Kristen Walker

ONTARIO FAMILY LAW: DETAILED ONTARIO COURT OF APPEAL DECISION ALLOWS WIFES CLAIM OVER HUSBANDS CREDITOR

May 22, 2023 by Kristen Walker

Family law introduction

An important decision was rendered by the Court of Appeal for Ontario on April 26, 2023. It is in a recent case concerning the sale of a matrimonial home through family law proceedings. In this case, the court considered the division of net family property between Subhathini Senthillmohan (wife) and her separated husband Sockalingam Senthillmohan (husband) the claims of the wife and a creditor of the husband.

This ruling carries significant weight for couples, irrespective of whether they are happily married or going through a divorce. The ramifications of this verdict extend to couples who jointly own a property as tenants in common, regardless of their marital status or if family law matters are in play.

In this Brandon’s Blog, I explore the recent Ontario Court of Appeal ruling on a wife’s claim over her husband’s creditor in the sale of the matrimonial home. I discuss the implications of the ruling for couples going through a divorce and how it can protect a spouse’s interest in the home.

As you will see below, even If you’re not going through family law issues in Ontario, this Brandon’s Blog shows how the Court of Appeal for Ontario ruling provides important information on your rights and obligations under the law.

This Brandon’s Blog is not a substitute for legal counsel experienced in family law, as we are not lawyers. However, if you are in a similar situation as the joint tenants described below, or even if you are not involved in family court proceedings or a contentious family law matter, it is possible that you may encounter similar legal issues concerning joint ownership of property where your joint property owner is an insolvent debtor. It is essential to communicate your situation to your legal representative and obtain sound advice and legal representation to ensure you are fully aware of your legal rights.

Family law: Background of the case

The case is Senthillmohan v. Senthillmohan, 2023 ONCA 280. The parties were married still but separated, and in January 2020, the wife brought an application seeking an unequal division of the net family property. Alternatively, she sought an equalization of net family property and the sale of their matrimonial home. Even though they were going through family law proceedings for divorce, the wife remained living in the home, which was jointly owned by both of them as joint tenants.

The default judgment held by the third-party creditor, 2401242 Ontario Inc., was the result of a civil suit. However, they later agreed to lift the order to aid in the smooth sale of the matrimonial home. Meanwhile, the wife sought an urgent family law court order to dissolve their joint ownership of the property, and a ruling that they now held title to the matrimonial home as tenants in common.

The creditor’s default judgment came from a civil lawsuit. The creditor filed a writ of seizure and sale in September 2021. The husband and wife entered into an Agreement of Purchase and Sale to sell the home in October 2021, and the home ultimately sold for $1.9M. The creditor agreed to lift the judgment to facilitate the sale of the matrimonial home.

The net sale proceeds, after the discharge of secured encumbrances, were approximately $925,000. In the interim, the wife took immediate legal action by seeking a court order to terminate the couple’s joint ownership of the property and to establish their title to the matrimonial home as tenants in common. The order was obtained with the consent of the husband. The order was silent on the effective date of the severance and does not address the claim of the third-party creditor or its default judgment against the husband.

Family law: The lower court decision

The lower court made an order for the sale of the matrimonial home, with the funds being held in trust until a mutual agreement is entered into or a court order is made regarding equalization. In making its order, the lower court changed the ownership from joint tenants to tenants in common.

She claimed that her very interest in the matrimonial home took precedence over that of the creditor. After considering every one of the arguments provided by both sides, the Ontario Superior Court of Justice inevitably ruled in favour of the wife. The court stated that the wife’s ownership interest was in priority to that of the creditor.

In February 2022, the wife filed a motion seeking the release of her 50% share of the net sale proceeds. The judgment creditor contended that the husband and wife were joint tenants at the time of the default judgment and writ filing, hence it had priority over the wife’s interest in the sale proceeds.

Nevertheless, the motion judge dismissed this argument and determined that the joint tenancy had been severed by the time the third-party creditor acquired the default judgment against the husband.

The third-party creditor was dissatisfied with the ruling and proceeded to appeal the decision to the Ontario Court of Appeal with the intention of having it reversed.

Family law: The OCA ruling

The creditor lodged an appeal before the Court of Appeal for Ontario, asserting that the Ontario Superior Court of Justice judge had erred in ruling that the joint tenancy of the marital home had been retroactively divided and that the wife possessed entitlement over the creditor’s writ. Additionally, the creditor contended that the judge had neglected to take into account the writ affixed to the total net proceeds of a voluntary sale of the jointly-owned property.

The creditor contended that joint tenants are, for all intents and purposes, a single owner until the joint tenancy is dissolved, thereby affording a creditor the entitlement to make a claim against the entire interest. However, the Court of Appeal for Ontario duly rejected the creditor’s appeal, concluding that a creditor is unable to lay hold of the interest of a joint tenant who is not indebted.

The court went on to say that the creditor was fundamentally mistaken with respect to the law governing creditors’ remedies vis-à-vis jointly-held assets, where only one of the owners had liability for the debt.

The court explained the process of seizure and sale in Ontario. They stated that the execution registered on title can only be against the debtor’s exigible interest in the land held in joint tenancy. Additionally, the court held that in the case of joint property ownership, in the event of one joint tenant’s death, the remaining tenant inherits the entire interest in the property due to their right of survivorship.

The court’s ruling is a beacon of hope for partners or couples who hold property together jointly. It reinforces the idea that no creditor can take away the rights of a non-debtor joint tenant who acquires a property through the right of survivorship.

The Court of Appeal in Ontario nodded in agreement with the motion judge’s decision and ultimately dismissed the appeal. In their ruling, the court explicitly stated that the motion judge applied the proper legal principles of joint tenancy, including its severance and the priority of interests.

Despite the order being silent on the effective date of severance, the court ultimately found that the motion judge was correct in his decision to sever the joint tenancy in the matrimonial home. Interestingly, the creditor did not seek clarification of the order, leaving room for speculation as to why. Furthermore, the court emphasized that the Ontario Superior Court of Justice judge had taken into consideration the unique facts and circumstances surrounding the case and determined that there was indeed enough evidence to support the severance of the joint tenancy.

The court firmly rejected the argument put forward by the third-party creditor, which claimed that the motion judge did not have the necessary jurisdiction to hear the case. Furthermore, the court determined that the motion judge had effectively and properly exercised his discretion in denying the creditor’s request for an adjournment.

The lawyer representing the wife made cost submissions and achieved a favourable outcome in securing costs. The Ontario Court of Appeal recognized the wife’s entitlement to compensation and granted an award of $20,000, which includes HST and other expenses incurred during the legal proceedings.

Family law: Implications of the ruling

The court’s ruling has far-reaching consequences, not only for couples undergoing divorce proceedings in Ontario but also for any joint owners of the property where one of them has outstanding debts or judgments while the other does not. Essentially, the non-debtor partner’s right to the property takes precedence over any claims by creditors in most situations. This decision offers much-needed protection for joint owners who may be at risk of losing their property due to their partner’s debts.

It’s worth noting that this ruling applies exclusively to the sale of the matrimonial home and has no impact on a creditor’s ability to seize other assets or property owned solely by the debtor who owes the money. It’s important to bear in mind that this ruling does not affect the rights of mortgagees in any way. As stated previously, the mortgages were paid off, and the legal dispute concerned only the net sale proceeds.

This court ruling is applicable not only to married couples going through divorce proceedings but also to joint owners of real property where one of the owners has unpaid personal income tax or owes money for director liability, such as unpaid corporate HST or unremitted employee source deductions, to the Canada Revenue Agency (CRA). If the debtor does not make satisfactory arrangements with the CRA for repayment, the tax authority can obtain a judgment against that person from a federal court without serving notice to them.

Following that, the CRA can register the judgment against the joint owner’s interest in the real estate, a process known as registering a Memorial. This registration can affect only the joint owner who owes the debt and not the other joint owner who is not indebted to the CRA. It is not related to family law and is applicable even if there are no divorce proceedings underway.

This court ruling not only benefits family law proceedings but also reinforces our position in insolvency proceedings that the non-bankrupt, non-insolvent joint owner’s stake in the property is not impacted by the other joint owner’s insolvency or bankruptcy case. In the event of personal bankruptcy, the licensed insolvency trustee who is overseeing the bankruptcy would take control of the bankrupt joint owner’s interest in the property. While there may only be one buyer for that interest, the other joint owner would be the logical purchaser. However, these are economic concerns rather than legal issues.

Family law conclusion

I hope you enjoyed this family law Brandon’s Blog. Managing your personal or business financial affairs in today’s ever-challenging and changing business landscape is no small feat, but with the right plan in place, it’s possible to stay or get back on track.

Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

The Ira Smith Team understands these concerns. More significantly, we know the requirements of the business owner or the individual that has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

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We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

The Ira Smith Trustee & Receiver Inc. team understands that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

Original article: ONTARIO FAMILY LAW: DETAILED ONTARIO COURT OF APPEAL DECISION ALLOWS WIFE’S CLAIM OVER HUSBAND’S CREDITOR

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MORTGAGE ISSUES BREWING: CANADIANS ARE SERIOUSLY FALLING BEHIND ON DEBT

May 15, 2023 by Kristen Walker

Mortgage issues: Introduction

As per the latest findings from the Royal Bank of Canada (RBC or RBC Economics), a significant proportion of Canadians are currently grappling with debt payments, thereby heightening the risk of mortgage default in the future. The report reveals that the average Canadian owes $1.77 in debt for every dollar of disposable income, a trend that has been steadily increasing over recent years. This development is particularly concerning given the rising interest rates, which are exacerbating the difficulty of maintaining timely payments.

This Brandon’s Blog will explore the RBC report, the truth about household debt, including mortgage debt, in Canada, whether or not we are already in trouble and its implications for Canadian households.

The impact of rising interest rates on mortgage and other debt payments

The RBC report clarifies the negative impact of boosting the rate of interest on debt payments for Canadians. With the way we have seen the rate of interest growing, numerous Canadians are finding it significantly testing to handle their debt payments, specifically those with a variable-rate mortgage or loan product taken out at interest rates at pre-pandemic levels or credit card debt.

Interest rates have risen significantly, with the Bank of Canada’s Target Overnight Rate going from 0.5% in March 2022 to holding at 4.5% since January of this year. Anyone faced with renewing their mortgage is going to be in for a bit of sticker shock. The report also highlights a concerning pattern where a substantial number of Canadians are unprepared to handle the prospective fallout of rising interest rates on their ability to meet their financial obligations.

This RBC report highlights the expanding degree of debt among Canadians, which could potentially cause mortgage issues down the line. As more Canadians battle to keep up with their debt payments, RBC’s experience states that it is most likely that they might start missing mortgage payments. This could lead to serious consequences, such as the loss of their home or even bankruptcy. What’s even more, the report reveals that numerous Canadians are blissfully unaware of the possible dangers related to lugging around high levels of debt.

Understanding Household Debt in Canada

In order to attain a comprehensive comprehension of the ramifications of Canadian household debt, it is imperative to precisely define it. Household debt encompasses the aggregate sum of all financial obligations owed by Canadian households, including home mortgages, credit cards, lines of credit, and vehicle loans. Data released by the Bank of Canada indicate that the customary household debt-to-income ratio has been consistently escalating over the past few years, indicating a trend that is no longer just a blip.

This trend signifies that Canadians are taking on increasingly greater financial obligations in relation to their income. Coupled with the effects of inflation, it is apparent that, on average, Canadian household income is insufficient to meet the customary familial expenditures, resulting in families incurring more debt to maintain their standard of living.

Substantial household debt poses several possible risks to the Canadian economic climate. First of all, it can cause economic instability for Canadian households as they endeavour to satisfy their financial obligations. Second of all, increased degrees of financial obligation may result in a reduction in consumer spending, therefore negatively impacting the overall economy. Finally, households with elevated debt levels will likely be extra prone to default as the rate of interest hikes happens, potentially causing a cascade of defaults throughout the Canadian economy.

Canadians expect signs of trouble in the Canadian economy

Recent data indicates prospective problems surrounding Canadian household debt. In a survey of Canadians carried out by the Bank of Canada between January 27 and February 16, 2023, with follow-up interviews in March 2023, numerous key findings were uncovered.

The key findings were:

Assumptions for the rising cost of living in the coming 1 to 2 years have declined but continue to be dramatically greater than in the pre-COVID-19 period.
While consumers have reduced their price increase expectations for certain goods, such as commodities, inflationary assumptions for services such as rent stay raised.
A majority of consumers believe that the Bank of Canada faces obstacles in successfully lowering inflation because of high government spending and also ongoing supply chain disruptions. However, many remain hopeful that supply chain issues will be fixed within the next two years, resulting in reduced product prices influenced by the disruptions.
Alternatively, those that watch high federal government spending as a relentless inflationary force expect continued interest rate stress in the long term.
The present economic environment is characterized by elevated inflation and also a higher pattern of interest rates, which has actually resulted in installing strain on Canadians, especially those that are making monthly mortgage payments. Consumers are spending less on non-essential services, including leisure travel, eating in restaurants, as well as various other recreational activities.
A considerable majority of Canadians view an economic downturn to be one of the most potential end results for the Canadian economy within the following year. Nonetheless, many people continue to be uncertain regarding the direction of the economy, the labour market and unemployment rates. Such uncertainty has actually caused a tendency amongst consumers to reduce spending and increase savings as a preventative measure.
In spite of economic obscurity, workers show a favourable outlook on the job market, with several certain they could find new employment opportunities, especially those who are discontent with their present jobs. Private sector wage increase expectations are near an all-time high among employees.
Nonetheless, wage growth is expected to fall short of the rising cost of living, with most workers predicting their wages or salary will not equal current inflationary trends in the coming year.

Principal reasons for mortgage issues in Canada

Amidst the prevailing economic conditions, numerous homeowners are facing considerable difficulty in maintaining the escalating expenses associated with owning a home. Consequently, there is an anticipated surge in the number of defaulted mortgage payments in the forthcoming months. This trend is a source of apprehension for both homeowners and lenders.

