Many people think the only thing
bankruptcy trustees do is handle business and personal bankruptcy filings.
Not exact matches
When you file
bankruptcy the
trustee is going to
do any income tax returns [that are standing] at the date of
bankruptcy.
Every bank, financial planner, credit counsellor, mortgage broker and
bankruptcy trustee wants to help you improve your financial literacy, and they want to make a buck
doing it.
Every bank, financial planner, credit counsellor, mortgage broker and
bankruptcy trustee wants to help you improve your financial literacy skills, and they want to make a buck
doing it.
Filing a
bankruptcy does not necessarily restrict your ability to travel either, but you must keep your
trustee informed of where you are and how to contact you.
As your
bankruptcy trustee, we will
do an assessment of what assets would have to be sold and estimate the amount of surplus income that would have to be paid.
Also, if you paid the four mortgage payments you were behind all at once a month before you file
bankruptcy and
do not wait ninety - one days after that check clears, then the
trustee may be able to get all of that money back from the mortgage company.
In
doing this, however, you
do stand to lose any non-exempt assets you may have (stocks, bonds, cash in savings accounts, valuable artwork, etc) to the
trustee - in -
bankruptcy appointed by the court.
For instance, when a person files for
bankruptcy in Ontario, the
trustee will ask him or her a number of questions, including «in the last five years
did you sell any property?»
To
do all of this, a
bankruptcy trustee is required to «investigate an individual's affairs.»
Your property becomes placed under the supervision of a
bankruptcy trustee once you file, who may be able to sell some of your assets to pay back your debt, but this doesn't usually happen.
To declare
bankruptcy, you will have to approach a Licensed Insolvency
Trustee before you can
do so.
I'm a Licensed Insolvency
Trustee and my firm, Hoyes, Michalos & Associates
does thousands of consumer proposals and
bankruptcies for people who turn to debt to make ends meet and eventually found themselves in deeper trouble.
You can not use the homestead exemption to shield real estate that you
do not currently occupy from the
bankruptcy trustee.
If the U.S.
trustee or
bankruptcy administrator schedules the meeting at a place that
does not have regular U.S.
trustee or
bankruptcy administrator staffing, the meeting may be held no more than 60 days after the order for relief.
What they really
do is refer you to a licensed
trustee in
bankruptcy to file a consumer proposal.
DO N'T talk to your creditors or
bankruptcy trustee directly after you have filed for
bankruptcy.
Do you really need to book a consultation to talk to a
bankruptcy trustee or debt advisor to help you with your financial problems?
I am wondering if I am allowed to
do this, and if so, what role will the
trustee have in my Chapter 11
bankruptcy?»
Most people don't really understand what a
bankruptcy trustee is, who they work for, or how they get paid.
That
does not mean a creditor who is owed money on a particular bill will not show up to a 341 hearing, a court - order meeting of the debtor with a
bankruptcy trustee and any creditors who choose to attend.
To
do that, you must disclose various information to your
bankruptcy trustee, including the following information about: what...
If the creditors don't cease collection activities, then you can notify the
bankruptcy trustee in your case along with your attorney.
If you think you «may need» to speak to a
trustee — then you
do need to speak to a
bankruptcy trustee.
In order to properly advise you of your options, the
bankruptcy trustee should ask you a series of questions; how much and who
do you owe?
They don't happen often, so you want a
bankruptcy trustee that is experienced in dealing with creditors, and the court process.
If there are errors, contact the credit reporting agency directly (since your
trustee does not report directly to the credit bureau; all reporting is
done by the Office of the Superintendent of
Bankruptcy).
The Accountant in
Bankruptcy (AiB) can investigate complaints against
trustees and they are able to give instructions to your
trustee if they
do not believe they have acted properly.
If you
do not cooperate with your
trustee or keep to the terms of the trust deed, the
trustee can petition for your
bankruptcy.
It allows a
bankruptcy court
trustee to recover preferential payments made during this 90 day time frame to bring the payment back to the
bankruptcy estate, but it
does so at the discretion of the case
trustee.
One thing Troy was careful to note was that 4 Pillars
does not file for
bankruptcy (or consumer proposals) on clients» behalf, since only Licensed Insolvency Trustees (LIT) can do that, per Canada's Bankruptcy Insol
bankruptcy (or consumer proposals) on clients» behalf, since only Licensed Insolvency
Trustees (LIT) can
do that, per Canada's
Bankruptcy Insol
Bankruptcy Insolvency Act.
By law, a
trustee can not release any confidential information regarding a
bankruptcy unless they have a legal obligation to
do so.
Quick fact:
Did you know that only a Licensed Insolvency
Trustee (
Trustee in
Bankruptcy) can administer a consumer proposal or b
Bankruptcy) can administer a consumer proposal or
bankruptcybankruptcy?
Unlike
bankruptcy where we know the players — the
trustee and the judges, we often
do not know who we'll be dealing with when we are attempting to settle your credit card accounts.
If you
do go through a
bankruptcy, the law requires that you attend two counseling sessions with your
trustee.
Consumer Proposals are the number one alternative to filing personal
bankruptcy in Canada and this specialized debt consolidation tool can only be
done with the help of a Licensed Insolvency
Trustee.
These legal remedies for debt are
done through a
trustee who is licensed through the
Bankruptcy and Insolvency Act.
In most cases, the only people likely to
do a search are a
bankruptcy trustee (to see if you have filed
bankruptcy before) or possibly a creditor (to confirm that you have filed).
Working with a Licensed Insolvency
Trustee, you will come to understand not only how to handle
bankruptcy, but how to handle debt so you
do not become entrenched in it again.
If you are scared because you
do owe money for back taxes you can contact the CRA directly to discuss a repayment arrangement or talk to a
bankruptcy trustee.
A
bankruptcy is
done through the courts, and must be supervised by a professional who is licensed by the federal government to assist in any insolvency situation (
Trustee).
This assessment is focused helping you look at your financial situation to determine if
bankruptcy makes sense and then, only if it
does, your
trustee will explanation the rules and regulations that are associated with the
bankruptcy process.
So Eric, in my business, and of course as you know I'm a
bankruptcy trustee, I
do consumer proposals, I get a lot of people who say you know, I don't want to
do anything.
If you find that you
do need to go into debt, you must get permission from the
bankruptcy trustee.
Either way, debts don't go away on their own, so now is the time to book a no charge initial consultation with a licensed
bankruptcy trustee and consumer proposal administrator to review your options.
So the more money you've paid into your
bankruptcy, probably the more money the
trustee's getting paid, but conversely, they've probably had to
do more work, and there are limits.
What you're
doing, whatever payments you're required to make into the
bankruptcy goes into a trust account, which is why I'm called a
trustee.
No, the
bankruptcy trustee, in either chapter 7 or chapter 13,
does not come to your home.
Under Section 548 of the
Bankruptcy Code, the
Trustee may avoid or set aside a transfer of property made by a debtor if there is an actual intent to defraud, hinder or delay creditors or if the debtor was insolvent at the time of transfer and
did not receive less than full value.
Doug Hoyes: So in a proposal the government gets 5 %, the
trustee gets 20 % (roughly), and therefore the creditors are getting about 75 % and that's how they can
do the math to decide if that's better for them than in a
bankruptcy, because obviously in a
bankruptcy they're not getting all the money either.