her student loans.  The current rules state that a person must have ceased to be a full- or part-time student for 10 years before they can file for bankruptcy and have the debts discharged.  That is, if a person files for bankruptcy before 10 years have passed since they completed school, then the student loans would still be a debt they would have to pay after the bankruptcy is discharged.

In this situation, it was very important that she confirmed the actual end of study date that the government has on record.  I gave her the following phone numbers to confirm the end of her study dates:
Canada Student Loans 1-888-815-4514
Ontario Student Loans 1-807-343-7260
In addition, the other item she obtained to confirm this was her transcript.

If you are experiencing financial hardship and want to develop a plan for the future, please contact us via e-mail or call us at 310-PLAN (no area code required).

No Comments »

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.

No Comments »

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.

No Comments »

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.

No Comments »

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.

No Comments »

« Prev - Next »