Tuesday, April 23, 2013

A Bankruptcy Trustee Calgary Is Your Trustworthy Source Of Assistance

By Bertha Wells


For qualified help in debt management, a bankruptcy trustee Calgary is a trusted resource. This professional advisor will provide credit counseling, or undertake the procedural responsibilities for any Consumer Proposal or Bankruptcy filings. The rising specter of insolvency is facing many Canadians buried under a growing pile of consumer debts. However, before any recourse is taken to address this situation, consumers should learn more about the scope of available services.

Trustees are financial liability management experts. They are able to offer relief through the various means they are empowered to utilize for the benefit of their clients. Being licensed by the government, they have the legal power to begin the process for the official discharge of financial liabilities.

The Bankruptcy and Insolvency Act, BIA, provides two legally binding solutions for individuals or businesses to resolve their debts. One solution is a Consumer Proposal, which permits modification of outstanding obligations, and the other is Bankruptcy. Each option has its advantages and disadvantages. Which is the better remedy depends on the individual financial circumstances of each case.

In the event credit is needed thereafter, the more advantageous alternative is offered by proposals. Generally they will less adversely affect credit reports. They are also less costly. The advantage may not exist in some situations. For instance, both deeds will result in negative notes in the credit reports of affected debtors. But, notations from proposals typically last for just a three year period, whereas the more extreme remedy leaves an imprint for a six year period. But, where the full five year completion term for a CP is utilized, the negative effect will remain for an eight year term. The biggest benefit of bankruptcies is that they permit dismissal of unsecured debts. If debtors have assets they wish to protect, proposals may be more appealing or them. For example, if their home equity value exceeds the amount of the Alberta exemption allowance, they may not be able to retain it under an insolvency filing where homes are subject to sale after seizure.

Government provided student loans taken borrowed within a ten year period from the insolvency date, since 1998, are not permitted to be discharged. This period has been shortened by recent reforms which have also modified the process. Bankrupts can submit applications to discharge of such loans after seven years. They may also apply for relief after five years, on grounds of hardship.

Unsecured creditors will be stopped when proposals are filed from taking or continuing legal actions to recover what is due, unless the proposal is rejected, withdrawn or annulled, or the trustee is discharged because the action was not fully performed. This arrangement does not allow it to be used to terminate or amend any agreement or to discontinuing service. However, legal actions to recover what is not affected by such an arrangement are still possible.

A debtor commences the procedure after contacting a trustee. This step is required for the initiation of the process and the filing of documents with the OSB. Within ten days, trustees must file a report containing subject matter details. A forty five day period is given to creditors to respond. Absence of a response, it is taken to be acquiescence in this situation.

Just a minority of discharge applications require a court hearing. For most bankrupts, bankruptcies are a passage to an unopposed discharge which will extinguish a majority of their liabilities. Other alternatives may also be available to debtors. Overburdened debtors seeking redress are advised to meet with a qualified bankruptcy trustee Calgary as soon as practicable. The full implications of recent reforms and your personal situation are best addressed by such an experienced consultant.




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1 comment:

  1. I am concluding the last two monthly payments off of my credit debt, then I will attack my student loans debt. I would like to speak to a bankruptcy person to get their opinions of some monetary options I might consider taking to tackle my student loans debt?


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