Bankruptcy Alternatives in Canada

When you can’t pay your bills

If you can’t pay your bills, you are not alone. Almost everyone reaches this point at one time or another. Like most of them, you may think the only way out in Canada is bankruptcy.

Alternatives are available, and this page outlines your options for you.

Non-payment is a non-option!

You may feel so overwhelmed enough that you just try to carry on without paying. This will only make matters worse:

Your best bet to make things better is to act immediately. Let us help you choose your best solution.

But I can’t pay my bills! Do I have any alternatives?

Yes! The good news is that, of several bankruptcy alternatives in Canada, at least one would probably be right for you. Imagine stopping those harassing calls and letters!

Here are your main options, in order of priority:

Learn better money management

Create a budget, by listing all your monthly income and expenses. Analyze it to see if you can raise your income or lower your expenses. Use all the cash you free up to repay your debts.

Realize that a lot of what you are buying is not necessary. Don’t waste your money by giving in to impulse buying. Get rid of most of your credit cards as soon as you can pay them off.

Also, rebuild your credit rating, to get necessary credit more easily and at lower interest rates.

You can get free help with budgeting and other money management skills, from a professional credit counsellor.

Get a Debt Consolidation loan

Replace your unsecured debts with a single debt consolidation loan, with one monthly payment, a lower interest rate, and possibly a longer payment period. If, like most people, you have much of your unsecured debt in high interest credit cards, the lower interest cost will make it much easier to get back in the black.

See a credit counsellor and consider a Debt Management Plan

A credit counsellor can help you build money management skills, and may negotiate with your creditors to set up a debt management plan, with a single monthly payment and lower interest costs, spread over up to four years.

Ignorance of The Law Will Not Help You in Bankruptcy Court

If you file for bankruptcy obey the Bankruptcy Certification requirements or your debts will not be US Bankruptcy Code is very complicated and has many rules which you must obey or the court will not discharge your debts.

Follow your attorney’s instructions carefully. If you do not have an attorney and you are acting as your own attorney you will be held to the same standards as a licensed attorney. You should carefully review and be familiar with the Bankruptcy Code, Bankruptcy Forms and Bankruptcy Rules.

In 2005 the law was amended to add two new requirements. The Bankruptcy Code now requires that debtors complete a program in Credit Counseling before filing their case with the court. After filing their case with the court the debtor must complete a course in Personal Financial Management before they are eligible to have any of their debts discharged by the court.

Before filing your case with the Bankruptcy Court, a course in Credit Counseling must be completed and a Bankruptcy Counseling Certificate of completion obtained. Credit Counseling must be completed not more than 180 days before filing with the court. The certificate must be filed with the court. (EXH D to Petition). If the case is not filed within the 180 day period counseling must be repeated and an new certificate of counseling must be obtained before filing with the court.

After filing your case you must complete a second course often referred to as a Bankruptcy Discharge Course (this course is sometimes referred to as ‘Personal Financial Management’ or ‘Debtor Education’) and obtain a certificate of completion. Do not take this course until after you file your case with the court and the court assigns a file number to your case. After completing the course in Personal Financial Management you must file a Certificate of Completion with the court (Form 23).

Why is this important? The law requires that Credit Counseling be completed before filing Don’t be fooled by the clerk at the court filing window accepting your filing even if it does not include the Credit Counseling certificate. The clerk at the window is not permitted to make the legal determination that a filing is insufficient or to give you legal advice. Legal determinations are made by the Bankruptcy Judge. If a certificate of Counseling is not filed several things may happen depending on how the assigned Judge handles such matters. If you are lucky the Court may give you a few days to complete Counseling and file the certificate. If you are not lucky the court may simply dismiss your case and if you file again you will have to pay a new filing fee.

The law requires that the course in Personal Financial Management be completed after you file. If you do not complete the Personal Financial Management Course and file the required Certificate of Completion (Form 23) with the Court the Court will close your case without a discharge. This means that all your creditors are free to resume their collection efforts. It may be possible to move the court to reopen your case (requires a fee) and to permit you to complete the course in Personal Financial Management after which the court could enter a discharge..

