Personal Bankruptcy May Help Cure Financial Hardships

Everybody can experience financial difficulty in their lives. The way that they respond to those difficulties is going to be the determining factor on what their next steps are. Personal bankruptcy can be an option when someone’s financial problems have gotten out of hand.

Financial hardships are not an easy thing to face. People will do whatever they can do to avoid them, but sometimes, they creep up without warning. Someone could get sick and end up with a lot of medical bills on top of not being able to earn a living.

Something could happen that was not expected also. This is something that is going to be very important to consider. Some people that are faced with bankruptcy have faced many other challenges in their lives.

Just because someone is filing for bankruptcy does not mean that they do not pay their bills. There are times in a person’s life when they simply run out of money. They cannot pay anything when there is not money coming in.

While most people are going to avoid filing for a personal bankruptcy at all costs, they may still end up doing this. When someone is getting counseled on their financial options, they can choose to go with the advice or not. This is something that is very important to consider, because what will work for one person will not work for someone else’s situation.

Financial problems are not something that are planned. They can creep up on anyone. This is something that nobody wants to deal with, but they have no choice. Their bills do not just go away.

Learning how to deal with this can help a lot. There are several different types of things that people will be able to do to help them get out of debt without filing for bankruptcy, but this can take years and years to correct. Unfortunately, it takes longer to get out of debt than it does to get too far in debt that the people are unable to pay for it.

This is something that is very important to consider. Even though, bankruptcy can eliminate a lot of debt in a person’s life, they will still have some work to do in order to build their credit back up. There are a lot of things that will help someone immediately, but long term does not work out like they had expected.

Just because someone has to file for bankruptcy, it does not make them a bad person. A lot of people will feel bad when they are filing for bankruptcy. This is something that will help them to clear their bills to a zero balance and help them get their life back.

While many people are completely against filing for bankruptcy, there are others that are looking forward to the opportunity. There are certain criteria that must be met in order to file for bankruptcy. Someone cannot just go out and buy a bunch of stuff and then file.

There are many hardships that people can run into when they are paying bills and living life. There are a lot of situations that are important to consider. Being able to take care of themselves is something that is going to be considered.

Most attorneys that are helping with personal bankruptcy can recommend options if people are unsure if they really want to file. Any bills that are not listed in the bankruptcy case will not be forgiven. This is why it is important to make sure that all bills are listed when filing for something like this. It cannot be changed after the process has taken place.

Not being able to pay bills can lead someone in many directions. There are people who think of it as a temporary problem and take out loans to cover the bills temporarily. There are other people who do not take on any more credit.

How to Avoid Bankruptcy and Save Your Assets

Bankruptcy is not the only option for someone in severe debt there is another option which people should be aware of namely the consumer proposal.

Whereas in a bankruptcy your assets are assigned to a trustee (subject to exemptions) who then liquidates them to pay your unsecured creditors, this is not the case for a consumer proposal. The consumer proposal, under the Bankruptcy and Insolvency Act, is an offer to pay your secured creditors an agreed amount of money to extinguish your debts and thus avoid bankruptcy. This money is paid interest free over a period of up to 5 years.

When a consumer proposal is filed 3 major things happen:

  1. Interest stops on your debts
  2. Your assets are protected from the creditors and a stay of proceedings is in place
  3. Creditors can no longer contact you by phone or mail or any other means

So long as you keep up the payments your assets are protected under the Act. This option is usually the preference for people with savings or equity in their house or for small business owners who need to protect their business assets to maintain an income. If three payments are missed then the proposal is annulled and you are back to where you started!

Consumer proposals do adversely affect credit and are reported to the Equifax and Transunion credit bureaus until 3 years after the proposal is paid off. One option to speed up credit building is to pay off the proposal earlier which will remove it from the credit bureau earlier.

Other advantages of the consumer proposal over bankruptcy are:

  1. If your income increases during a proposal the payments to the creditors does not. In a bankruptcy your income is monitored and payments to creditors adjusted accordingly
  2. Inheritances and windfalls are kept whereas in a bankruptcy these are paid to the creditors.
  3. You can still be a director of a company whereas in a bankruptcy you cannot
  4. You can still sponsor someone into Canada, in a bankruptcy you cannot do this until discharged.
  5. There is the opportunity to rebuild your credit faster by paying off your proposal early

Bankruptcy is not the end of the world as some people may believe and may be seen as a good opportunity to press the reset button and start again. Even if there are assets which may be seized in a bankruptcy the debtor usually has the option to pay additional funds in lieu of the asset value.