As per the RBC Economics report, the principal reasons for mortgage-related issues in Canada are:

The rising cost of homeownership includes rising property taxes, insurance costs, and maintenance expenses.
Job loss or reduced income.
Reduced economic growth.
High household debt.
Increasing interest rates. This is especially true for homeowners with variable-rate mortgages, as their payments can fluctuate over time.
Unanticipated expenditures and low or no savings or emergency funds. Some homeowners may have taken on too much debt or purchased a home that was too expensive for their budget. In these cases, failed mortgage payments are almost inevitable.

The RBC report sustains the findings of the Bank of Canada study. It mentions that this might be due to a mix of elements, including climbing living expenses, stationary wage growth, and the high cost of housing. The repercussions of this could be extreme, affecting not only specific homeowners and their personal finances but the entire Canadian economic situation.

RBC states that it is critical that lenders, regulators, as well as policymakers, interact to address this problem effectively. Financial education, government programs and support for those dealing with financial debt can help protect against mortgage issues and defaults.

Consequences of mortgage issues in Canada

Failed mortgage payments can have significant consequences for both homeowners and also for mortgagees. For homeowners, missed payments can result in the power of sale or foreclosure process. This results in the loss of their house.

Potential lending institutions scrutinize credit history and also credit score prior to approving loan or mortgage applications. Uniformity in making payments is essential as it contributes to keeping a healthy credit rating. So being delinquent on debt and home mortgage payments and especially the loss of your house has a considerable unfavourable effect on your credit score and your capacity to get loans in the future.

The financial and mental stress of these mortgage issues cannot be overemphasized. It is vital that Canadians take positive steps to deal with their debt properly. The RBC report stresses the significance of looking for guidance and assistance from trustworthy financial specialists to help you be able to deal proactively with your debt problems before it is too late. By following this guidance, Canadians can protect their financial well-being and also avoid possible home mortgage problems in the future.

Delinquent mortgage and loan repayments can result in economic losses for lenders. Due to their reliance on periodic payments to sustain their operations, any missed payments can cause significant disruptions to their cash flow. This is particularly true for smaller lenders with limited resources as compared to larger organizations. When a substantial portion of a lender’s portfolio consists of delinquent and non-performing loans and mortgages, it can lead to a cessation of operations.

Coping with household debt and mortgage Issues: What Can Homeowners Do?

The RBC Economics report underscores the significance of proactive debt management by Canadians. While elevated levels of household debt may trigger apprehension, there are measures that individuals can undertake to mitigate the risk of financial ruin. One crucial approach is to look carefully at your personal finances and devise a budgetary plan and adhere to it. This can assist households in identifying superfluous expenditures and making necessary adjustments.

Furthermore, households ought to prioritize the repayment of high-interest non-mortgage debts such as credit cards. CTV News reported that non-mortgage debt is up by 5.4% when comparing the fourth quarter of 2022 to the same time in 2021. Seeking the guidance of a financial expert in developing a debt management strategy can also prove advantageous.

In the event of mortgage payment difficulties, there are several prudent measures that homeowners may take to forestall losing their homes. Firstly, contacting the lender and providing details of the financial predicament may yield positive outcomes. Numerous lenders extend hardship programs that facilitate a reduction in monthly payments or an interim suspension of payments.

In the event that you have an insurmountable challenge of making home mortgage payments and the looming threat of losing your home, it may be a good idea to very carefully consider the option of selling your residential property. By doing so, you can properly avoid the damaging end results of defaulting and losing your home and ultimately embark on a clean slate of living in a more affordable home.

All of these recommendations can be found in my May 1, 2023, Brandon’s Blog “MAXED OUT CREDIT? YOU NEED TO KNOW HOW TO INCREASE CREDIT SCORE: OUR 13 INTRIGUING TIPS TO IMPROVE YOUR CREDIT SCORE”.

However, if things have gotten out of control and your creditors are already pounding at the door, making harassing collection calls and possibly even suing you, you need to take immediate action. Contact me anytime by phone or email.

Mortgage issues: Conclusion

The RBC report has brought to the fore the intensifying concern of Canadians back-pedalling on their debt payments. The scenario is rather disconcerting, specifically given the surge in the rate of interest that pose a formidable challenge for Canadians to stay current with their financial obligations.

In addition, higher interest rates and the price of necessities of life have increased concerns about the surging debt levels amongst Canadians and the possible difficulties that could arise in the home mortgage market in the future. It is imperative that Canadians take aggressive measures to address their financial debt management strategies and appropriately plan for the ramifications of this new higher interest rate environment.

I hope you enjoyed this mortgage issues Brandon’s Blog.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Original article: MORTGAGE ISSUES BREWING: CANADIANS ARE SERIOUSLY FALLING BEHIND ON DEBT

Via https://www.irasmithinc.com/blog/mortgage/

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JENNY CRAIG RUMOURED SHUTTING DOWN DUE TO BEING SERIOUSLY OVERWEIGHT WITH DEBT

May 8, 2023 by Kristen Walker

Jenny Craig introduction

California-based Jenny Craig Inc.(Jenny Craig), the nutrition and weight-loss services provider, is reportedly shutting down after four decades due to its inability to secure additional financing. The company has about $250 million of debt and is considering all of its options, including a bankruptcy filing.

According to its website, the company has about 500 weight-loss centers in the United States and Canada and boasts millions of successful Jenny members. A closing down of its business would result in potential layoffs with employees looking for new work and customers scrambling to find a new weight-loss option. The company recently issued a warning of mass layoffs to all employees.

Jenny Craig’s announcement of closing locations and maybe filing for bankruptcy has sent shock waves across the industry, leaving many wondering what went wrong for the weight loss giant. As one of the most trusted and sought-after brands in the space, the news has come as a surprise to many.

In this Brandon’s Blog, we aim to provide you with the latest developments and analyses on this iconic weight loss company‘s current predicament. We delve deeper into what led to this unfortunate conundrum, and what it means for the weight loss industry as a whole. So, without further ado, let’s explore the possible Jenny Craig bankruptcy filing and its implications.

Brief background on Jenny Craig as a weight loss company and its founding principles

Jenny Craig was founded in 1983 as a weight loss company with a mission to provide individuals with a personalized approach to weight loss. This popular weight loss service’s core principles focused on offering support, education, and guidance to individuals looking to achieve their weight loss goals. This approach was based on a belief that everyone’s weight loss journey is unique and therefore requires a personalized plan tailored to their needs.

However, in recent years, the company has faced financial difficulties resulting in the closure of physical operations across multiple locations. Jenny Craig is already now closing hundreds of locations across North America, including corporate offices, hoping to transition to an e-commerce model. The changes are expected to impact all employees in some manner. This is one of the options under consideration. The other is a total shutdown and maybe even a bankruptcy filing. jenny craig

What led to Jenny Craig’s current financial problems?

The current state of Jenny Craig‘s financial issues has sparked inquiries into the contributing factors. The weight loss industry has experienced a surge in competition in recent years, as new and diverse alternatives to conventional programs such as Jenny Craig have emerged. This situation was further accentuated by the onset of the COVID-19 pandemic, which mandated that individuals stay at home and avoid visiting physical Jenny Craig locations.

The ever-increasing popularity of a customer-friendly, e-commerce driven model of shopping and digital solutions has had a profound effect on a range of industries, including the weight loss sector. A considerable proportion of consumers are now choosing to embark on their weight loss journeys using online programs and self-help techniques available on various digital platforms. The weight loss market is rife with a plethora of supportive options, some of which are exceptionally effective.

A more recent trend in the management of diabetes gave a boost to the prescription weight-loss drug business from the finding that people with diabetes who take a certain drug to reduce their A1C levels also experience weight loss. With this reported finding of the connection between weight loss and diabetes drugs. If a person who does not have diabetes, but wishes to lose weight, has a doctor willing to prescribe these types of drugs for weight loss, then there is no need to sign up with either traditional weight-loss companies or online alternatives.

However, traditional companies like Jenny Craig, which rely heavily on physical locations, need to adjust to the evolving consumer trends to remain competitive. The challenge lies in the ability to adapt swiftly to avoid succumbing to financial losses.

Competition to Jenny Craig from other weight loss programs and trends

Jenny Craig‘s recent announcement of its potential closure and bankruptcy highlights the intense competition in the weight loss industry. Consumers have access to a range of weight loss programs and trends, including keto and veganism, which provide alternatives to traditional programs such as Jenny Craig. These alternative meal plans allow people to create their fresh meals, rather than having to purchase their food from the Jenny Craig nutritionally-balanced menus.

Individuals who are considering Jenny Craig now have so many more weight loss options to explore. It is also important to consider support options when selecting a weight loss program, such as community support and expert guidance leading to greater success. Ultimately, researching and selecting the best weight loss program for individual needs and preferences is critical for achieving long-term success. If someone thinks they have found all their answers and a program they can enroll in from the comfort of their home and get all the support they need online, that does not bode well for physical location programs like Jenny Craig.

Alternatives to the Jenny Craig weight loss program

Online Weight Loss Programs

These are alternatives to in-person programs like Jenny Craig. They offer the convenience of being able to access the program from anywhere with an internet connection, and many of them provide support through phone calls, video chats, or online forums.

There are several popular online weight loss programs available today that can help individuals achieve their fitness goals. Here are some of the most popular online weight loss programs:

WW International (formerly Weight Watchers): WW is a well-known weight loss program that has been around for over 50 years. It offers a personalized approach to weight loss with a focus on healthy eating, fitness, and behaviour change. The program assigns points to foods, and members are given a certain number of points to consume each day based on their individual goals and needs.
Noom: Noom is a mobile app that uses behavioural psychology to help users make healthy lifestyle changes. It offers personalized coaching, meal tracking, and community support to help users achieve their weight loss goals.
Nutrisystem: Nutrisystem is a meal delivery program that provides pre-packaged, portion-controlled meals and snacks to help individuals lose weight. The program also offers counselling and support to help users stay on track.
MyFitnessPal: MyFitnessPal is a free app that allows users to track their calorie intake and exercise. It also offers personalized recommendations based on individual goals and provides a supportive community to help users stay motivated.

These are just a few of the many online weight loss programs available today. Each program has its unique approach and features, so it’s important to research and compare different options before deciding which one is right for you.

Local Weight Loss Programs

For those who choose in-person communication when working on their weight management objectives, there are numerous regional alternatives to choose from. Lots of gyms and health clubs can plan for you a fat-burning program customized to individual requirements, while independent weight loss facilities might likewise be available locally. A few of these neighbourhood programs for weight loss include Life Time Fitness, Equinox, and also Orangetheory Health and Fitness. These programs provide individualized advice and assistance to help people reach their weight loss goals.

DIY Weight Loss

If you would rather take a more self-directed strategy for weight loss, there are many resources offered to assist you to do so. Some people find success by adhering to certain balanced diets like the ketogenic diet or the Mediterranean diet. Others may select to begin an exercise routine and switch to healthier foods to create their nutritional diets. There are also numerous books and online sources available to help you begin.

Internal and external factors that caused Jenny Craig to fail

The reasons behind the financial troubles are complex, but they are partially due to increased competition from online weight loss programs and local weight loss programs, which offer similar services at a lower cost. But this does not tell the whole story. Internally, the company struggled to keep up with changing consumer preferences and the rise of online weight loss programs. Additionally, the high cost of Jenny Craig‘s program may have turned off potential customers in a highly competitive weight loss market.

Externally, the COVID-19 pandemic likely had a significant impact on the company’s profitability, as the lack of access to the physical location of weight loss centers made it difficult for customers to access Jenny Craig’s services. In the meantime, Jenny Craig had a heavy debt burden associated with its operations that were largely shut down.

Due to these events, consumers started to explore other weight-loss programs and nutrition choices. As a result, the overall financial performance of Jenny Craig was negatively affected. Consumers conducted thorough research and comparison of various highly-rated weight loss programs and identified the best possible alternative program for each of their unique needs and preferences. Once they committed to a new program, there was no need to return to Jenny Craig.

The remaining members now need to transition away from Jenny Craig due to its announcement of location closures and its troubled financial situation. This will only hasten the complete closure or bankruptcy of Jenny Craig.

Lessons learned from the Jenny Craig experience

The recent news of the prospective bankruptcy filing and real-time location closures by Jenny Craig acts as a valuable tip for businesses to stay vigilant as well as adaptable to moving market conditions and evolving consumer choices. The modern business landscape no longer permits the idea of invincibility. The introduction of an online retailing model provides major concerns for any company regardless of industry. This is especially true for a 40-year-old company like Jenny Craig, vulnerable.

It is therefore vital for businesses to use inexpensive, flexible, and hassle-free choices to remain affordable and relevant in a progressively crowded market. Failing to do so might well result in a business failure resulting in unpaid bills and employee layoffs.

By understanding these lessons, any business can better serve and retain its clients or customers and boost its chances of success, regardless of whatever market they are in.

Jenny Craig summary

I hope you enjoyed this Jenny Craig Brandon’s Blog. Managing your company in today’s ever-challenging and changing business landscape is no small feat, but with the right plan in place, it’s possible to stay or get back on track.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Original article: JENNY CRAIG RUMOURED SHUTTING DOWN DUE TO BEING SERIOUSLY OVERWEIGHT WITH DEBT

Via https://www.irasmithinc.com/blog/jenny-craig/

source https://irasmithinc.weebly.com/blog/jenny-craig-rumoured-shutting-down-due-to-being-seriously-overweight-with-debt

MAXED OUT CREDIT? YOU NEED TO KNOW HOW TO INCREASE CREDIT SCORE: OUR 13 INTRIGUING TIPS TO IMPROVE YOUR CREDIT SCORE

May 1, 2023 by Kristen Walker

Our mission includes helping you know how to increase credit score with our free online course

The objective of this Brandon’s Blog is to furnish readers with comprehensive insights on improving their credit rating, alongside introducing them to our complimentary no-cost e-learning module, “How to Increase Credit Score: How To Improve Your Canadian Credit Score”. This user-friendly course provides a definitive guide on increasing your credit score, thereby paving the way for better financial prospects. The brief video above describes the course and how you can access it.

