Canadian Bankruptcy Statistics.

April 30th, 2013

Insolvencies decrease by 10.8% in February, 2013.

Bankchart1980-2012

Insolvencies decrease by 10.8% in February, 2013 compared with the same month the previous year.

Consumer Bankruptcies were down by 8.6% for the year ended February 28, 2013 compared with the previous year (70,650/77,326).

Business Bankruptcies were down by 13% for the year ended February 28, 2013 compared the previous year. (3,175/3,651).

Proposals were up by 2.9% for the year ended February 28, 2013 compared with the previous year. (48,101/46,764).

For the 12 months ended February 28, 2013 insolvencies were down by 4.6% compared with the previous year. (121,926/127,741).

For more information and a more detailed analysis please refer to this site.

Canadian Bankruptcy News.

April 20th, 2013

Statistics on Who Files Bankruptcy in Canada.

Bankchart1980-2012

The following are some facts on bankruptcies filed in Canada for the year 2011 (Compiled by Human Resources and Skills Development Canada):

  1. In 2011, 122,999 Canadians were unable to repay their debts (about 12,000 fewer than in 2010). Serious financial difficulties brought them to file either a payment proposal or a bankruptcy. The average amount owed was $119,021.
  2. Age — About 53% of Canadians filing a proposal or bankruptcy in 2011 were aged 30 to 49 years.
  3. Marital Status — In 2007, individuals who were divorced or separated were more likely to file a proposal or bankruptcy than Canadian adults on average.
  4. Regions — The number of proposals and bankruptcies filed and the average amount of debt involved varied considerably across provinces and territories in 2011. Nunavut had the largest average debt and the lowest number of insolvents per adult population.
  5. Insolvencies filed per capita by province and territory:
    Insolvencies per capita for 2011.
  6. Types of Debt — In 2008, the most frequent type of debt reported by individuals filing a proposal or bankruptcy was credit card debt (91%).

You can view the full report at: this site

Canadian Bankruptcy News

April 18th, 2013

Mark Carney warns that interest rates could rise sooner if the growth in household debt was not tempered.

Bank of Canada Governor Carney

Bank of Canada Governor Mark Carney warned today that interest rates could rise sooner if the
growth in household debt, which is related to the housing market, was not tempered.

He said that the growth in household debt has been slowed from 13& to 3% but still is at a high level.

“A concern of the Bank of Canada…has been the pace of growth of household debt, which has been
related to dynamics in the housing market. And so a number of measures have been taken to slow
that pace,” he told a Reuters-sponsored event, noting that the growth rate has fallen “quite nicely”
to 3 per cent from 13 per cent.”

“We have conducted monetary policy in, we think, a pretty transparent way that has highlighted
the risks to this, and the potential consequences for the path of interest rates. In other words,
they could be higher sooner if this isn’t addressed or this isn’t adjusted in a more timely way.”

Canadian Bankruptcy News.

April 17th, 2013

New Family Law Act replaced BC Family Relations Act as of March 18, 2013.

Spouses

Trustees use the definition of a common law relationship as used by Canadian Revenue Agency (CRA) which is as follows:

“common-law partner” is also defined in
subsection 248(1) and means a person of the opposite or same sex who, at that
time, lives with and has a conjugal relationship with the individual. In
addition, one of the following conditions must be satisfied:

(a) the person has been living in a conjugal relationship with the individual
for a continuous period of at least one year; or
(b) the person is the natural or adoptive parent (whether legally or in fact)
of the individual’s child (see paragraph 4).

Changes to the BC Family Law Act have substantially strengthened common law relationships. BC Couples who have lived together for more than two years will now have to split debt and anything bought during the relationship 50/50, including property.

We reproduce an article below which gives more information on the changes to the BC Family Law Act:

Read more: http://bc.ctvnews.ca/new-family-laws-take-b-c-couples-by-surprise-1.1199813#ixzz2Qk9kGTry

New Family Law Act to replace BC Family Relations Act as of March 18, 2013.

Published on March 6, 2013 under Family Law, Legislative Changes.

The Government of the Province of British Columbia has proclaimed the Family Law Act to come into effect on the 18th of March, 2013. This statute replaces the existing Family Relations Act and will substantially change the conduct of litigation in family law matters.

The changes that will take effect are in both details and philosophy.

The overall philosophy is to promote settlement and to avoid litigation.