These are simple rules but failure to comply with them can cause big problems.A debtor is responsible for obeying the rules and simply saying you didn’t understand is not sufficient.

Filing For Bankruptcy In Dallas

As a bankruptcy attorney in Dallas I have consulted hundreds of homeowners trying to stop foreclosure after being denied a loan modification. While these homeowners followed their lenders directions to the tee in an effort to avoid foreclosure, they ended up with a foreclosure sale date hanging over their head. The unfortunate thing is they trusted their lender to act in their best interest and now may lose their home to foreclosure.

Can I Still benefit from a Chapter 13 Bankruptcy if I make too Much Money to File a Chapter 7?

Even if a debtor is disqualified from filing a Dallas Bankruptcy based on income there are still significant benefits which can be achieved by filing a Chapter 13. In fact, being disqualified from a Chapter 7 may not turn out to be a disadvantage at all if the filer has a significant equity value in assets beyond a home and an automobile. While a filer’s home and a vehicle can generally be retained under both types of bankruptcy filings as long as their equity doesn’t exceed bankruptcy code limitations, a Chapter 13 filing will provide advantages in areas of asset valuations and assets which are considered to be non-exempt in a Chapter 7 Bankruptcy. Antique collections, second homes, and rental properties can be retained in a Chapter 13 but would have to be surrendered to the court in a Chapter 7, for example.

These advantages are maximized in a Chapter 13 Bankruptcy when there are extensive assets with attached equity over and above the valuation caps placed on assets in a Chapter 7 filing. The flexibility of these asset valuations is then combined with a repayment plan set by the court for debts listed in the filing. Additionally, the repayment of court-reduced debts under Chapter 13 reorganization carries certain advantages over the discharge of debt commonly seen in Chapter 7 Bankruptcies. The main advantage here is that a Chapter 13 Bankruptcy typically shows on credit reports for around seven years as opposed to the ten year duration for a Chapter 7. This allows for an earlier start and a faster rebuilding process for a filer’s credit score.

A Chapter 13 filing can also allow for the “cram-down” of auto loans which can result in much lower payments and a reduction of the outstanding balance on the way toward paying off the vehicle in full. A cram-down requires that the vehicle must have been purchased at least 910 days prior to the filing of the Chapter 13 bankruptcy. In a cram-down, the loan balance is reset to the vehicle’s current market value. The remaining payment period can also be extended, lowering payments and saving thousands of dollars for the filer.

There are other benefits of Chapter 13 Bankruptcies as well including the stopping of foreclosure proceedings and the discharge of subordinated mortgages which have become unsecured due to a decrease in the value of the associated property. A Chapter 13 bankruptcy is usually far more complicated than a Chapter 7. To ensure the best results, insist on working with an experienced bankruptcy attorney.