This Brandon’s Blog provides highlights common problems faced by those with low credit scores, including being declined for credit or having to pay high-interest rates. I also provide valuable tips on how to increase credit score. The focus is primarily on the significance of maintaining a good credit score in order to get approval for reasonably priced loans, mortgages, or credit cards.

Explanation of maxed-out credit: Know how to increase credit score

Maxed-out credit happens when an individual has reached their credit limit and is unable to borrow any more and make further purchases. It results in high-interest rates, missed payments, and damaged credit scores. However, there are effective ways to increase your credit score and eliminate debt. This Brandon’s Blog, combined with our free e-learning course, delivers easy-to-understand strategies and expert counsel to equip consumers with everything they need to know to improve their credit scores to unlock better financial prospects.

Through the knowledge I am sharing, individuals can successfully navigate the complex world of credit ratings and experience marked improvements in their daily lives. By embracing sound fiscal practices, one can effectively manage their money, avoid bankruptcies or consumer proposals, and ultimately earn a more favourable financial life. So take control of your financial situation today and with our help, begin your journey towards a more stable and prosperous financial future with our “How to Increase Credit Score: How To Improve Your Canadian Credit Score”.

Importance of improving credit score: Know how to increase credit score

In today’s world, a good credit score functions as the cornerstone for getting financial freedom. For people that have grappled with debt, insolvency, bankruptcy or consumer proposals, improving their credit rating may look like an overwhelming obstacle. Yet, with the specific devices and insights we are supplying to you, any person will be able to take control of their very own financial life heading in the direction of a brighter tomorrow.

This is exactly why we have created “How to Increase Credit Score: How To Improve Your Canadian Credit Score“. Our recommendations and our tried-and-tested techniques will move you toward a better credit score, eventually unlocking excellent loan and mortgage opportunities from Canadian lenders, and enabling you to accomplish your financial goals. Take control of your future and bid farewell to higher interest rates and declined credit applications by going through our “How to Increase Credit Score: How To Improve Your Canadian Credit Score” today.

Description of what a credit score is, how it is determined and then how to increase credit score

A person’s credit worthiness is represented by a numerical score known as the credit score. This score is derived from various financial information such as payment history, credit utilization rates, length of credit history, types of credit used, and new credit inquiries.

Credit scores range from 300 to 900, where a higher score is indicative of better credit history and financial stability. The credit report, maintained by Canada’s two credit reporting agencies, Equifax Canada and TransUnion Canada (Equifax/TransUnion), is the source of credit ratings and it is what the Canadian banks will look at.

Importance of knowing your credit score and how to increase credit score

Maintaining a good credit score is a key factor in today’s financial landscape, irrespective of whether you are a student, a young professional, a business owner or are retired. Knowing your credit score is important so that you can stay informed on what others think of your creditworthiness and financial standing. Sometimes adverse information may find its way into your credit report as an error. By knowing what your credit report says, you will be able to prove any errors that should be eliminated which produces a lower credit score than what you are entitled to. It is important to have any errors fixed to avoid any negative impact on any assessment of your creditworthiness.

A low credit score can lead to being denied for credit, higher interest rates, and unfavourable loan terms from Canadian lenders. It is essential to maintain a high credit score as it paves the way for obtaining the best possible deals on loans and credit card products from financial institutions at the most favourable rates. Therefore, it is crucial to keep a tab on the various financial factors that contribute to your credit score to ensure a sound financial standing.

That is why we developed our complimentary no-cost e-learning module, “How to Increase Credit Score: How To Improve Your Canadian Credit Score”. To teach you how to improve your credit score.

Knowing how to obtain your free credit report is the 1st step in how to increase credit score

Maintaining vigilance over your credit report is a prudent method for verifying the precision of your credit history and score, both of which serve as significant benchmarks of your monetary stability. Fortunately, procuring a complimentary credit report has become effortless. It is your lawful right to receive an annual free credit report from each of the two Canadian credit bureaus.

Submit a formal request for your credit report via their digital portal or through the Canadian postal service. When you get it, meticulously examine it to identify any inconsistencies or inaccuracies that may be impeding your creditworthiness.

If you find yourself struggling with debt, don’t despair. Our complimentary e-learning module, “How to Increase Credit Score: How To Improve Your Canadian Credit Score” can provide you with valuable insights and practical strategies to enhance your credit score and overcome financial setbacks. You can trust us to help you take control of your financial future today.

Common credit score issues that create lower credit scores: How to increase credit score

A low credit score can present significant obstacles, particularly when making significant purchases on credit or seeking loans. Although there are many parts contributing to an individual’s credit score, certain concerns are regularly associated with reduced scores.

A number of widespread credit score difficulties can bring about lower scores, such as:

Late payments: Not making your payments on time will have a major negative impact on your credit score, whether we are talking about credit cards, loans or lines of credit. Late payments reflect badly on your credit report and can significantly affect your overall score. Paying your debts on time, and not just your minimum payment, has a positive impact on your credit rating.
High credit utilization: A higher credit utilization rate will adversely impact your credit score. Financial institutions prioritize borrowers who exhibit responsible credit management practices; hence, maintaining a low credit utilization ratio (usually below 30%) is fundamental.
Errors on your credit bureau report: As already stated, inaccuracies on a credit report, ranging from erroneous personal details to accounts that are not legitimately attributable, can harm your credit rating. To safeguard against such potential pitfalls, it is imperative to maintain an annual review of your credit report and promptly challenge, with evidence, any inaccuracies that may be encountered.
Defaulting on a loan: Be it a mortgage or an automobile loan, defaulting will lead to a deterioration in your creditworthiness. Therefore, you have to make sure when you are approved for a loan that you can afford the monthly payments and meet all other repayment terms. This is of prime importance.
Applying for too much credit: Requesting too much credit can have negative effects on your credit rating. Potential lenders, and especially credit card companies, may interpret this as a sign of your nervousness over your financial hardship and a greater chance of you eventually defaulting on the loan. As such, you should exercise moderation when applying for credit. Moderation and realism is the key to maintaining a healthy credit profile.
Accounts in collection: Having accounts in collection leads to a decrease in your credit score. This is because you have now shown that you cannot handle credit responsibly. It is imperative that you promptly settle any outstanding amounts and work with the creditor or its appointed collection agency to eliminate that account from your credit report. If you don’t, there will be a negative impact on your creditworthiness.
“Hard credit check” versus “soft credit checks”: See the next section for this discussion.

By steering clear of these typical credit score complications, you can keep a good credit score and heighten the probability of obtaining credit approval in the foreseeable future.

“Hard hits” versus “soft hits”: Know how to increase credit score

The first issue is having too many hard inquiries on your credit report. These hard inquiries occur when lenders pull your credit report and do a credit score check as the first step in determining if you’re going to be approved for a loan or other credit product you applied for.

What are hard inquiries on your credit report?

When seeking new credit such as a loan, credit card or mortgage, hard inquiries are initiated on your credit report. A hard inquiry is a request for a copy of your credit report and it remains on your credit report for two years. However, it only affects your credit score for one year.

What are soft inquiries on your credit report?

A soft inquiry is an informational check of your credit that does not impact your credit score. Soft inquiries appear when you or an authorized user view your own credit report, or when a business checks your credit for pre-approved offers or account reviews.

Soft inquiries are also known as “soft pulls” because they do not impact your score, unlike hard inquiries which do.

13 tips on how to address these issues and how to increase credit score in Canada

We understand that managing finances can be challenging, especially when you are maxed out on your credit and can’t repay the debt. You may be feeling overwhelmed and unsure of what to do next, but don’t worry, we are here to help.

Developing sound credit practices is the cornerstone of financial literacy. Learning and regularly practicing such practices is crucial as it will improve your financial outlook. By timely payment of bills, responsible use of credit cards, and staying on top of what is in your credit report, you can improve your credit score and secure a path to financial triumph.

This, in turn, can enable you to establish a robust credit history, thereby qualifying you for lower interest rates on all credit products. Sticking with the sound tips indicated below, it will grant you access to more advantageous lending options that may not be easily available to the masses.

Developing sound credit practices means unfailing commitment, meticulous planning, and unwavering attention to detail. However, you will reap the benefits because these tips and activities will help you achieve your long-term financial goals and establish a solid foundation for your and your family’s financial future.

Here are our 13 tips on how to address these issues and how to increase credit score in Canada:

Assessing your debt situation

You have to start by truthfully analyzing your whole financial status to successfully manage your financial debt. This involves meticulously gathering all the information from charge card statements, and loan agreements, and identifying all other outstanding debts to calculate the total amount owed, the individual interest rates you are being charged by product, and all your monthly payments. Only by doing so, can you after that begin to create a realistic plan to pay off your financial debts in a timely and efficient way.
Creating a budget plan

Now that you have collected all of your debt information, it’s time to develop a household budget that includes all incomes as well as expenses. Ensure you include all of your fixed expenditures like rent or mortgage payments, utilities and vehicle loan payments. Then you need to list all of your variable costs like food and entertainment.

Once you have a clear idea of your expenditures, compute your income on a monthly basis and subtract your expenses from it. This will show you where you need to cut down on expenses and/or take on a side gig to raise your income.

Keep in mind that you cannot be spending more than you earn in any month. Ideally, you want to spend less each month than your monthly income, so that you can then have money to dedicate to paying down your debts and building up an emergency savings fund.

Incidentally, do not neglect to include the income tax you need to pay on your income, broken down into a regular monthly cost. Include that amount as a monthly expense also.
Contacting your creditors

It’s crucial to reach out to your creditors promptly if you’re having trouble keeping up with your debt payments. You might find that they’re receptive to collaborating with you on a customized repayment scheme that meets your financial capabilities. By disregarding your debts, you’ll only exacerbate the problem, which could lead to late charges, sanctions, and a negative impact on your credit report.

Please keep in mind that unless you have first done the two steps listed above, you will not have a good understanding of what kind of accommodation you need to ask each creditor for. If you go in well-prepared knowing all of your numbers, you will significantly increase your chances of success in these negotiations.
Explore debt consolidation

If you’re dealing with numerous debts, you could want to take into consideration debt loan consolidation. It’s a viable option where you can secure a single loan at a lower rate of interest than the weighted average interest rate from every one of your debts that you’re currently paying.

You then use the funds from this new loan to fully pay off or otherwise settle all your other debts. As a result, you will then only have one debt to concentrate on, with a reduced month-to-month repayment. This will certainly assist you handle your debts successfully and reduce the amount of interest you’re paying. This also saves you cash that you can then put toward building up your emergency fund and savings.
Reduce credit utilization

Decreasing credit utilization is an essential part of increasing your credit score. Firstly, take stock of your existing credit usage, and attempt to pay off the balances on the highest-interest accounts first. Think about settling your debts with a debt consolidation loan or a zero-percent balance transfer credit card. You can enjoy a healthy financial future by reducing your credit card balances and limiting how many times you apply for credit within a year. Enhance your credit score by lowering your credit utilization ratio.
Pay your bills on time

Always paying your bills on time is key to maintaining your credit rating in good shape. A constant history of timely repayments will help you build a higher credit score and which improves the look of your credit report. It is critical to keep your bills paid on time to show a positive payment history and not have a damaging influence on your credit history.
Use Your Credit Responsibly

Avoid maxing out your charge cards and try to keep your credit utilization rate low as previously stated. It will help you keep a great credit rating or improve your existing one by showing lenders that you are a responsible borrower.
Monitor Your Credit Report

Maintaining an accurate credit report and safeguarding against identity theft are critical financial practices. You are legally entitled to get from the Canadian credit reporting bureaus a complimentary copy of your credit report annually.

Thoroughly review it so that you can detect any fraudulent activities or errors that could result in severe damage to your credit rating. Hopefully, there are not, but you must remain alert and well-informed about your credit standing to ensure your financial well-being.
Limit New Credit Applications

It is important for you to remember that each credit application you make reduces your credit score. Therefore, you must be cautious and limit the number of credit applications you make. You should only try to get new credit when it is absolutely needed. This advice also goes for applying for a credit limit increase of an existing credit product.
Developing a Strong Credit Profile

Having no or very little credit history can pose a huge problem when you make a credit application. Your credit file does not have enough information in it to show that you can handle credit responsibly. It is recommended to begin developing a positive credit history early on in your adult life. You should consider alternatives such as getting a secured credit card account or a 1-year term personal loan that requires you to make regular monthly payments. If you make your payments on time, you will begin establishing an excellent credit track record which brings about a good credit score.

A word of caution. As you are just starting out, make sure that you only set reasonable loan or credit card limits so that you can afford the monthly payments to repay what you owe on the credit accounts during the period of time allowed by the lender.
Explore professional credit counselling

Individuals grappling with financial challenges may find it advantageous to seek the expertise of a seasoned credit counsellor. This prudent move can afford them a series of invaluable benefits, all of which serve to bolster their financial literacy and improve their overall monetary management. Prominent advantages of credit counselling include, but are not limited to:
- Enhanced Debt Management: Credit counselling can help individuals struggling with debt to manage their finances better. The counsellors can offer valuable advice on debt repayment strategies, budgeting, and managing the debt load effectively.
- Financial literacy: The acquisition of financial knowledge is essential for individuals to navigate the complexities of financial management with success. To this end, credit counsellors offer an imperative service by imparting essential financial education that equips individuals with the necessary skills to cultivate sound financial habits, make informed financial decisions, and preemptively avoid potential financial obstacles.
- Improved credit score: Credit counselling services can provide individuals with the valuable expertise necessary to improve their credit scores. People who go through credit counselling obtain the tools necessary to practice the habit of responsible financial management which over time improves their credit scores.
- Emotional Support: The credit counsellor can help people through the rough patches of anxiety and worry about their financial situation until they start feeling better about themselves and their improving financial situation.
Speak to a licensed insolvency trustee

There are benefits to having a no-cost consultation with a Canadian licensed insolvency trustee if you are facing financial difficulty. Here are a few:
- - Expert advice
  - Protection from creditors
  - Debt relief
  - Guidance through the process
  - Financial education
Overall, speaking with a Canadian licensed insolvency trustee can help you take control of your finances and achieve a fresh start.
Watch the video at the top of this Brandon’s Blog

You will find out how to access our no-cost e-learning module, “How to Increase Credit Score: How To Improve Your Canadian Credit Score”.