There are in excess of 250 sections in the new statute in addition to which there are numerous regulations and various amendments to other statutes that are affected by the changes in both wording and philosophy in the new Act. In addition to all of this, the Supreme Court Family Rules and the Provincial Court Rules relating to family matters will both be amended to take into account the changes in the new Family Law Act.

It is the experience of the legal profession that when a new statute with extensive changes is introduced and replaces an existing statute, there is a lengthy period during which there is considerable uncertainty as to the manner in which the Court and all the related resources, including the Court Registry and professionals involved in the Court process, will adjust to the new philosophy and the new specific provisions. Previous experience would indicate that this will not be just a matter of months to determine the precise effects of the changes but may even take a year or two, particularly with respect to the implementation of statutory requirements by the Courts where any dispute over interpretation of the individual and specific provisions will end up for determination.

It is essential that anyone experiencing difficulties relating to their family affairs including the parenting of children following separation and divorce, the provision of child and spousal support, and the division of assets and other financial matters obtain and rely upon the services of experienced professionals in advising them of the appropriate remedies that should be pursued. This requires consultation with professionals who have detailed knowledge of the new statute and accompanying rules, and also experience in family litigation. An emphasis on the practice in the family law area is preferable and the assistance of competent and experienced lawyers can be a substantial determining factor in the proper resolution of family matters and the consequent saving of unnecessary cost.

It is necessary to emphasize that not only does the new Family Law Act deal with matters that would otherwise fall under the Family Relations Act and determine financial and parenting matters in the case of separation in a marriage relationship but also substantially affects and changes the law as it relates to the resolution of disputes in common-law relationships that have broken down and where matters relating to children of that relationship and step-children, and also matters of support and resolution of financial disputes are concerned.

We urge you to carefully consider and assess the course of action that you wish to take in attempting resolution of your disputed family matters and in particular would be pleased to offer the services of experienced family lawyers in providing an initial consultation to assist you with advice on the appropriate steps to take.

Canadian Bankruptcy News.

April 17th, 2013

Ontario Finances worse than California’s.

Ontario Coat of Arms

Rick Nicholls, the Progressive Conservative Party MPP for Chatham-Kent-Essex, posted an interesting comment in the Windsor Star on April 9, 2013. It is reproduced below.

Guest column: Debt and deficit
Comments EmailSoapBox
Apr 09, 2013 – 6:27 PM EDT
Last Updated: Apr 10, 2013 – 5:19 AM EDT
By Rick Nichols

Do you know the difference between our debt and deficit? The truth is Ontario is facing a debt and deficit crisis and many Ontarians are unaware of the scale of the province’s problems.

Allow me to clarify and put this into perspective.

The provincial deficit is the difference between the amount of money the government takes in and what the government spends in one year. When a government runs a deficit, then it must borrow money to make up the difference. The provincial debt is the total amount of accumulated deficits. If the government continually runs deficits, then its debt will continue to grow.

For 2012-13, the deficit for the province of Ontario is forecast at $12 billion and the total provincial debt is forecasted to reach $275 billion. Since 2003, that is an increase of 220 per cent in the last 10 years of government. In my opinion, that is totally unacceptable and as a province we MUST do better or face bankruptcy.

The State of California is one jurisdiction which has gained international attention due to its debt and fiscal problems. But Ontario is substantially worse than California. Our debt is approximately 75 per cent larger, but since our population and economy are much smaller than California, our debt/GDP ratio is considerably higher (38.6 per cent to 7.7 per cent).

In fact, our troubled fiscal situation is now approaching that of Greece. Ontario and Greece are both marked by a long-term imbalance between revenues and expenditures, with little attempt to narrow the gap. Greece, with a similar population to Ontario, had a debt/GDP ratio of 37 per cent back in 1994 exactly where we are today, but has since risen to 66 per cent in 1994 and to 163 per cent today.

The government now spends over $10 billion a year in interest payments just to service the huge debt. To put it in perspective, paying the interest on the debt is the third largest provincial government expenditure next to health and education.

Record debt levels in Ontario could translate into even higher borrowing costs to further compound our fiscal difficulties. International credit rating institutions, Standard & Poor as well as Moody’s have both recently downgraded Ontario’s credit outlook and cut the province’s credit rating. And on an even gloomier note, an increase in interest rates by just one per cent will mean Ontario taxpayers will have to pay an additional $500 million in interest payments with nothing to show.

To make matters worse, rather than addressing the fiscal crisis in Ontario, there has not been a commitment to reduce spending and it has even been hinted at raising taxes to pay for all the borrowing. I believe that’s the wrong path.