Personal Bankruptcy – Why You Should Not File

Are you experiencing a lot more debt and overdue credit card bills than you can possibly handle? Within the economic environment nowadays, you are absolutely not on your own in that boat and you may perhaps be imagining that filing personal bankruptcy might be the only manner to be able to see the light of day once again. A good number of folks think this way when their feelings are clouded by the piles of bills and the constant barrage of telephone calls from creditors, each appearing more sinister than the last almost certainly by no means considered yourself as the type of man or women that would ever have to file personal bankruptcy, but the current world is vastly different than what anyone might have thought it to be, even as recently as 5 to 15 years ago. Even with the changes in the bankruptcy laws which allow it to be a lot more tricky to file bankruptcy, people are still filing in great most important issue here is that the vast bulk of folks usually do not fully grasp the financial framework well enough to realize that bankruptcy is more than likely the last option to consider, and the truth is for a lot of individuals, that option doesn’t need to be utilized. There are quite a few bankruptcy alternatives and options that will need to be looked into and completely checked out first before taking such a drastic start with, let’s consider a number of of the realities of what happens when you declare bankruptcy because many folks have a drastically incorrect concept of it and how “simple” it is, when simple isn’t going to even be a part of it. For a personal bankruptcy, there are two chapters that could be applied, which are identified as Chapter 7 and Chapter 13. With Chapter 7, your debts are wiped out, basically plain erased and you get to start over. With Chapter 13, your debts are reorganized and set up into payments that you can manage on your income, generally with the stipulation that the credit card debt be paid off in 3 to 5 so who in their right mind would not pick Chapter 7? That is certainly where the problem comes in — it’s not your decision. The courts go over your financial condition with a fine tooth comb, going incredibly in-depth and considering each little thing, both income and obligations. Then the Judge, not you, would make the final decision regarding which chapter you could you investigated debt consolidation? We’re not talking a LOAN right here but talking about a debt consolidation PROGRAM, which is substantially less difficult on both you and your credit ranking when compared to bankruptcy. Or have you thought of a loan so that you can bring your debts current or quite possibly pay them off, where you would only have to pay ONE interest rate rather than a lot of them? The bucks you could save in interest on it’s own tends to make this option look appealing for quite a if you decide that personal bankruptcy is indeed your best alternative, then do yourself a favor and have a bankruptcy evaluation, which is free. This evaluation which is done by experienced lawyers will analyze your financial situation and inform you what to anticipate if you choose to move ahead with the bankruptcy filing. Along with the new laws, the judge even has the power and the legal right to disapprove your application to file, and wouldn’t it be excellent to know that in advance so that you can make strategies to do something else?Do not allow yourself to imagine that filing bankruptcy is going to remedy all of your issues. It might resolve some but you should recognize what you are getting yourself into, but easing that discomfort today might potentially trigger even more pain in the future if you don’t perform it in the right way and with your eyes open.

Bankruptcy Will Not Led You to Guiltiness

Nowadays we all would like to live a lavish living whether we have that much cash flow you aren’t. Consequently we consider mortgage through other folks or even banks to boost the business or perhaps to shell out upon our self. But when you cannot give the bad debts on the one that provides credited an individual method Bankruptcy. As well as the men and women associated with Atlanta there is something that can assist get you started. In addition, there is no one is able to aid you in such a condition except Atlanta bankruptcy attorney. They are with you in your poor occasions and thus can help you should you be truthful together. They are going to consult with you and also can find several remedy which can help one to find of this difficulty. This specific Atlanta bankruptcy attorney would help your household to handle with all the creditor’s .They are going to propose you to definitely document the particular bankruptcy which assists one to have all the actual protection under the law with you. There are lots of Atlanta bankruptcy attorneys but you should always navigate to the individual who is actually prepared to help you and never enthusiastic about your charges. They should preserve all of us from collector harassment and also might inspire us all to live a fresh existence. They must be presently there for people anytime and really should perform critically for us.

But it’s crucial that you should discover all of the treatments before you decide to file bankruptcy. In addition there should be someone that supports you together with fight to suit your needs and they are Atlanta bankruptcy lawyer. They show us all the best way the way to file as well as which are the particulars that needs to be revealed for you to other individuals. They might very first present you with free of charge first appointment and once you prefer their particular way you can very easily join for them. The actual Atlanta bankruptcy lawyer can also see whether this bankruptcy is essential or cope with the problems without them. That they recognize our own scenario and also perform detailed review upon the problem. Actually they could also help make the out courtroom pay out. Hence Atlanta bankruptcy lawyer are the person who is much like your current pal inside your bad occasions.

You can find situations if you are not really under your management and also do a problem online websites just like abuse. The actual Atlanta criminal lawyer will be the one who could struggle for you in case you are found in just about any scams, funds laundering or other criminal offenses. They are doing a full examine people situation in order to aid you in getting faraway from these complaints. There are numerous Atlanta criminal law firms that are always willing to enable you to. However you would be wise to go with the individual that is much more seasoned plus can give time for it to anyone. It is very required for them to allow you to whenever you want. Your lawyer should be this kind of who can setup a meeting if you are been recently caught and help you to get far from right now there. Atlanta criminal lawyer are extremely defensive and try to try to get the truth and assist their potential customers.

