Today 07/03/2009
Bankruptcy Ontario: Free Information about Bankruptcy in Ontario

Ontario Personal Bankruptcy Blog

Ontario Personal Bankruptcy Blog provides free personal bankruptcy information and helps Ontario residents dealing with their debt.

Below are the most recent personal bankruptcy questions. Be sure to check out our Frequently Asked Questions page for answers to more common questions about personal bankruptcy in Ontario. Remember, you can always post an anonymous question, as well as arrange for a free consultation with a personal bankruptcy expert near you.

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Recent Bankruptcy Questions:

Posted on Thursday, July 02, 2009

Should we go bankrupt??

Question: Here's the deal....my husband has been out of work for a year and a half and debt is piling on top of debt. I make approx. $2200 a month but am now laid off for the summer months. We are barely managing our day to day bills (mortgage, car payments, insurance) and are hardly ever able to pay external bills such as phone, cable, hydro, etc. And that doesn't even touch our credit card bills (between us we have about $25 000). What do I do?? I don't know if bankruptcy is the right option. I want to keep our house and I need a car for work. Please help. I am at a loss.

Answer: Before worrying about whether or not to go bankrupt, the first step is to get your expenses as low as possible. With the recession it's possible it will take a while longer for your husband to find a job, so expense reduction is critical.

You want to keep the house, but if you don't have enough money coming in each month to pay the mortgage, that may not be possible. You may need to consider selling the house to reduce costs, and find a place to rent. You could also consider taking in a boarder to help with the costs.

The next item on the list is your car. You need a car for work, but not necessarily the car you have now. You could consider selling the car to pay off the loan, and replacing it with a less expensive used car.

These are just suggestions, since I don't know what you are paying for your house and your car, and whether or not it's possible to replace them with a less expensive alternative.

Once you have your expenses under control, then it will be necessary to consider options for dealing with your debts. The most common reason for filing bankruptcy in Ontario is to prevent your wages from being garnisheed. If you are both not working at the moment, it may not be necessary to file bankruptcy until you are back to work.

If your husband returns to work, a consumer proposal may be a better option.

For more specific advice, contact a licensed Ontario bankruptcy trustee who will help you evaluate your options and decide on the best course of action.

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Posted on Tuesday, June 30, 2009

Separating and Bankruptcy

Question: My spouse and I are separating. If he goes bankrupt, will I lose the house? His name is still on the mortgage.

Answer: The answer depends on a number of factors.

First, in a bankruptcy, the bankrupt person will lose the house if it has equity. Equity is the difference between what the house is worth, and what's owing on the mortgage. If there is minimal equity, he would not lose the house, which means you would not lose the house. If there is equity, he would be required to pay his share of the equity to keep the house.

The next issue is the mortgage. If your spouse goes bankrupt, the bank may remove his name from the mortgage. The bank may only allow you to keep the mortgage if your income is sufficient to qualify for a mortgage on your own. This may not be an issue immediately, but it may be an issue when the mortgage is up for renewal.

You should consult a family law lawyer to advise you more fully on your options for keeping the house.

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Posted on Monday, June 29, 2009

How does Bankrupcy work when you have no Income

Question: I currently have no form of income, I have creditors breathing down my neck for money that I cannot possibly give to them! How would bankruptcy work for someone with no income?
Thank you

Answer: The main reason most people file bankruptcy in Ontario is to prevent their creditors from garnisheeing their wages. If you have no income, then you have no wages for them to garnishee. If you have no assets, there is nothing for the creditors to seize, so could simply do nothing. The creditors may continue to harass you, but if there is nothing for them to get, legally there is nothing they can do until you return to work.

Alternatively, you could go bankrupt, but bankruptcy costs money. Trustees in Ontario charge a minimum contribution each month, plus you lose your tax refund and GST credits while bankrupt. If you have no income, it may make more sense to wait until you have an income to go bankrupt.

However, if you don't want to deal with the phone calls from creditors, and you have a way to pay for the cost of the bankruptcy, that is also an option.

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Posted on Friday, June 26, 2009

bankrupt recently now someone wasnts to sue me

Question: I bought something in a little shop and was making payments on it . the shop keeper refused to give me reciepts as he said . just pay what you can when you can. Personallty he did not want it to go through his records
he showed up at my house threatening to take back what i bought ( a bird ) ..
is this a secured debt ?
Can he take my bird ?
He threatened a wage garnishment
what do i do ...

Answer: First, if someone shows up at your house threatening you, you should call the police.

