The most certain thing about any business is the fact that it can never have a linear profile.
There may be a time where your business suffering from repeated downward growth can create problems with your cash flow such that there may be a point where running the business might become really difficult and until you get some more financing and fresh input of liquid money into it to keep it running. A situation in which a business, individual or government offers money to a failing business in order to prevent the consequences that arise from a business's downfall.
A situation in which a government pays or lends money to save a company or industry from failing. Many people in their life reach a point where they have accumulated such amount of debt which is just almost impossible to pay back. Call the licensed debt professionals who have been assisting Ontarians for more than three decades! All of these services are offered through our exclusive R Plan, which is a three-step process that begins with debt relief and ends with strategies designed to help you rebuild your financial life and credit rating. Perhaps you've seen some of those TV or newspaper ads with unlicensed Credit Counselors or debt settlement firms? Trustees in Bankruptcy (unlike Credit Counselors) must be fully licensed by the Government of Canada and abide by a strict code of conduct before they can provide you with protection from your creditors. In other words: Anyone can be a Debt Counselor, with no prior training, code of ethics or licensing required. You can resolve your income tax debt problems, small business issues and crushing payday loan debts — all with one simple monthly payment.
It's as simple as dialing 310-1100 toll-free from any area code to speak with one of our consultants. Or… Let us call you at a convenient time by clicking here and requesting an on-line call-back!
We will set up a free, confidential consultation for you at one of our 53 offices across Canada — there is one near you! A Consumer Proposal is appropriate for someone who cannot repay their debts in full but who has the means to repay a portion of the debt owing.
Secured debts, such as mortgages owing on your home and leased or financed vehicles (to cite a few examples) are not part of your Consumer Proposal and must be dealt with directly with the secured creditor.
You negotiate to repay only a percentage of what you owe – the rest of the debt gets forgiven at the end of the Proposal (i.e.
Interest is frozen from the date that you file A Consumer Proposal can be 1-5 years in length. If you are considering the sponsorship of a family member through the Canadian immigration process, a Bankruptcy filing could stall that process. Potential for less of an impact on your credit rating long-term than a Bankruptcy (3 years versus 7 years). Recent legislative enhancements to the BIA (including an increase in the threshold for the eligibility of filing a Proposal, which rose from $75,000 to $250,000 of unsecured debts), have resulted in more Canadians than ever making the decision to choose a Proposal over a Bankruptcy. Once you fulfill the repayment terms of the proposal and attend two financial counseling sessions, you will receive a compliance certificate. Many people are surprised to discover that Trustees are able to offer two different types of proposals through the Bankruptcy Insolvency Act. A consumer proposal is available to individual debtors whose total debts do not exceed $250,000 (excluding the mortgage on their principal residence).
If we compare either type of Proposal to a Bankruptcy, one of the major advantages of a Proposal is that you retain all of your assets. Available to individuals, receivers, a liquidator of an insolvent person’s property, a bankrupt, or a trustee of the estate of a deceased bankrupt. Once filed, unsecured creditors have 45 days to vote for or against the proposal or put forward a counter-offer. A mandatory Meeting of Creditors is set up by the Trustee at the time the Proposal is filed.
The Trustee will present the creditors with an estimate of what they would realize in a bankruptcy compared with the amount they would receive in the proposal.
If the Proposal is rejected, the debtor may opt to file a Bankruptcy or attempt to settle with the creditors directly in an informal manner. If the Proposal is rejected at the Meeting of Creditors, the debtor is automatically bankrupt. If three payments are missed then the Consumer Proposal is considered “annulled” , the protection is immediately lifted and the creditors have the legal right to pursue the amounts owing to them.
In a Division 1 Proposal, if in default the protection is lifted and creditors have the legal right to pursue amounts owing to them. Paying down Proposal earlier is the ideal solution – no penalties, no interest, and once completed the debtor’s credit rating can begin to improve.
When filing a Consumer Proposal, you need to be aware that there are several different types of debt. We have discussed the basic elements of a Consumer Proposal under “Consumer Proposal Overview and Benefits”. Step 1: Contact our office toll-free by calling 310-1100 (or by clicking here to book a free, confidential consultation online at an office near you).
Monthly Proposal Payment:Each month you will pay the Trustee an agreed-upon fee that is “locked in” once the Proposal is accepted by your creditors. Contact Information:If you move, change jobs or get a new cell or home phone number, you are required to update your records with our staff. Attend a Meeting of Creditors at the Trustee’s offices (if one is called):Most Consumer Proposals get the court approval stage without a Meeting of Creditors being required.
If all of the above duties are completed successfully, it’s very likely your Proposal will be, too. Bankruptcy is a legal process that can provide tangible debt relief to anyone unable to meet their financial obligations. If you are one of the “honest but unfortunate debtors” (in the language of the federal Bankruptcy Insolvency Act, or BIA) that require protection from your creditors, you can work with our firm to get relief from your money pressures.