Pros of Filing For Bankruptcy

There are certainly a lot of negative aspects to being in this situation, but there are a lot of pros to filing for bankruptcy once you’ve gotten into a situation to be considering it.

Your creditors will stop calling you. Chances are that you are well aware that you owe money–but creditors are still calling you, constantly. This will stop once you file.

You can stop focusing on your past problems. You’ve probably been pretty focused for a while on trying to fix these problems, but you can finally let go of that move on–this will be a huge relief. There will still be much to do, don’t be mistaken about that, but at least it will be moving forward instead of constantly looking back and being stuck.

Instead, you can start focusing on rebuilding your finances. This will be difficult, but at least it’s in the right direction. It will take a while to build up a decent credit score and be able to make any big financial moves again, but at least you’ll be moving forward. Staying stuck in the same situation, and possibly digging yourself into deeper trouble, will certainly not be moving you forward, and probably will only be delaying the inevitable and taking longer overall.

Often while we’re trying to put off having to file for bankruptcy and make such a big decision, we end up getting further behind and racking up more debt. Once it’s gotten to a certain point there may be no other way out. By filing for bankruptcy you can get out of the situation, start moving forward and building a new life instead of letting this drag on further.

While it is certainly a hard decision to make with many downsides, there are a lot of pros to filing for bankruptcy.

Whether to File for Chapter 7 Bankruptcy

At Sulaiman Law and Associates, foreclosure attorney Ahmad Sulaiman devotes his time to educating his clients on all their options, from short sales to filing for bankruptcy. The latter option, however, is one that Sulaiman prefers his clients tread into lightly, as the perceived notion of bankruptcy and the reality of what it really means can sometimes be two different things.

For most people, bankruptcy should be the last option instead of the only choice. In my professional opinion, it is usually not the best option for our clients under the current law, especially for those who were victims of predatory lending practices.

Chapter 7 Bankruptcy

Chapter 7 is ideal for people who owe a large amount of unsecured debt, such as credit cards, medical bills, utility bills and unsecured loans without a lot of assets. Different from filing for Chapter 13, which is a reorganization tactic, Chapter 7 bankruptcy is full liquidation of all your debts. It’s like winning the lottery, as all the debts that you can’t pay are essentially erased. But the chances of Chapter 7 bankruptcy unfolding perfectly are about as likely as winning the lottery.

When to Choose Chapter 7

When it comes to a solution for fighting foreclosure, Chapter 7 is a better option than filing for Chapter 13 if you aren’t making any money. But you can still afford your home through things such as savings accounts or inheritance. The law allows you to keep your property such as a home, car, or clothing that meet certain standards. These are referred to as exemptions, and the bankruptcy trustee (who handles the logistics of your case) may sell any assets that do not meet these standards to settle your debt. Most people file Chapter 7 bankruptcy because they don’t have any assets above those limits, but they have medical bills, utility bills, and credit card balances that they cannot pay off.

Any individual is eligible for Chapter 7 as long as he or she is not barred by law from doing so. Under certain circumstances, however, some debts may not be discharged, and some people may not be able to receive a general discharge. A full review of your file will determine if this is good option for you.

It is also important to remember that you can file for bankruptcy at any time before the foreclosure sale of your home. With that in mind, it is probably beneficial for you to weigh the advantages of using other types of loss mitigation strategies before you choose to file.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this article nor your receipt of this article create an attorney-client relationship.

Reasons Why You Should Consider Bankruptcy

Filing for bankruptcy can be a difficult decision for most people to do. Although there are many different reasons, then, is the main reason for the bankruptcy filing. Remember that each person will have their own unique situation and that will be held in this process.