Conclusion: How to increase credit score

Managing your debts can be challenging, but with the right plan in place, it’s possible to get back on track. Remember to assess your debt situation, create a budget plan, contact your creditors, explore debt consolidation, and consider bankruptcy only as a last resort option. With these steps, you can take control of your finances and work towards a debt-free future. Having a maxed-out credit can be stressful and overwhelming. However, it is also an opportunity to take control of your finances and work towards improving your credit score.

With our complimentary no-cost e-learning module, “How to Increase Credit Score: How To Improve Your Canadian Credit Score”, you can learn practical strategies and expert advice on how to boost your credit score and secure better financial opportunities. By following our simple steps, you can finally put an end to being denied credit or paying high-interest rates. With dedication and perseverance, you can unlock financial freedom and achieve your goals. So, don’t wait any longer; start your journey towards a healthier credit score today and join countless individuals who have already benefited from our guide.

I hope you enjoyed this how to increase credit score Brandon’s Blog.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

CLICK THE PICTURE BELOW TO GET OUR COMPLIMENTARY NO-COST E-LEARNING MODULE, “HOW TO INCREASE CREDIT SCORE: HOW TO IMPROVE YOUR CANADIAN CREDIT SCORE”

Original article: MAXED OUT CREDIT? YOU NEED TO KNOW HOW TO INCREASE CREDIT SCORE: OUR 13 INTRIGUING TIPS TO IMPROVE YOUR CREDIT SCORE

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BIA: 2 PEOPLES CHALLENGE SUING A CANADIAN LICENSED INSOLVENCY TRUSTEE

April 24, 2023 by Kristen Walker

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Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA): Introduction

On April 13, 2023, the Supreme Court of Canada (SCC) dismissed the application by the legal counsel of a former bankrupt and his wife for leave to appeal from the judgment of the Court of Appeal for Ontario. As is the usual case, the SCC did not give any reasons for the dismissal. The Court of Appeal for Ontario’s decision dealt with what is required under section 215 of the Bankruptcy and Insolvency Act (Canada) (BIA) to sue a licensed insolvency trustee.

In this Brandon’s Blog, I provide a comprehensive guide to the Court of Appeal for Ontario decision and everything you need to know about section 215 of the BIA. Using this real court decision as an example, we’ll explore the ins and outs of Section 215 of the BIA to give you a clear understanding of its purpose, how it applies, and the potential consequences of non-compliance.

Overview of BIA Section 215

Section 215 of the BIA requires that permission of the court be obtained to bring an action against the Office of the Superintendent of Bankruptcy Canada, an official receiver, an interim receiver or a licensed insolvency trustee with respect to any report made under, or any action taken, under the BIA.

The purpose of this section is to ensure that the court must first decide if a proposed action has on its surface a legitimate purpose relating to the administration of insolvency matters in Canada and to avoid frivolous actions that have no chance of success.

Regular readers of Brandon’s Blog know that I have been following and writing about the case of the former bankrupt, Mr. Wayne Flight and his wife, Amber Nicole Flight. In my November 2021 blog titled: TRUSTEE IN BANKRUPTCY: CERTAIN ACTIONS AGAINST TRUSTEE CAN BE UNLEASHED WITHOUT FIRST REQUIRING COURT PERMISSION, I detailed a decision of the Ontario court where the motion judge decided that notwithstanding section 215 of the BIA, the Flights did not need to first obtain authorization from the Court in order to initiate their legal proceeding.

Then in July 2022, I wrote that the licensed insolvency trustee (formerly called a bankruptcy trustee) had appealed this lower court decision and gave an overview of the appeal and other related issues in my blog titled: INSOLVENCY TRUSTEE: TURNS OUT CERTAIN ACTIONS AGAINST THE TRUSTEE CANNOT BE UNLEASHED WITHOUT COURT PERMISSION.

As stated above, this Brandon’s Blog will provide a comprehensive guide to the Court of Appeal for Ontario decision and everything you need to know about section 215 of the BIA. bia

BIA: The Motion Judge’s Decision

The motion judge decided that the Flights did not require the permission of the court, under s. 215 of the BIA, to bring an action against the Trustee, relating to the administration of four bankruptcies of Brian Wayne Flight! The same corporate trustee was the Trustee in each of his bankruptcy proceedings. The lower court judge rendered a decision that negates the applicability of the clause in dispute, deeming the action to be levied against the individual Trustee in a personal capacity, and further alleging omissions as a mitigating factor. She did not assess whether section 215 of the BIA did apply and if it did, should permission to proceed with the action be granted.

Upon due consideration of the arguments presented, the Court of Appeal for Ontario has granted the Trustee in Bankruptcy leave to appeal and has subsequently set aside the order of the motion judge. In rendering its decision, the appellate court has determined that pursuant to section 215 of the BIA, permission to bring the civil action must be obtained and has thus directed the matter back to the bankruptcy court to assess whether such permission should be granted.

It is noteworthy that, despite the Flights’ appeal of this ruling to the SCC, said appeal has been dismissed. Consequently, the matter will now be remanded to the bankruptcy court for further deliberations.

The BIA case background

Mr. Flight filed for bankruptcy on four separate occasions – specifically in the years 2004, 2006, 2011, and 2016. The same corporate trustee was the Trustee in respect of each of these bankruptcies. The same individual licensed insolvency trustee was the individual at the corporate trustee with carriage of Mr. Flight’s bankruptcies.

The total of the proven claims in the first three bankruptcies was $324,800. The total amount distributed to creditors of those bankruptcies was about $3,200. Proven claims in the fourth bankruptcy were $127,870.

In the year 2018, amidst his fourth bankruptcy, Mr. Flight uncovered the fact that substantial amounts had been unlawfully appropriated from his business operations between 2003 and 2018. The perpetrator of this offence was none other than Julie LeBlanc, his former spouse, his bookkeeper, and authorized agent. Ultimately, Mr. Flight determined that the amount of the misappropriations was approximately $206,000.

Mr. Flight successfully retrieved a sum of approximately $30,300 from Ms. LeBlanc, however, it was not submitted to the Trustee. Subsequently, in April 2018, Mr. Flight lodged a complaint with the Office of the Superintendent of Bankruptcy regarding the Trustee’s inability to identify Ms. LeBlanc’s actions. Following the formal complaint, the Trustee was made aware of Ms. LeBlanc’s illicit activities and the funds secured by Mr. Flight.

Disputes then arose between the Trustee and Mr.Flight concerning whether and on what terms he would be discharged from bankruptcy and how the payments from Ms. LeBlanc should be treated. In August 2019, Mr. Flight was granted a conditional discharge on terms that, if complied with, allowed him to receive an absolute discharge after twelve months. The Trustee and Mr. Flight did not agree as to whether those conditions were met.

In September 2019, Mr. Flight and his current spouse, Amber Nicole Flight, commenced an action against the individual licensed trustee, seeking relief (the “Action”). The Action does not name, or refer to, the corporate trustee, but it treats the individual trustee as though he were the Trustee. The central allegation in the Action is that the individual trustee, as the“Licensed Insolvency Trustee” for each of the bankruptcies, ought to have detected Ms. LeBlanc’s misappropriations and, once told about them, ought to have taken steps including suing Ms. LeBlanc.

As Mr. Flight states in his affidavit:

“At the heart of this action is the Trustee’s failure to detect, prevent, and once he became aware of it, to litigate, the theft and fraud committed by my former Accountant, Bookkeeper, and Power of Attorney, JulieLeBlanc”. bia

Did the undischarged bankrupt have the right to launch the Action under the BIA?

Both the individual trustee and the corporate trustee objected to the Action on the basis that at the time of its commencement, (i) Mr. Flight was an undischarged bankrupt person, and (ii) no permission was obtained under s. 215 of the BIA to bring the Action.

Mr. Flight brought a motion, in his bankruptcy proceeding, seeking directions with respect to whether he had the right to commence the Action as an undischarged bankrupt and, if required, seeking leave to do so under section 215 of the BIA.

In September 2020, and before the motion for directions was heard, Mr. Flight launched but did not proceed with, a motion for an absolute discharge. In October 2020, working with a different insolvency professional, he filed a consumer proposal under the BIA. It was accepted by Mr. Flight’s sole significant creditor in February 2021. The acceptance of the consumer proposal resulted in his bankruptcy being deemed annulled.

Following acceptance of the consumer proposal the motion judge heard the motion for directions with respect to the Action.

The Court of Appeal for Ontario’s analysis

The motion judge, sitting in the bankruptcy court, determined that permission was not required under section 215 of the BIA to commence the Action. She expressly did not determine whether, if permission were required, should it be granted. She did not address whether Mr. Flight’s status as an undischarged bankrupt at the time the Action was started prevented him from bringing it.

The motion judge described the Action as one seeking “a declaration that the defendant engaged in misfeasance, negligence, fraud and breach of fiduciary duty in his personal capacity and that the defendant was unjustly enriched.” She described the claims in the Action as alleging a theft (by Ms. LeBlanc) that caused Mr. Flight’s repeated bankruptcies, and as alleging that the individual trustee was liable since the“defendant trustee ought to have detected this fraud in the administration of the four bankruptcies”.

The motion judge described the Action as claiming damages flowing from the individual trustee’s alleged failure to: “take any meaningful action to address the alleged fraud and its impact on the fourth bankruptcy after its discovery”; “diligently commence an action against the former bookkeeper”; “investigate the fraud”; “adjust the plaintiff’s surplus income”; “recommend a consumer proposal in alternative to bankruptcy”; and “have the plaintiff promptly discharged from his fourth bankruptcy”.

The motion judge gave two reasons for finding that the Action did not require permission under section 215 of the BIA. According to her perspective, seeking recourse against trustees in their individual capacity does not necessitate prior authorization. Furthermore, it is noteworthy that the pursuit of legal recourse pertaining to omissions does not necessitate getting prior authorization. bia

The Court of Appeal for Ontario’s decision

The Court of Appeal for Ontario found that the motion judge erred in concluding that the capacity in which the Trustee was sued made section 215 of the BIA inapplicable. An action does not fall outside of section 215 of the BIA because it names an individual rather than the corporate trustee as the defendant, where the action alleges that the individual owed the duties of a Trustee and is liable as if he were the Trustee. Nor does an action fall outside of section 215 of the BIA because the claim asserts that it is brought against the Trustee in a personal capacity, where the gist of the claim is wrongdoing in the performance of the Trustee’s role.

The appellate court stated that the motion judge also erred in holding that an action that makes any allegation of an omission falls outside of section 215 of the BIA. Although section 215 does not apply to an action premised on the failure of a Trustee to do an act specifically and expressly mandated by the BIA, that is not the core allegation in the Flight’s claim. Section 215 applies to the Action, which alleges common law wrongdoing in the performance of the Trustee’s role, even if an aspect of that wrongdoing is described as an omission to act.

The Court of Appeal for Ontario granted the Trustee’s leave to appeal, allowed the appeal, and returned the matter to the bankruptcy court to determine whether the Flights should be granted permission to sue the individual trustee. The individual and corporate trustees were entitled to the costs of the appeal, fixed in the amount of $13,000, inclusive of disbursements and applicable taxes. Now that the SCC appeal is dismissed, the lower court will have to decide the real issues as determined by the Court of Appeal for Ontario

BIA: Conclusion

I hope you enjoyed this section 215 BIA Brandon’s Blog.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Original article: BIA: 2 PEOPLE’S CHALLENGE SUING A CANADIAN LICENSED INSOLVENCY TRUSTEE

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FEDERAL BUDGET 2023 AND PREDATORY INTEREST RATES: WHAT EVERY ENLIGHTENED CONSUMER MUST KNOW

April 17, 2023 by Kristen Walker

Interest rates: Introduction

From the 2023 Federal Budget, the Canadian federal government has garnered significant attention for its proposed measures regarding interest rates on predatory loans. This initiative has been lauded by activists as a commendable effort towards safeguarding consumer interests, promoting financial inclusivity, and antipoverty measures.

The budget aims to oversee the financial sector and extend protection to vulnerable Canadian consumers who may face challenges in accessing conventional bank loans. The budget is focused on facilitating economic policies that foster financial empowerment, encourage community development, and support grassroots initiatives.

In the wake of the ongoing COVID-19 pandemic, the Liberal government has made a noteworthy declaration regarding lowering criminal interest rates. Presently, the rates stand at an exorbitant maximum interest rate of 60%, leading to severe hardships for many individuals in repaying their loans. Therefore, the government has proposed a reduction of the maximum interest rate to an approximate annual interest rate, or as is formally described as the annual percentage rate (APR) of 35%, down from its existing equivalent of 47% APR. This move is anticipated to provide crucial respite to Canadians grappling with the financial repercussions of the pandemic and is reflective of the government’s proactive stance toward ensuring the welfare of its citizens.

In this Brandon’s Blog, I discuss this pivotal development in the Canadian financial landscape. As the government continues to prioritize the welfare of its citizens, this budget holds the potential to usher in positive changes in our society concerning predatory loans. I examine key terminologies such as federal budget, interest rates, and consumer protection alongside other pertinent phrases like anti-poverty measures, advocacy, and grassroots movements.

