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Archive for May, 2010

Receiving statements after filing bankruptcy

Monday, May 17th, 2010

Question: I’m almost at the point of being discharged from bankruptcy, but there is one persistent company that is still sending the monthly statement, after repeatedly being advised of the situation. I understand that they are in violation of the bankruptcy act??? and should be reported to the Ministry of Consumer & Commercial Relations Ontario. Would you please advise what steps to take to stop the mailings? All the others stopped ages ago. Thank you.

Answer: The first step is to contact your bankruptcy trustee, and ask them to contact the creditor.  Send the statement to your trustee so that they have the correct account information, and then ask your bankruptcy trustee to send your “creditors’ package” to that creditor.  The trustee may also need to phone the creditor to get them to stop sending the statements.

If the debt existed prior to when you filed for bankruptcy in Ontario, the debt is included in your bankruptcy, whether or not the creditor continues to send you statements, so it’s not something to be overly concerned about; eventually the creditor will stop sending the statements.

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previous bankruptcy not discharged

Tuesday, May 11th, 2010

Question: If a person is not discharged from a previous bankruptcy, and the bankruptcy is 26 years old, can a current garnishment be stopped once it has started?

Answer: A garnishment can only be stopped by filing bankruptcy or a consumer proposal.  You cannot file bankruptcy if you were not discharged from your previous bankruptcy.  You cannot file a consumer proposal for any debts that were not part of the original bankruptcy.

Your best option will be to talk to an insolvency lawyer.  They can make an application to court to try to obtain a discharge from your first bankruptcy, which will then allow you to file a second bankruptcy if needed.

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what does the bankruptcy trustee charge in Ontario?

Monday, May 10th, 2010

Question: I was wondering if my wife and i claim bankruptcy in Ontario is the cost of the trustee included in the surplus payment? also if there is no surplus what does it cost for the services of a trustee?

Answer: Each individual trustee will determine your required contribution based on a number of factors, including the complexity of your file, your income, and other factors.

Typically the bankruptcy trustee will require you to make a contribution towards to the costs of filing, generally in the range of approximately $200 per month.  In addition you are required to pay your surplus income payments each month, based on your income.

An Ontario bankruptcy trustee can provide you with more information, and provide you with a no charge initial consultation to help you assess the expected cost of filing.

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Car Loan Situation

Sunday, May 2nd, 2010

Question: I got a loan for a car of $33K in 2008. As a right now I owe $22K. I had change one of the seat of car because when i left my dog inside the car he distroided and I replaced the car seat with an older one and also I put a remote started that I took out and put it in my other car like 4 month ago… I dont know if this is going to affect me in anyway if I declare bankruptcy?  Any advice in this situation and also I’m looking for a lawyer to represent me

Answer:  If you file for bankruptcy and your intention is to keep the car, you’ll most likely be able to do so as long as your account is up to date and you and the car loan company agree that you’ll continue making the payments to them.  You’d only include the car loan debt into the bankruptcy if you volunatrily wanted to surrender the vehcile back to that creditor and cease paying them.

For more information on how the bankruptcy process works, our advice would be to contact a local trustee in bankruptcy who’d be happy to explain your options to you in more detail.

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