Archive for January, 2012

Credit Counsellors in Ontario are having a Turf War.

Friday, January 27th, 2012

Turf War

We blogged about credit counsellors duking it out in our blog of August, 2011.

They’re at it again!

On January 26, 2012 the Ontario Association of Credit Counselling Services (OACCS) issued a press release where they criticized debt settlement agencies and even an other “not for profit” credit counsellor.

OACCS Executive Director Henrietta Ross said: “We applaud the Financial Consumer Agency of Canada (FCAC) for alerting people to a number of so-called ‘new’ or “innovative” debt settlement companies that are scurrying to Ontario with dubious claims of quick fixes for people experiencing moderate to crippling debt problems. These ‘too-good-to-be-true-claims’, as the FCAC puts it, are coming from companies and organizations that – unlike OACCS member agencies – are not recognized for exemptions under provincial legislation.”

OACCS Executive Director Henrietta Ross also struck out at fellow “not for profit” credit counsellor, the Credit Counselling Society of British Columbia. She said: “… which in setting up operations in Ontario has implied that Ontarians are somehow underserviced in terms of debt counselling services. Ross described as “patently untrue” any suggestion that the province is being underserviced in this regard.

She said it is closer to the truth to say that interlopers with questionable intentions are coming into Ontario to dilute, rather than to augment, an already strong service base, which is illustrated by achievements of OACCS during the past year.

Bankruptcy Canada’s position is that all credit counsellors; “none profits”, for profits and debt settlement agencies offer an inferior product, are usually expensive and often have poorly trained staff.

Perhaps most important is the conflict of interest the “non profits” have by accepting funding from credit grantors while at the same time advising debtors. The website for the Credit Counselling Society of BC, in its 2010 annual report, stated that 62.1% of their contributions were from Banks, 23.2% from clients’ fees, followed by 11.1% from Financial companies and other Creditors. We know that the banks and credit card companies are not doing this for altruistic purposes. So, all debtors, seeking financial help, have to ask themselves if they will get unbiased advise from credit counsellors.

Bankruptcy Canada’s views are supported by the Consumer Affair’s funded study of credit counsellors.

We have information on our website to help debtors make an informed decision on whom to seek help from when facing a financial crisis.

Credit Counsellors vs. Trustees in Bankruptcy

BC Bankruptcy Exemptions Reinstated.

Friday, January 13th, 2012

ThemisNews Flash January 13, 2012 – BC Bankruptcy Exemptions Reinstated.

It was reported in our blog of March 27, 2011 that a court decision on November 17, 2010 Thow (Re) (Exemptions from Seizure), 2010 BCSC 1561 turned the bankruptcy exemptions in BC upside down.

Although this decision related to a bankrupt that cannot be described as honest or unfortunate; it affected all those individuals that are honest and unfortunate, and simply looking for a fresh financial start.

The Court found, on a very strict interpretation of the applicable legislation, that the exemptions set out in the Court Order Enforcement Act of British Colombia, only apply if the value of the asset does not exceed the exempt amount. That is: if the value of your home, or car, is greater than the exempt amount (ie: $12,000, or $5,000), you are not entitled to any exemption in a bankruptcy.

Although there are many vehicles worth less than $5,000, I have not been able to find any homes in B.C. worth less than that.

What did all this mean?

If you made an assignment in bankruptcy in B.C., you would lose the right to retain up to $34,000 in equity. This was a significant issue and would affect many honest unfortunate people in financial difficulty trying to get a fresh start.

I am happy to report that that decision of November 17, 2010 has this day January 13, 2011 been overturned in the Atwal appeal.

This means that the exemptions are back the way they were before the decision in Re: Thow as follows:

Equity in a home in Greater Vancouver and Victoria = $12,000. In the rest of the province = $9,000;

Equity in Household items = $4,000;

Equity in a vehicle = $5,000; The vehicle exemption drops to $2,000 if the debtor is behind on child care payments (to facilitate the enforcement of Maintenance Orders)

Equity in work tools = $10,000;

Exemptions are in effect for all registered retirement savings plans (RRSP’s, RRIF’s and DPSP’s (Deferred Profit Sharing Plans).

Contributions made in the 12 months prior to the date of bankruptcy will be recovered (clawed back) for the benefit of the bankruptcy estate.

Equity in essential clothing and medical aids is unlimited

Insolvencies decline by 12.2% in October, 2011

Friday, January 13th, 2012

Bankchart1980-2010

NEWS FLASH! January 12th, 2012:
Insolvencies decline by 12.2% in October, 2011 compared with the same month the previous year.

Consumer Bankruptcies were down by 20.2% in October, 2011 compared with the same month the previous year (6,259/7,844).

Business Bankruptcies were up by 3.1% in October, 2011 compared with the same month the previous year. (301/292).

Proposals were up by 3.6% in October, 2011 compared with the same month the previous year. (3,809/3,677).

For the 12 months ended October 31, 2011 insolvencies were down by 8.2% compared with the 12 months ended October 31, 2010. (129,733/141,311).

Comments from the Office of the Superintendent of Bankruptcy:

The total number of insolvencies (bankruptcies and proposals) in Canada decreased by 3.8 percent in October 2011 from the previous month. Bankruptcies decreased by 3.7 percent, whereas proposals decreased by 4.0 percent.

The total number of insolvencies in October 2011 was 12.8 percent lower than the total number of insolvencies in October 2010. Consumer insolvencies have decreased by 12.9 percent, while business insolvencies have decreased by 9.4 percent.

For the 12-month period ending October 31, 2011, the total number of insolvencies decreased by 8.2 percent compared with the 12-month period ending October 31, 2010.

Consumer insolvencies for the 12-month period ending October 31, 2011, decreased by 8.1 percent compared with the 12-month period ending October 31, 2010. Consumer bankruptcies decreased by 15.0 percent, while consumer proposals increased by 7.4 percent. The proportion of proposals in consumer insolvencies increased to 35.8 percent during the 12-month period ending October 31, 2011, up from 30.6 percent during the 12-month period ending October 31, 2010. For the 12-month period ending October 31, 2011, 96.3 percent of total insolvencies were filed by consumers.

Business insolvencies for the 12-month period ending October 31, 2011, fell by 10.6 percent compared with the 12-month period ending October 31, 2010. The two sectors that registered the biggest decrease in the number of insolvencies were retail trade; and transportation and warehousing.

Four Companies’ Creditors Arrangement Act (CCAA) proceedings initiated in October 2011 were filed with the OSB. Please refer to the CCAA records for additional details. Note: The Insolvency Statistics in Canada – October 2011 report, which pertains to bankruptcies and proposals filed under the BIA, does not include CCAA filings.

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

Consumer Alert Issued on Debt Reduction Companies.

Tuesday, January 10th, 2012

canadianbanking

The Financial Consumer Agency of Canada (FCAC) today (January 10, 2012) issued a Consumer Alert on debt reduction companies. FCAC is warning Canadians: Be very cautious about companies that claim they can negotiate a deal with your creditors so that you will have to pay only part of your debt. This process is often called “debt reduction,” “debt settlement,” “debt relief” or “debt negotiation.”

Consumers who are looking for information on dealing with their debt will find tips on getting out of debt on FCAC’s website at fcac.gc.ca.

You can see the full press release at this link.

For more information cautioning consumers please refer to this link.