Hopefully, this Brandon’s Blog will also provide you with some insight into financial regulation, economic policy, and social justice and lead to a discussion of the impact of this budget on Canadians and their overall financial well-being.

Interest rates: Background information on predatory loans

Predatory lending is a financial practice that exploits vulnerable individuals, often resulting in excessive interest rates, undisclosed charges, and onerous repayment terms. These loans can be particularly damaging to borrowers as predatory loans make it next to impossible for vulnerable consumers to meet their obligations, leading to a cycle of debt.

Exorbitant interest rates that surpass the threshold of 60% annually have been classified as criminal interest rates under the Canadian Criminal Code. The culprits of this offence often include payday lenders, loan sharks, and other predatory lenders who exploit financially vulnerable Canadians. Typically, these lenders prey on those who belong to low-income households, those with a very poor credit score, new immigrants, and seniors who possess insufficient knowledge of the country’s financial system.

However, the Canadian Federal Government is proactively addressing this issue in its 2023 budget. The budget includes provisions to cap the interest rates charged by predatory lenders and support programs offering debt relief and financial empowerment.

This initiative demonstrates a commitment to promoting social justice and anti-poverty measures through economic policy. The efforts of activists and advocacy groups have been instrumental in advancing these measures. interest rates

Explanation of the Federal Government’s decision to cut interest rates on predatory loans

The Federal Government has decided to reduce interest rates on predatory loans, which typically offer short-term lending options at exorbitant rates of interest. These loans are often marketed to individuals who are facing financial instability, leading to a cycle of debt that can be challenging to break.

The Criminal Code limits the legal interest rate to a 60% annual rate. Any annual percentage rate above that is a criminal rate of interest. That criminal rate level has been in place since 1980 when the Bank of Canada’s overnight rate was 21%! Currently, some provinces permit the exemption for payday lenders resulting in exorbitant interest rates for payday loan options of up to $1,500 for a period of 62 days or less.

For the purpose of context, it deserves noting that the ceiling for the criminal interest rate has actually regularly exceeded the rates of interest levied by banks on their typical financing and mortgage products. Additionally, the maximum rate has gone beyond even the highest interest-bearing financing product supplied by financial institutions, credit cards, which commonly bring reasonably steep interest rates of approximately 19 to 20 percent.

The Government is proposing to lower the criminal interest rate to 35%, which is the rate established in Quebec. Provincial consumer protection laws mandate that any interest rate above this level would be deemed unlawful.

Interest rates: Common characteristics of predatory loans

Predatory financial products have long been identified by their high-interest rates, obscured junk fees, and unconscionable repayment terms, leading to a cycle of debt from which borrowers struggle to extricate themselves. As such, the budget’s emphasis on consumer protection, financial regulation, and social justice reflects a governmental commitment to the advancement of financial inclusion, debt relief, and anti-poverty measures.

These lending instruments often associated with payday lenders are designed to target low-income Canadians who are either vulnerable or have limited access to traditional financing channels. With exorbitant rates and fees, such loans often ensnare borrowers in a debt trap that is difficult to escape. The proliferation of predatory loans has inflicted serious damage on borrowers, and so it is imperative to thwart such practices through the implementation of effective regulatory measures. interest rates

The Federal Government’s decision to cut interest rates on predatory loans

The Canadian Federal Government’s implementation of reduced interest rates on predatory loans, as unveiled in the Federal Budget document, has garnered acclaim from social justice activists and financial empowerment proponents. This progressive step towards limiting interest rates on predatory loans has been a long-sought-after triumph for advocates who have tirelessly campaigned for this alteration over the years. The government’s decision to restrict interest rates on such loans to 35% will serve to shield borrowers from the detrimental cycle of debt arising from predatory lending practices, a particularly pressing concern given the surge in such practices during the COVID-19 pandemic, which has rendered countless individuals financially distressed.

Predatory lending practices have the potential to cause irrevocable harm to borrowers, with those already grappling to make ends meet being especially vulnerable. By imposing inflated interest rates and fees, predatory lenders are able to ensnare borrowers in an endless cycle of debt, thereby exacerbating the financial difficulties they face. Such actions not only impact the individuals involved but have wider-reaching implications.

Interest rates: Criticism of the government plan

Despite receiving praise from consumer and social justice advocates, the choice to reduce the interest rate on predatory loans in the 2023 Federal Budget has met some opposition. Critics have expressed the problem that this step can cause a greater rate of bankruptcies. They say that if this class of lenders is no longer willing to offer loans to these risky customers, they will leave the marketplace as a result of interest rates being capped. In that event, credit accessibility will no longer be available to those vulnerable people in Canada.

In addition, some critics state that the government should focus on establishing programs fostering financial inclusion, debt relief, and financial empowerment rather than enforcing rate of interest caps. They believe that caps on interest rates may not appropriately address the origin of poverty as well as exclusion.

Nonetheless, advocates of this regulatory measure see it as a necessary step towards shielding vulnerable Canadians, especially lower-income Canadians. interest rates

Benefits of cutting interest rates on predatory loans

The federal government’s budget proposal to lower the criminal rate of interest is expected to have a substantial influence on Canadians that are battling to repay their loans. Reduced interest rates will make it less complicated for Canadians to do so while hopefully being able to avoid falling further into debt. It is intended to decrease the financial strain on low-income households, seniors, and new immigrants that are especially vulnerable to aggressive financing methods.

Furthermore, the federal government’s budget proposal to introduce new steps to shield Canadians from predatory lending practices is a welcome development. Lenders will be subject to stricter oversight, which will hopefully help prevent them from capitalizing on susceptible Canadians. Stricter fines for lending institutions that breach the law will also act as a deterrent and help make certain that Canadians are dealt with in fairness and respect.

This particular federal budget 2023 proposal has garnered praise from consumer advocates due to its emphasis on consumer protection, financial inclusion, and social justice. Particularly noteworthy is the government’s decision to limit the interest rates that predatory lending institutions can charge. This will particularly impact payday loan products. This measure is deemed critical in protecting vulnerable Canadians.

Interest rates: Criticisms of the decision

Notwithstanding the praise this proposal has thus far received, the decision to lower the criminal rate of interest on predatory lending has actually not been without its detractors. Doubters have actually expressed that such a measure may result in some problems. Critics of this proposal say that there may be an increase in defaults on debt, as predatory loan providers may choose to decline certain loan applications from high-risk customers, thereby cutting off their access to credit. Without such access, they will be unable to repay other debt that is about to go into default.

Critics of this plan have suggested that the government should prioritize other legislative measures and initiatives that actually promote monetary inclusion, debt relief, and financial empowerment instead of focusing on caps on interest rates. They say that lowering the criminal interest rate does nothing to deal with the underlying sources of problems experienced by such bad credit and lower-incomed Canadians.

Benefits of cutting interest rates on predatory loans

Predator loans are normally considered underhanded and damaging to borrowers, as they generally involve high-interest rates, hidden costs, and other terms that make it difficult for borrowers to repay the loans.

Reducing interest rates on loans can also make it less complicated for people to re-finance their existing loans, which can lower their monthly payments and free up more cash for various other expenses. This can be specifically advantageous for people that are struggling to make ends meet, as it can supply some much-needed financial relief.

The major advantages seem to be:

reduced financial burden on borrowers
potential reduction in default rates
increased economic stability

In general, we will certainly have to wait and see if there is a benefit to Canadians that have no choice but to obtain predatory loans. Will they benefit from this proposal or simply be pressed to the darker corners to get their loans wheretheir financial and personal health will be in danger?

Interest rates: Conclusion

We will have to see if this reduction in the criminal rate of interest ever becomes law and if it fact will help those financially vulnerable Canadians who must seek out predatory loans, such as payday loans.

I hope you enjoyed the interest rates on Brandon’s Blog. Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Original article: FEDERAL BUDGET 2023 AND PREDATORY INTEREST RATES: WHAT EVERY ENLIGHTENED CONSUMER MUST KNOW

Via https://www.irasmithinc.com/blog/interest-rates/

source https://irasmithinc.weebly.com/blog/federal-budget-2023-and-predatory-interest-rates-what-every-enlightened-consumer-must-know

IMPORTANT LEGAL DECISION: HOW PRIORITY IS ASSIGNED BETWEEN CONSTRUCTION ACT LIEN AND LICENSED INSOLVENCY TRUSTEE FEE

April 10, 2023 by Kristen Walker

Construction Act, R.S.O. 1990, c. C.30: Introduction

In May 2020, I wrote Brandon’s Blog CONSTRUCTION LIEN ACT: CAN YOU TRUST AN INSOLVENCY PROCEEDING?

In October 2021, I wrote CONSTRUCTION LIEN ACT OF ONTARIO: THE GRIPPING FIGHT BETWEEN LIEN FILING, A PRIOR MORTGAGE & RECEIVER FEES. In that blog, I wrote about what a construction lien is and a decision of the Court of Appeal for Ontario in a receivership context.

Now there is a decision released by the Alberta Court of King’s Bench of Alberta on February 15, 2023, regarding Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII). This decision relies on the Court’s inherent jurisdiction rather than following a specific rule set out in the Bankruptcy and Insolvency Act (Canada) (BIA). Based on the specific facts of this case, this decision sets the priority between a construction lien and the fee and disbursements of a licensed insolvency trustee (formerly called a bankruptcy trustee).

I have compiled a comprehensive guide to help you understand the case’s implications. Our guide provides information on the Ontario Construction Act, R.S.O. 1990, c. C.30 (Construction Act) the background of the case, the decision, and what it means for stakeholders in the construction industry if this decision is not overturned on appeal (should an appeal be launched) and if this line of thinking was adopted in Ontario.

Our understanding hopefully provides clarity for contractors, builders, lawyers, lenders and other construction industry players. Following the Alberta Court’s decision, it is necessary to understand how a Construction Act lien will rank against other claims and especially the licensed insolvency trustee fees. Our guide will help readers learn:

the importance of a construction lien
the background of the case;
what the Court’s decision was;
the implications of the case; and
how to protect their interests under similar circumstances.

We caution that we are not lawyers and especially not construction lawyers. Anyone involved in the construction industry needs to seek the advice of their legal counsel.

Our specialty is that of a licensed insolvency trustee. We will be jumping between the requirements of the Construction Act in Ontario and the Alberta Court decision. Since bankruptcy matters are federal law, while the Construction Act is provincial law, I feel that the comparison is apt.

What is the Ontario Construction Act?

The Construction Act is a piece of legislation in the province of Ontario. The act regulates the construction industry in Ontario and outlines the rules and requirements for construction contracts, requests for payment, the prompt payment regime and payment dispute resolution.

The Construction Act is divided into various parts, each dealing with different aspects of construction. Part II outlines the trust provisions and the interim dispute resolution provisions. Part III deals with the construction lien, which allows contractors and subcontractors to secure payment for work they have done. Part IV outlines the holdback provisions Part V of the act deals with the expiry, preservation and perfection of construction liens.

The current Construction Act came into being in September 2021. Before then Ontario had the Construction Lien Act. Overall, the Construction Act is an important piece of legislation for the construction industry in Ontario, providing a framework for fair and equitable treatment of all construction contracts, payment, and dispute resolution. As a business owner or contractor in the construction industry, it is essential to understand your rights and obligations under the Construction Act.

One very complicated area of this provincial law is the ranking of a Construction Act Lien against licensed insolvency trustee fees in the event of a company’s insolvency and bankruptcy. The recent decision from the Alberta Court sheds light on this topic and provides valuable insights for contractors, business owners and insolvency professionals.

What is a construction lien under the Construction Act?

A construction lien is a legal claim against a property that is created by a contractor, subcontractor, or supplier who has provided labour or materials for the improvement of that property. The purpose of a construction lien is to secure payment for the work or materials provided by the claimant.

In Ontario, construction liens are governed by the Construction Act, which outlines the process for creating, perfecting, and enforcing liens. A construction lien arises when a contractor, subcontractor, or supplier provides work or materials to improve a property but is not paid for that work or materials. The lien gives the claimant the right to take legal action to enforce the claim for payment.

Please note: While I cannot claim expertise in this particular field, I have served as a Court-appointed receiver for incomplete construction projects as a licensed insolvency trustee. As such, I have gained valuable experience dealing with a variety of construction lien issues within the context of receiverships.

Improvements to the Construction Lien Act of Ontario in making the Construction Act has focused primarily on implementing prompt payment provisions and establishing mechanisms for resolving disputes, such as the adjudication regime. Under provincial construction law, the prompt payment rules refer to the timely payment of an invoice following the issuance of a “proper invoice.”

Specifically, contractors must receive payment for their work within 28 days of their invoice being received by the owner. The owner has 14 days to object to the amount, quality, or invoice of the work outlined in the invoice. Additionally, the time limit for filing/preserving liens has been extended from 45 days to 60 days.

The primary objective of this revised policy is to enhance cash flow management within the construction hierarchy by expediting conflict resolution and avoiding either late payment or non-payment. The newly implemented adjudication provisions are designed to resolve construction disputes proficiently with qualified adjudicators and a code of conduct for their ethical conduct.

In the event of a failure to extend the timeline, the adjudication regime mandates that the decision must be rendered within 46 days of initiation. If a party fails to comply with the adjudicator’s decision, the aggrieved party is entitled to halt or terminate work under the contract.

Under industry standards, holdbacks necessitate that the landowner, the contractor, or the subcontractor withhold a sum of 10% from the overall expense of materials or services rendered. It is permissible to furnish a bond or security deposit in place of the holdback contingent upon the provisions outlined in the contractual agreement.

To perfect a construction lien under the Construction Act, the claimant must follow a specific process. First, the claimant must provide written notice of their intention to lien to the owner of the property, the general contractor, and any other parties with an interest in the property.

After providing notice, the claimant must register the lien with the Ontario Land Registry Office after the last day the claimant provided work or materials. The registration of the lien must include specific information, such as the amount claimed, a description of the property, and the names of the parties involved.

