Howard Hayes Bankruptcy Cambridge Ontario Blog

It is no secret that collection calls are annoying, frustrating and even scary.  Getting phone calls all the time from people asking for money that you cannot pay can definitely make you never want to pick up the phone again! 

Howard Hayes

A lot of people think that if they simply ignore all the calls for a while, they will eventually stop.  Unfortunately, the complete opposite can happen.  In fact with modern day technology, most collection agents now use computerized auto dialers that keep calling at set times of the day until someone in the house picks up.

I would never advise someone to ignore calls from creditors.  Not only will they not stop, but the creditors will just try harder.  They might call more often, or find different numbers to call you on such as friends/family/employer.  They’ll also send threatening notices in the mail.  Eventually, they will go to court and attempt to get a wage garnishment against you.  For a consumer debt, that means your employer must give up to 20% of your gross pay to the creditor.   Obviously, a wage garnishment is much worse than some pesky phone calls and you want to avoid this happening.

Ignoring collection calls will only make your problem worse.  The only way you can get them to stop is by one of these three options.

1. Finding some way to pay at least some of the money you owe.  You might try to make a deal with them to pay your debts in a way you can afford.
2. You can file a Consumer Proposal with a licensed trustee, or
3. File for Personal Bankruptcy which, like a Consumer Proposal will legally force them to stop all actions against you. 

If you would like to discuss any of these options for getting your creditors to stop calling, I would be happy to speak with you.  Call 519-622-3773 or send me an e-mail and we can make it possible for you to pick up the phone without fear!

This years Cambridge Times Rotary Fun Run was another great success and the great weather on Sunday helped to bring lots of people to the event.

The Hoyes Michalos Rotary Run Team

As proud sponsor and supporter of the event, Hoyes Michalos & Associates Inc  Cambridge Office entered a team this year.

Although it’s not about where you finish, we’d not do this blog justice if we failed to mention that Adam and Scott from our Kitchener Office both won medals in their respective age categories and that Hoyes Michalos won the overall team event.

This year the Cambridge office of Hoyes Michalos & Associates are once again happy to be a sponsor of the Annual Cambridge Times Rotary Fun Run. 

The Cambridge Times reports that this years Rotary Run will also feature special guest Walter Gretzky.

Walter Gretzky

If you’ve not already registered, it’s not too late to join.  The registration fees for each race is $20 and $25 respectively.

Doug Hoyes

Scott Schaefer

Our Cambridge Office Trustee, Doug Hoyes will be running this year along with other members of the team here at Hoyes Michalos & Associates. 

How????

Normally, collection agents are hired to collect on a debt when the person you owe to realizes that you’ve not been making the monthly payments on debts.

The collection agent usually has one thing in mind – keep calling, calling, calling until the account is collected.  It can get so bad for the person who owes the money as every time the phone rings they never know if it will be someone asking for money that they simply do not have.  If this sounds like you, you may be wondering how you can stop these annoying calls?

Here’s some idea’s:

Howard Hayes

Firstly, you can try to make a deal with the creditor that you will pay-off what you owe them in a way you can afford.  This is for people who think they can pay back the entire debt but just can’t make the monthly payments that are being asked.  If they are able to make smaller monthly payments over a longer period of time, they could eventually pay back everything they owe.  Sometimes, creditors will agree to this. 

You could also try to make a lump sum deal with the collection agent themselves.  Collection agents are paid by commission based on how much money they get so, if you offer them a lump sum of what you can afford, even if it is not the full amount they might go for it since it means they will get commission right away rather than having to wait many months for it.

File a Consumer Proposal. By offering a Consumer Proposal that is filed through the office of a licenced trustee, you’ll be legally protected from collection agents calling you trying to collect on the accounts.  As soon as the collection agent is made aware of the filing of the proposal (usually within 2 to 5 days of filing) they have to cease their efforts in trying to collect.

File personal bankruptcy.  This will guarantee that these collection calls are stopped.  When you file for personal bankruptcy, all of your unsecured debts are cleared.  As with the consumer proposal above, upon filing a bankruptcy, a ‘stay of proceedings’ is sent to the creditors telling them to stop all the actions they have taken against you, including collection calls.  A stay of proceedings is federal law under the authority of the Bankruptcy & Insolvency Act, so you will have peace of mind when your phone rings knowing that it is a friendly call and not someone demanding cash.

If you would like to learn more about how to stop collection calls, send me an e-mail or call me at 519-622-3773 and I would be happy to answer any of your questions and review all of your options with you. 