Urgent action and a new approach are required to protect the things we value most – like health care, education and job creation.

Spending beyond our means cuts off our capacity to pay for the things we care about. This is the great irony of those who oppose the difficult decisions and bold ideas. We can talk all we want about compassion, but the overspending approach has robbed us of the ability to be compassionate in the first place.

Our PC approach is aimed specifically at getting Ontarians back to work, creating jobs, getting rising energy costs under control and improving efficiencies where we can do more with less. That way we can balance the deficit and begin to pay down the debt. Our future and the future of our children and grandchildren is dependent on the success of a PC government implementing its strategies.

Rick Nicholls is the Progressive Conservative Party MPP for Chatham-Kent-Essex.

Canadian Bankruptcy News.

April 17th, 2013

Charges laid in bankruptcy fraud investigation.

RCMP Logo

Charges laid in bankruptcy fraud investigation
TORONTO, March 22, 2013 /CNW/ – The Integrated Bankruptcy Enforcement Unit comprised of the Royal Canadian Mounted Police (RCMP) – Greater Toronto Area (GTA) Commercial Crime Section and the Ontario Region Special Investigation Unit of the Office of the Superintendent of Bankruptcy (OSB), charged the following individual with offences under the Criminal Code and the Bankruptcy and Insolvency Act (BIA). The allegations all relate to fraud and the abuse of the bankruptcy process.

Vinh Cuong PHAM, age 57, of Brampton has been charged under the Criminal Code, Sections 380(1)(a) ‘fraud over $5000′ and twice under Section 368(1) ‘uttering forged documents’. Furthermore, Mr. PHAM is also charged with four additional offences under the Bankruptcy & Insolvency Act. This includes Section 198(1)(b) ‘failure to answer fully and truthfully’, Section 198(1)(c) ‘material omission’, Section 198(1)(g) ‘disposition of property obtained on unpaid credit’, and Section 198(2) and ‘failing to comply with duties as a bankrupt’.

The matter is scheduled for first appearance at Ontario Court of Justice – Old City Hall in Toronto on March 22nd, 2013.

The RCMP and the OSB Special Investigation Units will continue to combine their efforts to investigate allegations of criminal wrongdoing related to bankruptcy and insolvency matters in order to protect the integrity of the insolvency system in Canada.

SOURCE: Royal Canadian Mounted Police

For further information:
Sgt. Richard Rollings,
Media Relations
RCMP “O” Division
416-992-4409

Canadian Bankruptcy Statistics.

April 15th, 2013

Insolvencies increase by 3.8% in January, 2013.

Bankchart1980-2012

Insolvencies increase by 3.8% in January, 2013 compared with the same month the previous year.

Consumer Bankruptcies were down by 7.7% for the year ended January 31, 2013 compared with the previous year (71,540/77,549).

Business Bankruptcies were down by 11.9% for the year ended January 31, 2013 compared the previous year. (3,201/3,634).

Proposals were up by 4.4% for the year ended January 31, 2013 compared with the previous year. (48,362/46,339).

For the 12 months ended January 31, 2013 insolvencies were down by 3.5% compared with the previous year. (123,103/127,522).

For more information and a more detailed analysis please refer to this site.

Canadian Bankruptcy Statistics.

April 15th, 2013

2012 Insolvencies down 3.9%.

Bankchart1980-2012

Insolvencies decrease by 16.2% in December, 2012 compared with the same month the previous year.

Consumer Bankruptcies were down by 8.3% for the year ended December 31, 2012 compared with the previous year (71,495/77,993).

Business Bankruptcies were down by 11.2% for the year ended December, 31 2012 compared the previous year. (3,236/3,643).

Proposals were up by 4.1% for the year ended December, 31 2012 compared with the previous year. (48,020/46,138).

For the 12 months ended December, 31 2012 insolvencies were down by 3.9% compared with the previous year. (122,751/127,774).

For more information and a more detailed analysis please refer to this site.

Insolvencies decrease by 5.9% in November, 2012

January 31st, 2013

Bankchart1980-2011

NEWS FLASH! January 31, 2013:

Consumer Bankruptcies were down by 7.9% for the year ended November 30, 2012 compared with the previous year (72,668/78,920).

Business Bankruptcies were down by 11.8% for the year ended November, 30 2012 compared the previous year. (3,272/3,711).

Proposals were up by 5.2% for the year ended November, 30 2012 compared with the previous year. (48,362/45,950).

For the 12 months ended November, 30 2012 insolvencies were down by 3.3% compared with the previous year. (124,302/128,581).