Once the lien is registered, the claimant must take legal action to enforce the lien within a specific timeframe, or the lien will expire. This legal action results in the filing of a lawsuit to enforce the lien or participating in mediation or arbitration to resolve the dispute. There are specific time frames to all these steps under the Construction Act which must be followed.

Overall, construction liens provide important protections for contractors, subcontractors, and suppliers by allowing them to secure payment for their work or materials. However, the process of creating and enforcing a lien is complex. It is important to seek legal advice to ensure that the lien is properly perfected and enforced.

Definition and criteria for awarding licensed insolency trustee fees in a Canadian bankruptcy

In accordance with the BIA, a licensed insolvency trustee (LIT) in Canada is authorized by the federal government to oversee bankruptcies and proposals. It is mandatory for individuals or companies that file for bankruptcy to designate a LIT to manage the process.

The fees of a LIT in small consumer personal bankruptcy files are determined by a tariff established by the Office of the Superintendent of Bankruptcy. This tariff is meant to fairly compensate LITs in these small files.

In all corporate bankruptcy and larger personal bankruptcy administrations, the LIT’s fee depends on the complexity of the case, as well as the value of assets and liabilities involved. The LIT must have its fee and disbursements approved by the Court in these larger files.

It is imperative to acknowledge that a particular hierarchy is established in the BIA that determines the order of priority in which a LIT’s fees are paid from the assets of the bankrupt estate. Prior to any ordinary unsecured creditors, LITs are compensated after trust claimants, secured creditors, and preferred unsecured creditors. Consequently, any remaining funds earmarked for LITs’ remuneration will curtail the amount accessible to cover the claims of ordinary unsecured creditors.

This is where the issues in the Alberta case arise. Before agreeing to accept an insolvency assignment, the LIT needs to understand how they are going to get paid. In a bankruptcy where there are secured creditors, those creditors may suffer a shortfall and therefore there will be no money available for the LIT fees and disbursements, even if they are fully approved.

In such cases, the LIT must first get a sizable cash retainer or the indemnity of a third party who can afford to pay the fees and costs upfront. This must be done by the LIT BEFORE accepting the file. It is most important for the LIT to pay attention to how it is going to get paid for administering bankruptcy. There are certain red flags that must be identified when assessing a potential bankruptcy administration, especially for an unfinished construction project.

Different types of licensed insolvency trustee fees in a Canadian bankruptcy

LIT fees pertain to the charges levied by a Trustee for the range of services provided in the administration of a bankruptcy estate. These fees are extracted from the estate’s assets and are contingent on the intricacy of the case, the amount of time and effort invested by the Trustee, and the overall value of the assets in question.

According to the BIA, LIT fees are determined based on specific criteria that govern the administration of bankruptcy proceedings. Both the fees and expenses incurred by the Trustee and their legal representative must be approved by the Court. As a result, the LIT must acquire the Court’s authorization for their expenses and charges.

The Court holds the power to decide the amount and fairness of the Trustee’s fees. The Court considers several factors such as the complexity of the case, the amount of time invested by the Trustee, the value of the assets involved, and the quality and level of services rendered by the Trustee. The Court also takes into account the evidence of any party opposing the approval of the LIT’s fees as submitted for approval.

The services rendered by a LIT are subject to regulatory oversight under the BIA, which has established a framework for fees that can be charged by LITs. These fees are bifurcated into two categories:

Administrative Fees: These fees are levied by LITs for the administrative work they perform during the bankruptcy process. They encompass a range of activities such as document preparation and filing, communication with creditors, and asset collection, realization and distribution.
Disbursement Fees: LITs charge disbursement fees for expenses incurred while managing the bankruptcy. These expenses can range from fees for appraisers, Court filing fees, and legal fees, and are typically reimbursed from the debtor’s estate.

Importance of paying attention to bankruptcy trustee fees

Bankruptcy cases entail a diverse range of fees that creditors and relevant parties must meticulously monitor. Trustee fees are a significant aspect of these fees, as they could significantly impact the funds available for creditor payments. Thus, understanding the mechanics of these fees and their implications on your bankruptcy interests is crucial.

This is especially pertinent for those affiliated with the construction industry or those who supply products and services to construction projects. In recent years, there has been some confusion and uncertainty surrounding how Construction Act liens rank against Trustee fees in bankruptcy cases.

Regrettably, in my view, the recent judgment from the Alberta Court of the Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII) decision has only served to exacerbate this ambiguity, rendering the matter even more perplexing.

The following is my take on the Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII) decision.

Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII): Recent legal decision How priority was assigned between Construction Act lien and Bankruptcy Trustee Fees

Background of the case

In February 2019, Golfside Ventures Ltd. and Hustle Holdings Ltd. joined forces through a Joint Venture Agreement to develop forty-four parcels of barren land in Redwater, Alberta, commonly known as the Lands. However, shortly after the agreement was made, Golfside was declared bankrupt, with the Lands remaining as its sole asset.

Prior to the bankruptcy, the Trustee conducted due diligence and determined, notwithstanding the registrations against the title, that there was sufficient equity in Golfside’s assets to cover the associated fees and expenses. The Trustee also obtained an agreement with a third-party company to postpone and subordinate any of its claims against Golfside.

Despite these measures, one of the mortgagees filed a Builders’ Lien against the Lands after the bankruptcy commenced, claiming approximately $5,500,000 in relation to the joint venture. The Trustee disallowed the lien claim, prompting the creditor to appeal.

The Trustee, in seeking guidance and direction from the Court, filed a motion for the granting of an Order creating a first charge on the assets of Golfside in favour of the Trustee’s fee and disbursements, including legal fees. This request was made to ensure that the Trustee’s reasonable professional fees and disbursements are secured in their payment. The Trustee is relying on the principles of fairness and the inherent jurisdiction of the Court in making this request.

The Respondents asserted that the Trustee should have been aware of the existence of a lien prior to their appointment. They argue that the rights of secured creditors, as outlined in the BIA, should govern this situation, with secured lien claims taking priority over the payment of fees and disbursements to a bankruptcy trustee.

So the issue before the Court was can, and if so, should, the Court exercise its inherent jurisdiction to grant a charge in favour of the Trustee against the Lands and the proceeds from the sale of the Lands to secure the Trustee’s costs?

Court’s ruling and reasoning

Section 39 of the BIA sets out Trustee remuneration. Secured claims rank in priority over a trustee’s fees and expenses. A trustee should arrange to protect itself before incurring fees, expenses, and legal costs to administer the estate.

The lien claimant as a secured creditor would have priority over the Trustee‘s fees and expenses in the case of bankruptcy. The BIA provides the priority scheme for distributing proceeds of a bankrupt’s estate. It is not clear if the Court’s inherent jurisdiction can be applied in this situation. If so, the claim for lien would have precedence over the Trustee’s fees and expenses.

The Trustee would be entitled to a portion of the amount remaining out of the realization of the property of the debtor after the claims of the secured creditors have been paid or satisfied (s 39(2) in this case). The claim for lien would have priority over the Trustees’ fees and expenses.

The Trustee submitted that the Court may exercise its inherent jurisdiction to grant the requested charge. The Respondents take the position that the BIA is very clear and that the Trustee who incurred fees and expenses did so at its own peril. The Trustee’s responsibility is to ensure that only valid claims to the assets under administration are recognized. Determining the validity and priority of claims has a real cost.

In a prior decision, the Court ultimately granted a Trustee a charge over funds in its possession to the extent necessary to permit recovery of 50% of its reasonable fees and disbursements.

The Trustee in this case applied to have priority over the creditor in its capacities as both a mortgagee and as a lien claimant. Because each amount of these two claims exceeded the value of the assets, the Trustee applied for priority over the creditor as mortgagee also.

The Respondent mortgagee and lien claimant stated that the Trustee’s request is plainly contrary to the priority rights afforded secured creditors under the BIA. The court ultimately granted the Trustee the charge over the funds in Its possession, relying upon the inherent jurisdiction of the Court.

Construction Act: Impact of the decision on businesses, contractors and owners

We must remember that this is an Alberta court case, so, unless this decision is overturned on appeal, it only affects insolvency proceedings in Alberta. However, it will be interesting to see if this same approach is ultimately followed in other provinces. There are two parts to the secured claims of the Respondent: (i) a mortgage registered against title prior to the bankruptcy; and (ii) an unregistered security interest at the date of bankruptcy.

The Respondent’s submissions were correct. The BIA is clear. The claims of trust claimants, secured creditors and a very small type of special claims come ahead of the right of the licensed insolvency trustee to obtain its taxed fee and costs from the realization of the assets in a bankruptcy administration.

As stated above, the Court chose to use its inherent jurisdiction to override the relevant provisions of the BIA to grant the charge ahead of all secured claims, registered and unregistered. Albeit the Trustee had disallowed the construction lien claim which was unregistered at the date of bankruptcy and that disallowance was under appeal.

Whether other provincial courts will follow this decision only time will tell. If they do, will it then be common for courts to rule that the fee and expenses of a licensed insolvency trustee in administering a bankruptcy can prime a registered mortgage against lands? What about personal property security?

The recent decision from the Alberta Court concerning the lien claimant vs the Trustee fees is significant for anyone involved in any industry including the construction industry. Businesses, contractors and owners deserve certainty when dealing with insolvent companies. Unfortunately, this decision does not provide any certainty as the Court allowed the Trustee to prime both an unregistered charge, albeit of unknown value and a registered mortgage charge.

It seems to me that this decision should be appealed. I currently do not know if it is being appealed. In my opinion, the Court did more than just use its inherent jurisdiction. It used that authority to essentially rewrite the portion of the BIA that says creditors with valid security are outside the bankruptcy process, should be allowed to enforce their security and the Trustee’s fee and costs comes after the claims of secured creditors. Parliament did not intend this.

Also, by making this decision, the Court made moot the right of the construction lien claimant to appeal the Trustee’s disallowance of its claim to the Court. If there will not be any funds available after the Trustee’s fee and costs and the claimant’s mortgage, then the resulting effect is that the construction lien claim, assuming there is a valid monetary claim, is rendered to the class of ordinary unsecured even without the Trustee’s disallowance.

Construction Act: Conclusion

I hope you enjoyed this Construction Act Brandon’s Blog. Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Original article: IMPORTANT LEGAL DECISION: HOW PRIORITY IS ASSIGNED BETWEEN CONSTRUCTION ACT LIEN AND LICENSED INSOLVENCY TRUSTEE FEE

Via https://www.irasmithinc.com/blog/construction-act/

source https://irasmithinc.weebly.com/blog/important-legal-decision-how-priority-is-assigned-between-construction-act-lien-and-licensed-insolvency-trustee-fee

5 SURPRISING THINGS YOU CAN DO WITH YOUR CANADIAN TAX REFUND (THAT ARENT SHOPPING)

April 3, 2023 by Kristen Walker

What is a Canadian tax refund?

In April, Canadians must pay their income tax liability for the prior year and when most Canadians file their income tax returns. Getting a Canadian tax refund can be an amazing experience for numerous Canadians. It’s like obtaining an unexpected reward from the federal government. The idea of having extra money to spend can be thrilling as well as inspiring, and it can offer a sense of relief and security for those that might be battling financially.

Even just the knowledge that you will be getting a tax refund is exciting, as taxpayers excitedly wait for the confirmation of how much money they will be getting back. Everyone uses this time to think about how they are going to spend their refund. Overall, the enjoyment of receiving a tax refund is a favourable experience.

But what is a Canadian tax refund? Following the filing of their annual income tax return to the Canadian government, a taxpayer may receive a sum of money known as a tax refund. This refund represents the variance between the total amount of taxes paid by the taxpayer throughout the year and those they actually owe, based on their income and tax deductions/tax credits. In the event that a taxpayer has paid more taxes than they are required to, they will be issued a refund for the surplus amount.

While many people find it appealing to go on a shopping spree or book a holiday with that extra cash, there are really a lot more surprising and also functional things to use for your Canadian tax refund. In this Brandon’s Blog, I will explore 5 things you may not have thought about that you can do with your reimbursement that will certainly not only profit you financially but also assist you to accomplish your long-term objectives.

From investing in your retirement to repaying some financial debt, these alternatives might not be as interesting or exciting as a brand-new wardrobe or a journey to an exotic location, but they can have a substantial effect on your financial well-being. So, before you hit the shopping centre or book your next trip, take a minute to take into consideration these alternate suprising ways to use your tax refund. You may be amazed at just how much more satisfying it is to put that money towards something that will benefit you financially in the future. Let’s jump in!

5 surprising things you can do with your Canadian tax refund

It’s that time of year yet again – tax time. While it can be a difficult time for many, there’s always the possibility of a silver lining: the opportunity for a tax refund. According to the Canadian federal government, the average Canadian tax refund was $2,086 in 2022. There are at least 5 surprising things you can do with your Canadian tax refund that isn’t shopping.

So if you’re questioning what to do with your Canadian tax refund this year, keep reading – you could be surprised by the choices available to you. Here are the 5 ways that will help with your financial planning and money management:

1. Utilizing your Canadian tax refund to plan for your retirement is a wise decision.

Here are some practical ways to achieve this:

Establish an RRSP: It is recommended to open an RRSP account with a reputable financial institution or insurance company as a means of building your retirement savings. You can contribute up to 18% of your previous year’s earned income, up to the 2023 limit of $30,780. This approach enables you to save more for your future while minimizing your tax liability today. As a result, every dollar of your Canadian tax refund will have a meaningful impact on your retirement fund.
Make a contribution to your existing RRSP: Use your Canadian tax refund to make a contribution to your existing RRSP account. The payment is tax-deductible, which will lower your taxable income and therefore your 2023 tax obligation.
Select your financial investments: Choose exactly how you wish to invest the money within your RRSP. You can select from a potpourri of financial investment options, all depending on your risk tolerance and how far away from retirement you are. This is an important element of financial planning.
Monitor and also readjust your portfolio: Frequently review your investment portfolio to make sure that it is aligned with your long-term goals. Make changes if essential to make certain that you’re on track to accomplish your retirement goals.