Second, if you have filed bankruptcy, your unsecured debts are included in the bankruptcy. The shopkeeper should have been listed on your statement of affairs, so the trustee should have notified him of the bankruptcy. If this was not done, you should contact your trustee immediately.

It is doubtful that he registered a lien on your bird; that's the only way it could be a secured debt. He should file a claim with the trustee, who can then investigate whether or not it is a secured debt.

A creditor cannot garnishee your wages while you are bankrupt, unless they get the prior permission of the bankruptcy court, which is highly unlikely in your case. Your trustee can provide you with further information.

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Posted on Thursday, June 18, 2009

Bankruptcy Vs. Proposal

Question: Hi, I have already gone through bankruptcy before approximately 15 years ago. Now I'm in a terrible situation with my finances where I can't make ends meet.

Here is my situation: In the past 6 years, I have been married, had a child, divorced, and now have shared custody of my child. I have been living with a woman for over a year now and she is expecting.

I owe approximately 50K in debt on credit cards and 2 seperate lines of credit.

I make 60K a year.

The woman I am living with has been separated from her ex for over one year. He is claiming bankruptcy, which will force her into bankruptcy as well as she is currently not working and is co-owner of their home and vehicles (her ex and the house is in a western province)

with the arrival of a newborn just before Christmas we are very scared about our finances and our future.

Please help! any advice would be greatly appreciated.

Answer: You have severe financial problems and your situation is urgent, but it is not hopeless. You have a number of options.

One option would be to file bankruptcy in Ontario again. However, a second bankruptcy is more costly and cumbersome than a first bankruptcy. It will last for at least one year (instead of the minimum of nine months in a first bankruptcy), and you are required to appear in bankruptcy Court to receive your discharge.

A better option would probably be to file a consumer proposal, where you make a deal with your creditors and avoid a second bankruptcy.

Whether a bankruptcy or a proposal is the correct option will depend on a number of factors. You earn $60,000 per year, so you have good income, which is generally the most important factor in filing a consumer proposal.

Our debt options calculator can help you assess your different options. Then, contact a licensed trustee in Ontario to arrange for a detailed, no obligation, no cost review of all of your options, and then you can make an informed decision.


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Posted on Monday, June 15, 2009

bankruptcy & co-signer (?) on bank account

Question: My son filed for personal bankruptcy a few month ago & this bankruptcy included his overdraft amount on his bank account, roughly 1000.00. A few years ago, he moved to the U.S., so we went to the bank, so I could get a bank card on his account, to be able to deposit & withdraw money so I could make monthly payment's on his student loan & other debts he had here in Ontario. Now the bank is coming after me, for this overdraft amount, saying when I signed for the bank card, I became a co-signer on his bank account. This was never told to me when I signed for this. When I called about this, the bank manager said this was true & said the statement would be addressed in both of our names but the statement is only addressed to my son. Another thing my son questioned was, if I am co-signer, why didn't I have to sign when he went for the overdraft protection? Can the bank come after me for this money & will this ruin my credit if it is not paid. I never heard of being a co-signer on a bank account, a loan yes, but a bank account no!

Answer: Since the bank account had overdraft protection, it is both a bank account and a bank loan. The first step will be to ask the bank to show you a copy of the paperwork you signed agreeing to be liable for the overdraft. If they can't prove that you are liable, they should stop threatening you.

If you did sign for it, then you are liable for the overdraft. In that case it may be simplest to pay them if the amount is reasonable. Alternatively, you can let them pursue you, but if they do it will have a damaging impact on your credit.

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Posted on Thursday, June 11, 2009

Is it Possible to discharge student loans without going bankrupt?

Question: Is it possible to have a student loan discharged (older then 7 years) with out claiming bankruptcy. I do have other debts that have gone to 3rd party collection agencies but I'm working with almost all of them to repay the relatively small debts.

My student loan is the biggest obstacle and I haven't been able to make payments on it for sometime. Bankruptcy is the last resort for me and I think I'd be okay if I could just get rid of this student loan.

Answer: A student loan can only be discharged by paying it in full, making a settlement with the lender, by filing a consumer proposal, or by declaring bankruptcy. You could contact the lender and see if you can work out payment arrangements. If not, it may be necessary to consider one of the other options.

If you haven't been able to make payments on it for some time, it is likely that your income isn't sufficient to continue servicing it even if they did reduce the interest, so a proposal or a bankruptcy may be the only logical option.

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