Sometimes bankruptcy really is the best option

We know from experience that debt problems are typically not a sign of weakness or bad decisions. Often circumstances beyond a person’s control such as divorce, illness, inherited debt or unemployment can make debts unmanageable.

So, our role is to help people explore every possible way to resolve their debt problems. There are options and we frequently help people implement solutions that avoid bankruptcy. We understand people may feel there is a stigma or a sense of failure attached the idea of going bankrupt.

However, there are times when bankruptcy is absolutely the best (or only) course of action.

Keep in mind that sometimes efforts to avoid bankruptcy can actually make things worse. An individual may use a line of credit or take on a new loan to deal with debt. These may help in the short term but ultimately can increase debt problems. We know people want to avoid bankruptcy because of the impact on their credit rating. While it’s true your credit rating ‘takes a hit’ when you go bankrupt—it is also negatively impacted when payments continue to be missed.

The positive outcome of going bankrupt is that you are finally able to have a ‘fresh start’ after years of trying to cope with excessive debt and feeling like you are not getting ahead. And, many people don’t realize that tax debt to Revenue Canada is a dischargeable debt in bankruptcy too.

When you declare bankruptcy you are allowed to keep your RRSP’s and you may be able to keep your home, car and your ‘tools of the trade’ (exemption amounts apply), so realistically you can be in a good position to ‘start over’ and rebuild your financial situation. Keep in mind that during a bankruptcy you will be making regular payments towards your estate and once you’re discharged from bankruptcy, with the habit of making these payments, you could consider taking this same amount each month and placing it in an emergency fund,  savings for retirement or a down payment.

Bottom line: there are situations where declaring bankruptcy is the responsible choice and the quickest way to a new, stronger future.

To learn more about bankruptcy and whether it is the best course of action to address your debt issues, contact us for a confidential, no-obligation, complimentary consultation. Call us toll free from anywhere in Alberta 310 8888 for a free consultation or visit our website at www.gt.alger.ca for more information on your debt options.

Why a consumer proposal is (almost) beating out bankruptcy as the best way to deal with debt.

Across Canada individuals are increasingly using a consumer proposal to address (what has now become) their unmanageable debt. A proposal is based on what you are capable of paying . . . not what you owe – and it allows you a fresh start without going bankrupt.

Under a consumer proposal, with the guidance of a Trustee, you negotiate to pay creditors all or a portion of your debt over a specific time period, or to extend the time allowed to pay the entire debt. You just need the majority of creditors to agree to the proposal—then all unsecured creditors are bound by it.

After you make your proposal, most creditors can no longer ‘hound’ you for collection of their accounts and public utilities can’t discontinue their service. Also, a consumer proposal prevents your creditors from garnishing your wages.

In 2006 only 15 per cent of insolvent Canadians chose to make a consumer proposal. Now that number is at an all time high of 40 per cent. There are a number of reasons why.

Firstly, in 2008, changes to the Bankruptcy Insolvency Act (BIA) increased the limit of the size of non-mortgage debt for qualifying for a proposal from $75,000 to $250,000.

And too, economists suggest it’s a sign of improving times where consumers are more optimistic about the future and are keen to ‘clean-up’ their debt issues in ways that are manageable—and without going bankrupt. With a consumer proposal you keep control of your assets and it has shorter-term – and less significant – impact on your credit rating than bankruptcy.

For some it’s all about keeping their car, home or signed jersey by Jerome. A consumer proposal starts with the consumer – you propose a deal to your creditors to pay back the debt. If you want to sell your car to do it, that is your choice. Remember, whatever you negotiate with your creditors should be fair otherwise they may just ask for your prized collection.

Remember too, in a bankruptcy you are mandated to make some payments toward your debts—for example (depending on the debt) you might be required to pay $1,000 a month for 21 months. In contrast, with a proposal you might negotiate to pay $600 a month for 40 months. This can be a more manageable option.

And, sometimes avoiding bankruptcy is very important. Your profession or employer may require that you not be an undischarged bankrupt. You also can’t be a director of an incorporated company if you are an undischarged bankrupt.

Not to mention, sometimes it’s also a psychological thing—people in general don’t like the ‘b’ word (bankruptcy). A consumer proposal provides a solid solution to resolving debt issues without committing to bankruptcy.

To learn more about a consumer proposal and whether it is the best course of action to address your debt issues, visit our website at www.gt.alger.ca or contact us for a confidential, no-obligation, complimentary consultation toll free from anywhere in Alberta 310 8888.