Investing in your retirement is a wonderful way to guarantee that you have adequate cash to support your lifestyle after you quit working. By using your Canadian tax refund to make payments to your RRSP, it is both good financial and tax planning because you’re capitalizing on a tax-efficient method to save for your future.

2. Donate to a charity or a cause you care about

Contributing all or a part of your Canadian tax refund to a charity that you believe in is a fantastic way to produce a positive impact on the world. Follow these sensible actions to make a distinction:

Select a charity: Donate to a charity that resonates with your values and beliefs. You can choose one or more charities that contribute either to your local area or anywhere around the world.
Make a contribution: Use your Canadian tax refund to make a donation to your chosen charity. The majority of charities accept contributions via online platforms, and many permit automatic month-to-month contributions.
Think about a matching gift: Examine if your company provides a donation program to specific charities that match the amount of money you donate to. See if any of those charities appeal to you.

3. Pay off high-interest debt

Using your Canadian tax refund to pay off high-interest debt is a clever way to improve your financial situation. Below are some actions you can take:

Determine what your high-interest debt is: Take a look at your debts and find those with the greatest rate of interest. These are commonly credit cards, personal loans, or payday advances.
Establish the total up to pay off: Calculate just how much of your Canadian tax refund you can afford to use to repay the high-interest financial debt. It’s of course best to be able to pay off the entire debt, but if you can’t, pay down as much as you can of the high-interest rate debt.
Make the repayment: Use your tax refund to repay in full or pay down the highest-interest rate debt first. Make certain to comply with any payment conditions set by your lender or financial institution.
Prevent accumulating brand-new financial debt: Once you’ve settled the high-interest financial obligation, stay clear of building up new high-interest rate financial debt by budgeting your expenses and restricting your use of credit cards. You don’t want to start increasing high-interest-rate debt again after you have paid it off.

Settling high-interest debt is a clever financial action since it can conserve your money in the future by reducing the amount of interest you’ll pay. It can also help improve your credit rating, which can help you in the future when you need to apply for a home or car loan. By using your Canadian tax refund to settle high-interest debt, you can take a step in the direction of financial stability and ultimately freedom from debt.

4. Take a course or learn a new skill

Utilizing your Canadian tax refund to take a program or discover a brand-new skill can be a fantastic financial investment in yourself as well as your future. Here are some steps you can take:

Select a training course or skill: Determine a course or skill you wish to learn that can benefit you in your work or personal development. This can be an accreditation program, a language course, or a skills workshop.
Study choices: Look for reliable establishments that supply the program or skill you intend to learn. You can additionally look for online options or free courses offered on the internet.
Determine the cost: Establish the overall price of the program or skill, including any kind of materials or books you might need to acquire.
Pay for it with your tax refund: Use your Canadian tax refund to pay for the course or skills training. This way you don’t have to pay any money to invest in your personal growth.
Devote yourself to learning: Once you have actually enlisted in the training course or skills workshop, dedicate yourself to completing it. Set aside time each week to attend class, do homework and study. Stay encouraged by setting objectives and tracking your progression.

Using your Canadian tax refund to further your education and learning can help your personal development and your career, or just find a brand-new interest. By using your Canadian tax refund to take a course or discover a brand-new skill, you’re making a wise financial investment in your future.

5. Start or add to your emergency fund

Using your Canadian tax refund to begin or contribute to your emergency fund can be a clever way to plan for unforeseen expenses. Here are some steps you can take:

Establish just how much to save: In previous Brandon’s Blogs, I have recommended that everyone have an emergency fund of 3 to six months’ worth of household expenses in their reserve. Calculate how much you must save based on your monthly household expenses.
Open a separate account: Open up a separate savings account for your emergency reserve. Treat this account as untouchable, except in the case of a real emergency. This will make it less complicated to track any emergency expenses you must pay from this account. You must honestly treat this account as being “in case of emergency break glass” and not use it as a nice place to get some money from whenever you feel like it.
Set up automated transfers: Set up automated transfers from your everyday bank account to your emergency fund interest-bearing account. This will allow you to maintain the discipline of saving monthly from your income and avoid forgetting to contribute to your fund.
Use your Canadian tax refund: Use your tax refund to make a round-figure payment to your emergency reserve. This can assist you in reaching your savings objective faster.
Stay clear of utilizing the cash for non-emergencies: Resist the lure to utilize your reserve for non-emergency expenses. Keep the cash in the account until you need it for unexpected emergency expenses like additional medical costs, a major auto repair bill, or in case of job loss.

Beginning or contributing to your emergency fund can provide additional financial security when faced with unforeseen expenses. Use your Canadian tax refund to jumpstart your financial savings. You are taking positive action to reach financial stability and freedom.

Canadian tax refund conclusion

In conclusion, your Canadian tax refund presents an opportunity to do more than just indulge in shopping sprees. By exploring alternative uses for your refund, you can not only make the most out of your money but also achieve various personal and financial goals. Whether it’s investing in your future, contributing to a cause you care about, or simply treating yourself to an experience, the possibilities are endless. So, before you hit the stores or add to your cart, take a moment to consider these surprising options and think outside the box. Your tax refund could be the key to unlocking new opportunities and experiences that will enrich your life for years to come.

I hope you enjoyed this Canadian tax refund Brandon’s Blog. Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Original article: 5 SURPRISING THINGS YOU CAN DO WITH YOUR CANADIAN TAX REFUND (THAT AREN’T SHOPPING)

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CANADIAN CREDIT CARD DEBT: A COMPREHENSIVE GUIDE TO UNDERSTANDING AND TO GET OUT OF THE MENACING PROBLEM

March 27, 2023 by Kristen Walker

Canadian credit card debt: Introduction

Due to the holiday buying season, December has traditionally been connected with a surge in Canadian credit card debt. Nonetheless, with the start of the COVID-19 pandemic in 2020 and the surge in case numbers, celebrations, travelling, and in-store holiday shopping pretty well stopped, resulting in an extraordinary reduction in Canadian credit card debt.

Fast forward 2 years to December 2022, and Canadian consumers have returned to their traditional pre-pandemic period of extravagance in holiday purchasing. With the pandemic’s hold loosening, Canadians have eagerly ushered in the holiday spirit, leading to a rebirth of the fad of maxing out credit cards. As a result of that, and other factors I will discuss below, Canadian credit card debt is once again growing.

The escalating issue of credit card debt in Canada is gradually becoming a matter of concern for individuals and the nation’s economy in general. In this Brandon’s Blog, I will delve deeper into the Canadian credit card debt predicament, the reasons behind its growth, and plausible solutions to tackle it.

Canadian credit card debt: What is it and why could it be a problem?

The outstanding balance of credit cards of Canadians at any specific point in time is what is described as Canadian credit card debt. It is built up when people utilize their credit card to make purchases, and afterwards, carry a credit card balance from one month to the next, rather than paying off the balance in full when due.

As this financial debt begins to grow, it can trigger a lot of stress and anxiety and make it hard to stay up to date with monthly expenses. Credit cards are well-known for having high-interest rates, which means that the longer a balance is carried, the more interest the borrower will be paying, making it even more difficult to pay down the amount owed.

Furthermore, excessive credit card debt can significantly harm a person’s credit rating, which can make it harder for them to get new loans or credit in the future. This can bring about missed payments or even default, both of which will, even more, harm their credit score.

If you don’t handle your Canadian credit card debt properly, it can lead to some serious financial problems.Canaa

The current state of Canadian credit card debt

According to recent reports by Statistics Canada and Equifax Canada, people’s credit card balances are on the rise. And it’s not just a one-time thing either – Equifax Canada’s report and the government statistical agency report both states that it has been going on for the past year. Actually, by the end of 2022, Canadian credit card debt had risen by 13.8% contrasted to the previous year, leading to an overall outstanding debt of $93.4 billion.

What’s specifically concerning is that this rise in credit card debt is striking lower-income households the hardest. With high inflation, lots of people in this group are turning to high-interest credit cards to cover important rising costs like food prices, medication, as well as rent. It’s clear that we need to do even more to sustain these Canadians and also help them resolve this problem of inflation causing extra costs for Canadians.

Credit card debt can be worrisome in Canada for a few reasons. One of them is that credit card companies tend to charge pretty high-interest rates here – around 20% or more! That’s quite a bit more than other kinds of debt you might have, like a car loan or a mortgage.

Another thing to keep in mind is that Canadians’ savings are low, due to many of the same reasons that Canadian credit card debt is rising – the main one being inflation. So if something unexpected happens, like a drop in income or an unexpected expense, some folks might not have much in the way of savings to fall back on.

All in all, it’s important to keep an eye on your credit card debt in Canada – it can pile up pretty quickly!

Canadian credit card debt: Why do Canadians have so much credit card debt?

Numerous factors contribute to the excessive credit card balances among Canadians. Among the primary reasons is the effortless accessibility of credit cards. Credit card companies aggressively market their products to Canadians, luring them with attractive incentives like sign-up bonuses, cashback rewards, and low introductory interest rates.

Canada’s high cost of living is another significant reason for the country’s high credit card debt. Canadians encounter steep housing costs, surging food and gas prices, and escalating expenses of every type and description. With income failing to keep up with expenses, many resort to credit cards to bridge the gap, leading to elevated debt.

When faced with unexpected expenses like vehicle repairs or other emergencies, many Canadians lack the necessary savings and turn to credit cards to bear the costs, further increasing their reliance on credit.

Finally, a considerable number of Canadians lack the financial literacy to fully understand the trap they are falling into by continuing their credit card usage with no hope of ever repaying the balance owed. canadian credit card debt

Canadian credit card debt: Common mistakes people make when it comes to credit card debt in Canada

Signing up for too many credit cards: This can make it challenging to stay on top of monthly payments and may even lead to overspending.

Neglecting to regularly review credit card statements: This can result in harmful errors or unchecked fraudulent charges, which can add up and cause undue stress.

Making large purchases: Using credit cards for a major expensive purchase without having a clear plan to pay off the balance, can lead to hefty interest charges and long-term debt.

Applying for too many credit cards: Often enticed by sign-up bonuses or rewards, too many credit cards can lead to an inability to monitor payment schedules and overspending.

Failure to regularly review credit card statements: This can result in undetected errors or fraudulent charges. This may ultimately result in an increased balance owed or avoidable fees.

Financing large purchases: Buying major expensive items such as automobiles or vacations using a credit card without a clear plan for repayment can lead to high-interest charges and long-term debt.

It’s essential to be mindful of these pitfalls and take steps to avoid them to stay financially healthy.

Canadian credit card debt: How to tackle credit card debt in Canada

The following are 7 practical tips and strategies that Canadian individuals grappling with credit card debt can utilize:

Establish a budget: The primary step towards addressing Canadian credit card debt is establishing a budget. This will let you understand your revenue and expenses while identifying areas where you can decrease expenses to free up finances for debt repayment. It’s essential to factor in all bills, taxes, expenditures, and debt payments while drafting your budget.
Prioritize debt repayment: After developing a budget, prioritize debt repayment. Begin by repaying high-interest debt, such as credit card debt, and make minimum payments on other debts.
Consolidate debts: Consider consolidating credit card debt into a single loan that charges a lower interest rate. This simplifies debt management and lowers the interest paid over time.
Seek expert assistance: If faced with challenges managing your debt, consider seeking expert assistance. This could involve partnering with a community non-profit credit counselling agency or a licensed insolvency trustee.
Reducing expenses: Scrutinize your expenditure and identify areas where you can cut back, such as dining out, grocery shopping, and utility bills. Every penny saved can contribute towards debt repayment.
Increase your income: This could include freelancing, part-time work, or selling unused items. These avenues could provide the additional funds necessary to accelerate your debt repayment.
Avoiding unnecessary expenses: Using cash or debit cards as the form of payment instead of credit cards makes you think twice about every purchase before you make it.

Learning and using sound financial habits is fundamental for avoiding future credit card debt. Here are several compelling reasons why:

It creates superior financial management skills: The adoption of good financial habits, such as meticulous budgeting, diligent tracking of expenses, and prudent saving for unexpected contingencies, equips one with enhanced financial management skills. When one is always aware of their financial standing, they are less prone to impulsive expenditures, and the possibility of succumbing to credit card debt is thereby minimized.

It engenders a robust credit history: Good financial habits, such as paying your bills by their due date in full are what establish a good credit score. This augments the likelihood of future credit approvals and can result in more favourable interest rates and terms.

It eliminates tension and apprehension: Debt can be a source of profound stress, causing anxiety and other psychological distress. The development of good financial habits, together with the avoidance of credit card debt, can eliminate such concerns, canadian credit card debt

Canadian credit card debt: Conclusion

To conclude, by implementing these measures, you can take charge of your credit card debt and gradually work towards becoming debt-free.

I hope you enjoyed this Canadian credit card debt Brandon’s Blog. Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Original article: CANADIAN CREDIT CARD DEBT: A COMPREHENSIVE GUIDE TO UNDERSTANDING AND TO GET OUT OF THE MENACING PROBLEM

Via https://www.irasmithinc.com/blog/canadian-credit-card-debt/

source https://irasmithinc.weebly.com/blog/canadian-credit-card-debt-a-comprehensive-guide-to-understanding-and-to-get-out-of-the-menacing-problem

SILICON VALLEY BANK: COULD A CANADIAN BANK EXPERIENCE A GIGANTIC CATASTROPHIC FAILURE?

March 20, 2023 by Kristen Walker

Silicon Valley Bank failure: The SVB collapse

A subsidiary of the SVB Group called Silicon Valley Bank was heavily servicing the technology industry. The California-based Silicon Valley Bank is located in Santa Clara, in the Golden State and has been around since 1983. Ever since, they have actually opened up offices in a lot of various other places like the UK, Israel, as well as China.