One of the most common reasons that people will consider the bankruptcy of the accounts is that they can not pay. This can be things such as credit cards, which are loaded or even medical bills that are causing you some financial strain. Keep in mind that once it begins to start getting past due, it may be difficult to straighten out, especially when the late fees and over limit fees start to add their own cards as well.

Of course, this is not the only reason for filing bankruptcy. Another reason is that you have a ruling from the Court before you file, the creditor has filed. In cases like this, you’re going to find that the creditor can garnish your wages and reduce the amount of wages to take home. The financial strain can have a negative impact on other aspects of your life. Of course, you have to understand that when wage garnishments, such as the IRS can not just come out of bankruptcy.

Consider how to use the stress in your life, having all the creditors calling you. When you begin your bankruptcy case, some of those collection calls will go away. It will be up to creditors to initiate the process of handling the legal system. Of course, the phone calls and harassment reduction will have a positive impact on your family and you should find that it gives you a more relaxed state when the process is complete.

With all the things you need to sit down and decide whether to initiate the filing of the bankruptcy process is appropriate for you. Please note that although the bankruptcy remains on your credit file of up to 10 years old, he does not have the same bearing as all negative credit items that remain on your credit report. In fact, many people believe that after only two years after filing their bankruptcy, they will be able to get loans again.

Keep in mind that the process of filing for bankruptcy is not one that takes place at night, and it is intended number of items that you’re going to need to consider in this process. Take your time to discuss your options with a bankruptcy attorney, if possible, and get their input on the bankruptcy of a style that works for you as well. What are you going to find that there are two main types of bankruptcy, Chapter 7 and Chapter 13. Depending on your finances, one of these methods is best suited for your circumstances.

Do I Need Denver Bankruptcy Attorneys To File For Bankruptcy?

If you are a resident of Denver and are about to start the process of filing for a chapter 7 or chapter 13 bankruptcy, then the answer to the question of needing Denver bankruptcy attorneys to file is no, you do not. Individuals may file on their own. However, for those uninitiated in the Denver legal system, it can be very confusing to make your way through the proceedings, and it is very likely that you will miss out on all of the financial relief for which you are allowed under the current bankruptcy laws. It is for this reason that many Denver residents turn to Denver bankruptcy law firms for help.

There are several steps in the process to file bankruptcy. Denver residents who are not attorneys will want to seek the counsel of bankruptcy lawyers. Denver attorneys who are well acquainted with the bankruptcy court and the laws that preside there can help you through the meetings, classes and forms that must be filled out.

Before you can get to the point where your debt is discharged, there are several steps that must happen first, which will be explained to you by bankruptcy lawyers. Denver residents will first meet with an attorney at Denver bankruptcy law firms and take a credit counseling class, either by yourself if you want to file as an individual or with your spouse if you jointly will file bankruptcy. Denver residents after this will meet again with your Denver bankruptcy law firms’ lawyer, who will need to see your bills, tax returns for the last two years, social security card and driver’s license in order to help you fill out all of the necessary paperwork needed to file bankruptcy. Denver homeowners then have the option of filing the paperwork with the bankruptcy court themselves, or having it done via the Internet by your bankruptcy attorneys. Denver residents will then get ready to meet with their creditors with the help of their bankruptcy lawyers.

Denver lawyers attend that meeting at the courthouse with you, which can be a little frightening for those who have never been through this before. At this meeting, more information may be needed, and this can be handled professionally by your bankruptcy attorneys. Denver residents then spend time attending another credit counseling class, receiving a certificate for completion, and then making sure to send it to your bankruptcy lawyers. Denver homeowners then have to wait for a period of time, during which your creditors may object to you getting a discharge. If this happens, you will need to go back to court with help from your bankruptcy attorneys. Denver residents who go through this time period with no objections may either get their discharge notice immediately, or after making payments on a payment plan for an agreed upon length of time, after which you should then get the relief that they need to move on with life.