A Bankruptcy Trustee Calgary Is A Trusted Resource

By Bertha Wells


For qualified help in debt management, a bankruptcy trustee Calgary is a trusted resource. This professional advisor will provide credit counseling, or undertake the procedural responsibilities for any Consumer Proposal or Bankruptcy filings. The rising specter of insolvency is facing many Canadians buried under a growing pile of consumer debts. However, before any recourse is taken to address this situation, consumers should learn more about the scope of available services.

As experts in financial liability management, trustees provide relief with credit counseling services, consumer proposal and bankruptcy assistance. They are licensed and able to officially discharge consumer and business debts. Debt settlement companies do not have the same powers.

The Bankruptcy and Insolvency Act, BIA, provides two legally binding solutions for individuals or businesses to resolve their debts. One solution is a Consumer Proposal, which permits modification of outstanding obligations, and the other is Bankruptcy. Each option has its advantages and disadvantages. Which is the better remedy depends on the individual financial circumstances of each case.

If you need to access to credit in future, proposals are a lesser for their potential effect on credit ratings. This is also usually the cheaper alternative. But, this advantage does not remain in certain circumstances. Both actions will create negative notes that will appear in credit reports. The negative notation from proposals typically last for three years, while the more extreme alternative will leave a mark for six years. But, where the maximum time to complete a CP is used, this is within a period of 5 years, the mark will last for eight years. But, bankruptcies allow a release from unsecured debts. However, the asset protection feature of proposals may appeal to certain debtors. Should these debtors have more equity in their homes than the Alberta exemption allowance amount, they could lose their homes if they make an insolvency filing.

It should be kept in mind that student loans that are government provided and incurred within a ten year period from the bankruptcy date were not allowed to be released since 1998. However, recent changes have shortened this period and modified the process for the release of such loans. If a bankrupt has loans that cannot be discharged, there is a possibility to submit an application for release after seven years. In addition, a bankrupt may apply for relief on hardship grounds after five years.

After the filing of proposals, unsecured creditors are barred from initiating or maintaining legal proceedings for recovery until such arrangements are rendered ineffective for some cause. A Proposal may not be used as an excuse to change or end any agreements or for service discontinuation. Legal proceedings may still be undertaken for the recovery of debts that remain unaffected.

A debtor commences the procedure after contacting a trustee. This step is required for the initiation of the process and the filing of documents with the OSB. Within ten days, trustees must file a report containing subject matter details. A forty five day period is given to creditors to respond. Absence of a response, it is taken to be acquiescence in this situation.

Only a small number of discharge applications typically result in a court hearing. For many bankrupts, the bankruptcies as a procedure essentially are a path to unopposed discharge which extinguishes most of their liabilities. There may also be other alternatives available to you. The most prudent course of action you can undertake is to meet with a licensed bankruptcy trustee Calgary as soon as possible. The affects of any changes and whatever conditions affect your case are best discussed with a knowledgeable adviser.




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