Silicon Valley Bank’s pride and joy was all about supplying a variety of financial solutions, such as commercial business loans, private banking, asset administration, and also financial investment banking. They focused on dealing with start-ups, investors, and technology firms at differing phases of growth, providing them with access to resources, and know-how, as well as vital sources of capital.

With an eager focus on advancement, Silicon Valley Bank’s aim was to promote close relationships with the tech industry. They have actually contributed to funding lots of top-level technology firms, including Amazon, Tesla, and also Twitter, among others.

In this Brandon’s Blog, we dive deep right into the murky waters of SVB’s bankruptcy. We explore the various elements that contributed to this significant downfall and also look at what could happen if a Canadian financial institution failed.

Silicon Valley Bank failure: A brief history of Silicon Valley Bank

Silicon Valley Bank has been a game-changer in the tech market by satisfying the financial requirements of budding start-ups and their VC investors. With a first emphasis exclusively on tech start-ups, SVB soon branched out to cover a varied range of markets, including health care, energy, and even the wine industry.

At the heart of SVB’s organization lies a unique technique – developing resilient relationships with businesses just coming into existence and beginning to display signs of future potential, offering tailor-made financial and advisory solutions to allow for their development and growth. As well as it’s not a surprise that for many years, this Silicon Valley financial institution has actually contributed to the success of countless technology giants that we know today.

The Impact of Silicon Valley Bank’s failure on the Tech Industry: Here’s the latest on the banking crisis

With SVB being a principal in the industry, its death has created a void that will certainly be hard to fill. The financial institution’s lending tended to focus on early-stage start-ups making it a vital source of financing for lots of young businesses. Its bankruptcy has actually left most of these start-ups battling to secure funding, with fewer alternatives offered out there.

Along with its impact on startups, the Silicon Valley Bank failure has additionally influenced venture capitalists and also other investors. Numerous VC firms had partnerships with the bank, which gave them crucial financial and also consulting services. With SVB’s closure, these companies are now left without this key partnership, making it difficult for them in an unstable marketplace.

Silicon Valley Bank failure: What led to the Silicon Valley Bank failure?

Last week, SVB shocked the financial world by filing for bankruptcy protection. The reasons cited by the institution varied, including defaults on bad loans and losses in their investment holdings. Unfortunately, that’s not all. SVB was also hampered by regulatory restrictions and fierce competition, making it difficult to secure profits.

Many in the industry are bewildered by SVB’s sudden downfall, wondering how such a once-thriving bank could plummet so rapidly. Reports have uncovered that the root of SVB’s troubles can be traced back to their daring lending tactics.

SVB was renowned for its bold lending practices, including funding startups at an early stage with little to no revenue. Although this approach had delivered remarkable returns in the past, it left the bank now in this sad state.

Silicon Valley Bank failure: Can Canadian banks fail?

Naturally, bank failures can be a source of worry for Canadians since we put their money into financial institutions. The issue of whether or not a bank failure is a concern in Canada has been widely debated.

The stability and security of the Canadian banking system are widely acknowledged as among the best in the world. This is attributed partly to the rigid guidelines and also oversight enforced by both the federal government and the Bank of Canada. The financial industry in Canada is dominated by five main large institutions; The Royal Bank of Canada, TD Bank, Scotiabank, Bank of Montreal, as well as the Canadian Imperial Bank of Commerce, with smaller financial institutions and also credit unions also adding to the industry.

The diversity of the Canadian banking system spurs competition and aids to mitigate the risk of systemic failure in the event of a financial crisis. To make sure that the financial institutions have the required funding to withstand declines in the Canadian economy, Canadian banks need to hold sufficient capital and also undergo regular stress tests.

Although anything is possible, Canadian economic history and the regulation of Canadian banks suggests that a Canadian bank failure is a remote possibility.

Silicon Valley Bank failure: The Bank of Canada keeps Canada’s financial system healthy

The Bank of Canada, being the supreme financial authority in the Canadian economy, is mandated with the crucial responsibility of ensuring the overall economic and financial well-being of the country. Its multifaceted role encompasses a range of fundamental functions, some of which are outlined hereunder:

Monetary Policy: The Bank of Canada is entrusted with the pivotal responsibility of charting and operationalizing the monetary policy framework for the country. This involves meticulous regulation of the overnight rate, which serves as Canada’s key interest rate and consequentially influences the lending rates for commercial and consumer customers of Canadian financial institutions. The Bank of Canada’s primary objective is to maintain inflation at manageable, stable, and predictable levels.
Financial System Stability: The Bank of Canada is a vigilant guardian of Canada’s monetary system stability. It ensures sustained liquidity to the economy during times of financial distress and supervises and regulates financial institutions operating in Canada to mitigate against potential risks and losses.
The Bank of Canada is vested with the responsibility of currency issuance, encompassing the creation and dissemination of Canada’s legal tender. It is also accountable for the safeguarding of Canada’s monetary system, upholding its security and soundness.
In pursuit of its mandate to promote economic welfare, the Bank of Canada undertakes rigorous research endeavours aimed at exploring various economic issues. These include but are not limited to inflation, macroeconomic growth, and monetary stability. Furthermore, the Bank publishes economic data and conducts analytical assessments to equip policy-makers with the requisite information necessary for decision-making.

All in all, the Bank of Canada assumes a pivotal role in the maintenance of a stable and thriving Canadian economy.

Silicon Valley Bank failure: Precedents for bank failures in Canada

The rich history of Canadian banking started in 1817 when the first financial institution was created. The first Canadian bank collapse was the Home Bank in 1923. That was an outcome of enormous fraud.

In September 1985, two Western Canada-based banks, Northland Bank and Canadian Commercial Bank failed. This triggered a period of mergers in Canada’s banking sector, with many smaller financial institutions merging with the largest banks.

But the good news is that since the 1985 bank failures, the Canadian financial market has been unfailing. The federal government has put stringent regulations as well as oversight in place. There have been failures of some regional trust and loan companies, but no federally chartered bank has failed since the two in 1985.

Some lessons that have been learned from these bank failures are:

Diversification is crucial: Financial institutions that had a varied portfolio of loans and investments were much better able to weather financial recessions than those that were heavily overweighted in a specific industry or geographic location.
An effective guideline is vital: The Canadian federal government’s regulatory structure played a substantial role in preventing any chartered bank from failing during the global economic conditions and the economic crisis of 2008. Efficient laws can help recognize as well as minimize dangers before they come to be significant problems.
Company culture issues: In a few of the financial institution failings that took place in the past, there was a history of risk-taking as well as lax oversight. Financial institutions that prioritize strong controls for monitoring risk, as well as accountability, are much better positioned to prevent tragic failures.
Collaboration is vital: Throughout times of financial tension, cooperation between financial institutions, regulators, as well as the federal government can help prevent systemic failures and also mitigate the influence of any economic downturn.
Openness is important: Clear and precise reporting of financial details is necessary for investors and regulators, as well as the general public, to comprehend the threats and the health and wellness of financial institutions.
Prudent lending methods are important: Financing practices that prioritize creditworthiness and also risk management are important for maintaining the security of the economic system.

In general, the lessons gained from past financial institution failures in Canada underscore the value of diversity, efficient laws, a strong business culture of controls over risk-taking, transparency and sensible financing practices for the stability and health of Canada’s financial system.

Silicon Valley Bank failure: What happens to deposits if a Canadian bank failed?

The Canada Deposit Insurance Corporation (CDIC) is a Crown corporation that protects the balances held by Canadian depositors in the event of a bank’s failure, to a specified maximum amount.

If a participant bank fails, the CDIC repays eligible depositors for their insured deposits up to b$100,000 per depositor, per insured deposit classification. This protection maintains the stability of the Canadian financial system as well as ensures that Canadians can continue to access their funds as needed.

To promote sound monetary practices and also effective economic frameworks, the CDIC likewise keeps an eye on and analyzes the dangers of dealing with Canada’s monetary system while teaming up with other organizations.

Silicon Valley Bank failure: 5 ways Canadians can prepare for bank failure

Financial institution failures are a significant matter, and it is necessary to take proper measures to safeguard your funds. Although such occurrences are unusual in Canada, it is a good idea to be planned for unforeseen situations. To this end, Canadians can adopt the complying with actions:

Track your accounts: Regularly tracking your account balances and investments can assist you to identify any type of unauthorized activity or errors at an onset.
Distribute your funds: Instead of retaining all your funds in a single savings account, you might consider distributing your financial savings across separate categories of accounts or type per institution up to the CDIC-insured amount. By making sure that all of your bank deposits are eligible deposits, you will eliminate the danger of losing your money in the event of the failure of a bank.
Understand your coverage: The CDIC gives deposit insurance coverage of up to $100,000 per insured group per bank. Make certain you know the coverage limitations and which of your accounts are placed in insured categories.
Diversification: It is recommended that you expand your investment portfolio by taking into consideration all investment types like stocks, bonds, or real estate if you have significant savings. Staying informed as well on news and advancements in the financial sector is crucial. You need to know any signs of difficulty at your bank to make sure that you can take timely action.
Preparing a backup plan: In case of a bank fails, you must have sufficient cash money to cover your immediate needs as well as different resources of debt or funding. These steps can help you remain tranquil as well as focused in a dilemma.

Although the possibility of a financial institution failing in Canada is low, the government has steps in place to safeguard depositors. Taking these preventative measures can aid you to feel extra safe and prepared for any unforeseen event.

Silicon Valley Bank failure: Conclusion

To conclude, the Silicon Valley Bank failure has sent out shockwaves in the tech sector, the global banking system and the financial markets. There will no doubt be a detailed post-mortem analysis of what went wrong. No doubt the bank’s risk management practices which shaped its lending practices and exposure to the tech industry played a significant part in its downfall. With fewer alternatives offered for funding as well as advisory services, start-ups and investors will need to find new alternatives in the marketplace to be successful in the post-Silicon Valley Bank world.

The Canadian banking system and our domestic banks are considered to be one of the most stable, safe and secure on the planet. While there are possible dangers, such as high levels of household debt and a real estate market correction, the Canadian federal government and regulatory bodies have ongoing programs to prevent major bank failures and to safeguard depositors should a federally chartered bank fail. Furthermore, the CDIC supplies deposit insurance as described above, which shields depositors in the event of a financial institution failure. Generally, Canadians can feel confident in the strength and security of their financial system.

I hope you enjoyed this Silicon Valley Bank failure Brandon’s Blog. Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind. Coming out of the pandemic, we are also now worried about the economic effects of inflation and a potential recession.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

Original article: SILICON VALLEY BANK: COULD A CANADIAN BANK EXPERIENCE A GIGANTIC CATASTROPHIC FAILURE?

Via https://www.irasmithinc.com/blog/silicon-valley-bank/

source https://irasmithinc.weebly.com/blog/silicon-valley-bank-could-a-canadian-bank-experience-a-gigantic-catastrophic-failure

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Family law: Background of the case

Family law: The lower court decision

Family law: The OCA ruling

Family law: Implications of the ruling

Family law conclusion

Mortgage issues: Introduction

The impact of rising interest rates on mortgage and other debt payments

Understanding Household Debt in Canada

Canadians expect signs of trouble in the Canadian economy

Principal reasons for mortgage issues in Canada

Consequences of mortgage issues in Canada

Coping with household debt and mortgage Issues: What Can Homeowners Do?

Mortgage issues: Conclusion

Jenny Craig introduction

Brief background on Jenny Craig as a weight loss company and its founding principles

What led to Jenny Craig’s current financial problems?

Competition to Jenny Craig from other weight loss programs and trends

Alternatives to the Jenny Craig weight loss program

Online Weight Loss Programs

Local Weight Loss Programs

DIY Weight Loss

Internal and external factors that caused Jenny Craig to fail

Lessons learned from the Jenny Craig experience

Jenny Craig summary

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Explanation of maxed-out credit: Know how to increase credit score

Importance of improving credit score: Know how to increase credit score

Description of what a credit score is, how it is determined and then how to increase credit score

Importance of knowing your credit score and how to increase credit score

Knowing how to obtain your free credit report is the 1st step in how to increase credit score

Common credit score issues that create lower credit scores: How to increase credit score

“Hard hits” versus “soft hits”: Know how to increase credit score

What are hard inquiries on your credit report?

What are soft inquiries on your credit report?

13 tips on how to address these issues and how to increase credit score in Canada

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Creating a budget plan

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Explore debt consolidation

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Monitor Your Credit Report

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Developing a Strong Credit Profile

Explore professional credit counselling

Speak to a licensed insolvency trustee

Watch the video at the top of this Brandon’s Blog

Conclusion: How to increase credit score

Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA): Introduction

Overview of BIA Section 215

BIA: The Motion Judge’s Decision

The BIA case background

Did the undischarged bankrupt have the right to launch the Action under the BIA?

The Court of Appeal for Ontario’s analysis

The Court of Appeal for Ontario’s decision

BIA: Conclusion

Interest rates: Introduction

Interest rates: Background information on predatory loans

Explanation of the Federal Government’s decision to cut interest rates on predatory loans

Interest rates: Common characteristics of predatory loans

The Federal Government’s decision to cut interest rates on predatory loans

Interest rates: Criticism of the government plan

Benefits of cutting interest rates on predatory loans

Interest rates: Criticisms of the decision

Benefits of cutting interest rates on predatory loans

Interest rates: Conclusion

Construction Act, R.S.O. 1990, c. C.30: Introduction

What is the Ontario Construction Act?

What is a construction lien under the Construction Act?

Definition and criteria for awarding licensed insolency trustee fees in a Canadian bankruptcy

Different types of licensed insolvency trustee fees in a Canadian bankruptcy

Importance of paying attention to bankruptcy trustee fees

Golfside Ventures Ltd (Re), 2023 ABKB 86 (CanLII): Recent legal decision How priority was assigned between Construction Act lien and Bankruptcy Trustee Fees

Background of the case

Court’s ruling and reasoning

Construction Act: Impact of the decision on businesses, contractors and owners

Construction Act: Conclusion

What is a Canadian tax refund?