Other useful ideas along with an explanation of your rights are explained in more detail in books such as “The Wolf At The Door”, written by expert and previous collection lawyer Mark Silverthorn.  Click here for more information on how to obtain your copy.

Howard Hayes

In simple terms, creditors are not allowed to pursue money owing from prior to the date of the proposal.

If you don’t owe CRA anything, then yes, you keep your refund if you file a Consumer Proposal. Whereas in a bankruptcy, regardless of whether or not you owe CRA money, you’ll lose your tax refund.

This is often considered to be a good advantage to you to consider filing a Consumer Proposal rather than a bankruptcy, particularly if you normally receive a large tax refund.

If you currently owe money to CRA and you file a proposal, all taxes owing up to the end of the prior year are included in your proposal. If you file a proposal on March 24, 2010, all taxes owing up to the end of December 31, 2009 are included, since that’s the last period for which you will have filed your taxes. When you file your taxes for the 2010 year, you are required to pay whatever is owing.

If you get a refund for the 2010 tax year (which you wouldn’t file until early 2011), in theory CRA should send you the refund.

However, on occasion CRA could take the position that, since part of the refund is for the year of the proposal, they will take the refund and apply it against the previous balance owing.  

So, it maybe best to assume that you won’t get your refund for last year (if there was a prior balance owing), and it may be possible that you’d not get your refund for this year. Or you may. CRA have not held a consistent position on the matter in the past.

If this is a concern of yours, feel free to call me on (519) 622 3773 or send me an email.  We’re here to help you understand the implications of questions like this one and to give you the right information so you can decide on the best options available to deal with your debts.

Does this sound like you?
Angie has been self employed for the past 15 years, but recently, due to an illness, she has had to close her business as she cannot afford to pay someone to take her place. Angie now owes about $50,000 on credit she used to finance the business with and does not know how to come up with the money to pay them back. What can she do?

What can you do?
Individuals in this kind of situation have a number of options. Obviously without a regular income it is difficult to save up enough money to pay back your debts. Solutions to this problem include a debt management plan, a proposal to creditors, but most likely bankruptcy.  In a bankruptcy some assets may be liquidated and the money is used to pay back your creditors. It is one of the fastest ways to get rid of debt.

If this sounds all too familiar and you’re looking for help, call our office today at 519 622 3773 or email me your question.

You were laid off at work and now cannot afford to pay the bills.

Does this sound like you?
The company you were working for was forced to shut down and as a result, you’ve been laid off. You’d been working for the company for quite some time and before the shutdown you were making a substantial income. You have yet to find a new job and are beginning to fall behind on monthly payments. What should you do?

What can you do?
The first step is to make a list of monthly expenses. By identifying your specific expenses, you will be able to determine which ones you can reduce.

If you are still, after reducing your expenses, unable to make your monthly debt payments, you may want to consider a debt management plan, a proposal to your creditors, or possibly even bankruptcy. Bankruptcy should be considered the last resort, but can give you a financial fresh start. To research your options further, contact our Cambridge bankruptcy office for a free consultation, or email your questions to our bankruptcy trustee in Cambridge.

Howard Hayes

Yes.  A tax debt to CRA is a debt you can include into either a Personal Bankruptcy or a Consumer Proposal.

(Unfortunately, you likely not going to be able to include a tax debt into a debt management plan with a credit counsllor or debt settlement company).

With CRA debts, it’s important that if you file either a Consumer Proposal or Personal Bankruptcy, then you’d want to make sure that your tax returns are up to date.  Either use the latest software, or use a tax accountant or tax return preparation company to get your returns filed. 

In a proposal, it could be a win win situation to have your taxes up to date.  If you file and you get a refund, you’d keep the refund.  If you file the taxes and owe, you can include the debt into your proposal. 

In a bankruptcy, CRA will check to see if your returns are up to date.  If you have missing tax returns, then it could be likely that they’d consider opposing your discharge from the bankruptcy.  They may want to force the issue to have to go to court, so that you can explain why a return has not been filed. 

If you owe CRA more than $200,000 or if your tax debt represents more than 75% of your debt load, then you’ll likely have to attend court at the end of the bankruptcy to explain why before you can be discharged from the bankruptcy.

If you have tax debts and are considering your options, talk to a trustee.  A good trustee will be able to tell you exactly what you may need to do and what options are available to you. Call us at 516 622 3773 or email me your question.