For more information and a more detailed analysis please refer to this site.

Insolvencies increase by 7% in October, 2012

January 2nd, 2013

Bankchart1980-2011

NEWS FLASH! January 2, 2013:

Insolvencies increase by 7% in October, 2012 compared with the same month the previous year.

Consumer Bankruptcies were down by 8.7% for the year ended October, 31, 2012 compared with the previous year (73,234/80,184).

Business Bankruptcies were down by 11.7% for the year ended October, 31 2012 compared the previous year. (3,300/3,738).

Proposals were up by 5.7% for the year ended October, 31 2012 compared with the previous year. (48,431/45,811).

For the 12 months ended October, 31 2012 insolvencies were down by 3.7% compared with the previous year. (124,965/129,733).

For more information and a more detailed analysis please refer to this site.

Insolvencies decreased by 12.1% in September, 2012.

November 30th, 2012

Bankchart1980-2011

NEWS FLASH! November 30, 2012:

Insolvencies decreased by 12.1% in September, 2012 compared with the same month the previous year.

Consumer Bankruptcies were down by 14.9% for the year ended September, 30, 2012 compared with the previous year (73,038/81,769).

Business Bankruptcies were down by 9.9% for the year ended September, 30 2012 compared the previous year. (3,306/3,729).

Proposals were up by 4.7% for the year ended September, 30 2012 compared with the previous year. (47,839/45,679).

For the 12 months ended September, 30 2012 insolvencies were down by 5.3% compared with the previous year. (124,237/131,177).

For more information and a more detailed analysis please refer to this site.

Insolvencies decreased by 5.1% in August, 2012.

October 31st, 2012

Bankchart1980-2011

NEWS FLASH! October 31st, 2012:

Insolvencies decreased by 5.1% in August, 2012 compared with the same month the previous year.

Consumer Bankruptcies were down by 10.9% for the year ended August 31, 2012 compared with the previous year (74,010/83,081).

Business Bankruptcies were down by 8.8% for the year ended August 31, 2012 compared the previous year. (3,397/3,723).

Proposals were up by 5.9% for the year ended August 31, 2012 compared with the previous year. (48,126/45,449).

For the 12 months ended August 31, 2012 insolvencies were down by 5.1% compared with the previous year. (125,533/132,253).

For more information and a more detailed analysis please refer to this site.

Insolvencies increased by 5.0% in July, 2012

September 30th, 2012

Bankchart1980-2011

NEWS FLASH! September 28, 2012:

Insolvencies increased by 5.0% in July, 2012 compared with the same month the previous year.

Consumer Bankruptcies were down by 10.9% for the year ended July 31, 2012 compared with the previous year (74,589/83,724).

Business Bankruptcies were down by 7.1% for the year ended July 31, 2012 compared the previous year. (3,450/3,715).

Proposals were up by 6.1% for the year ended July 31, 2012 compared with the the previous year. (47,960/45,221).

For the 12 months ended July 31, 2012 insolvencies were down by 5.0% compared with the previous year. (125,999/132,660).

For more information and a more detailed analysis please refer to this site.

Insolvencies decreased by 7.0% in June, 2012.

August 30th, 2012

Bankchart1980-2011

NEWS FLASH! August 30th, 2012:

Consumer Bankruptcies were down by 12.2% for the year ended June 30, 2012 compared with the previous year (74,593/85,236).

Business Bankruptcies were down by 9.7% for the year ended June 30, 2012 compared the previous year. (3,422/3,790).

Proposals were up by 5.0% for the year ended June 30, 2012 compared with the the previous year. (47,527/45,269).

For the 12 months ended June 30, 2012 insolvencies were down by 6.5% compared with the previous year. (125,542/134,295).

For more information and a more detailed analysis please refer to this site.

Insolvencies increased by 3.6% in May, 2012.

July 27th, 2012

Bankchart1980-2011

NEWS FLASH! July 27th, 2012:

Insolvencies increased by 3.6% in May, 2012 compared with the same month the previous year.

Consumer Bankruptcies were down by 13% for the year ended May, 2012 compared with the previous year (75,425/86,665).

Business Bankruptcies were down by 8.8% for the year ended May, 2012 compared the previous year. (3,483/3,819).

Proposals were up by 5% for the year ended May, 2012 compared with the the previous year. (47,406/45,135).

For the 12 months ended May 31, 2012 insolvencies were down by 6.9% compared with the previous year. (126,314/135,619).

For more information and a more detailed analysis please refer to this site.