A byproduct of growing household debt loads has been the rise of personal bankruptcies in Canada. Experts have noticed that between 1990 and 2006, there has been a whopping 85 percent increase in this statistic. Bankruptcies involve a legal process which allows for the discharge of most of your debts. If you are in over your head, consider exploring your options with bankruptcy Toronto, bankruptcy Scarborough, bankruptcy York, bankruptcy Mississauga, bankruptcy Markham specialists.

The growing trend of self employment has weakened individual balance sheets. This trend has meant lower incomes and income earned inconsistently. It has weakened personal ability to build a financial buttress that can protect individuals in times of need. As a result, more people are finding themselves in need of a financial solution.

If you are unable to reduce your debts, becoming a bankrupt may become an option to consider. However, it is not your only option. There are two other options. You can opt for a consumer proposal to creditors or a Division 1 proposal to creditors instead. All three actions are governed by the Bankruptcy and Insolvency Act and all involve use of a trustee in bankruptcy and payment of certain fees.

A trustee in bankruptcy is an individual licensed by the Office of the Superintendent to administer these cases. This individual is an officer of the Court who ensures the rights of the debtor and creditors are respected. There is an obligation to investigate the financial affairs of the debtor, as stipulated by the Act and the rules promulgated under it.

The consumer proposal may only be submitted to creditors if the total amount of debt is not in excess of 250,000 dollars. This amount does not include debts secured by a principal residence. This remedy is an offer of debt payment to the creditors that reduces the burden on the indebted party. This can include payment of a percentage of the sum owed over a scheduled period of time, or an extension of the time for the debtor to pay off the debt, or a combination of the two. The debt must be paid off within 5 years. Payments are made through the trustee.

The Division 1 proposal, also known as a commercial proposal is available to businesses or individuals. It has no limit on how much money is owed. It is similar to the remedy limited by the amount owed.

The bankruptcy process is carried out through the trustee, who assesses the financial situation and discusses the available options. Once this course of action has started, creditors are not able to initiate any collection actions against their debtors. There are fees associated with this remedy. A monthly contribution is required to be paid. Also, a surplus income payment based on income may also be required. At the culmination, a first time individual bankrupt is normally discharged after nine months from debt.

After a filing, property is entrusted to a trustee to be sold for cash distribution to creditors. Unsecured creditors may not take legal recourse to recover debts following the filing. A joint assignment is also permitted under the rules pertaining to this process. The assignment allows two bankrupts, who are involved in a close financial relationship, to file together and to see their files managed as one file. This is available to those whose debts are substantially the same. These are the basic issues that apply if you are pondering your bankruptcy Toronto options.

Author Bio: If you have been searching far and wide for Bankruptcy Markham alternatives that fit your particular lifestyle and situation, then a visit to Killen Landau & Associates is a must.

Category: Finances
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