You may be experiencing a situation where your creditors have already sent you demand letters requesting full payment of the debt, threatened to freeze your bank account or business account, or garnish your wages. If any of these scenarios sounds like your life right now, you need to get some help with your debt burden. Step 3: The Trustee will deal with your assets by ensuring that all personal exemptions you are entitled to are assigned. Step 5: You attend a meeting of creditors, if one is called (a process that is exceedingly rare in most bankruptcy estates these days). Step 10: A letter of discharge is mailed out to you within approximately 30 days of your discharge – you need to mail or fax this discharge certificate to the two major credit bureaus and begin the process of rebuilding your credit. Our goal, as your Trustee, is to get you the protection you are legally-entitled to, and to deal with your creditors with respect to money owed to them.
One of the major principles of Ontario bankruptcy law is that a person, dealing with overwhelming debt issues, deserves the opportunity of a fresh financial start. John is overwhelmed by his rising debt load and needs to file for protection from his creditors. By now the picture should be clear: If you share a debt, you share the responsibility for that debt.
In the aftermath of a BrokerCheck study that concluded 1 in 13 advisors have tainted histories, Senator Elizabeth Warren (D-Mass.) is asking the Financial Industry Regulatory Authority to disclose plans for curtailing broker misconduct.
In the most recent Eaton Vance Advisor Top-Of-Mind Index study, more than half of advisors surveyed said their concerns over market volatility have increased in the past 12 months. Brilliance isn’t essential for successful financial professionals and, if anything, can be a characteristic that makes employees hard to manage, says David Rubenstein, founder of private equity advisor The Carlyle Group.
Advisory firms often focus on training their sales reps and ensuring that advertising and web campaigns target appropriate customers.
Changes to forms 1099-R and 5498 that require IRA custodians to disclose hard-to-value assets in IRAs could lead to the Internal Revenue Service increasing its enforcement of required minimum distributions. Present bias, or spending money now rather than saving, and failing to appreciate the power of compounded earnings has cost retirement savers $1.7 trillion. A lawsuit alleging that Edison International improperly favored high-fee funds for its 401(k) plan has been rejected by 9th U.S. The Security and Exchange Commission’s Investor Advisory Committee wants the regulator to mandate that standard fees be disclosed--in actual dollar amounts--on customer account statements. Morgan Stanley is building a help desk with more than 10 staffers who will answers questions from financial advisors about complying with the new retirement fiduciary rule. Even though markets have been calm recently, the large equity selloff in the second half of 2015 and in the early portion of 2016 illustrates how quickly investor sentiment can sour.
Robo-advisor Betterment has raised another $100 million in venture capital and plans to use the funding to build out additional advice products. The registered investment advisor community is quickly growing as clients increasingly prefer working with advisors who comply with the fiduciary standard, says Bill Van Law, president of Raymond James’s Investment Advisors Division. Advisors with the Certified Financial Planner distinction tend to have higher levels of trust among clients and earn, on average, 20% more than other advisors, according to a study funded by the CFP Board of Standards and conducted by the Aite Group. The Securities and Exchange Commission has created the office of Risk and Strategy to focus on examining investment advisors and mutual funds. Many Americans nearing retirement age are pursuing careers with a charitable or civic service nature, which is creating opportunities for financial planners. The Securities and Exchange Commission’s decision to shift resources from broker exams to advisor exams has been driven by necessity, says Marc Wyatt, director of the examinations office.
Among black working-age households, 62% have no savings in retirement accounts, while only 37% of working-age white households lack such savings, according to a National Institute on Retirement study.


Individuals who are old enough to sneak past the recent termination deadline for using the file and suspend strategy that helps boost Social Security benefits are reportedly being told they are not allowed to use the strategy. A study of retirement assets during the 2000s has concluded that retirees in the top quintile of wealth have been spending substantially less than their savings allows for. Funding for the Securities and Exchange Commission and the Futures Trading Commission would be doubled by 2021 under the budget recently proposed by President Obama. President Obama’s proposed budget includes provisions that would increase the number of Americans covered by employer-sponsored retirement plans by expanding the use of multiple employer plans.
Bill McNabb, who is the chief of ETF giant The Vanguard Group is warning the industry that the large number of ETFs being launched could create problems for investors. The Department of Labor’s proposed fiduciary standard could create a big increase in orphan accounts, which are accounts that end up being managed by home offices rather than by broker-dealers registered reps, says Paul Sankovich, chief compliance officer at Wells Fargo Advisors Financial Network. The Financial Industry Regulatory Authority (FINRA) is investigating how robo advisors manage risk, says Dawn Calonge, surveillance director at the organization. Deena Friedman, who skippered the Fidelity Select Retail Fund to an 18.59% return in 2015, has been selected by Bloomberg as the stock picker of the year. Only one out of every five advisor recruits stays in the industry, but firms can take various steps to improve retention. The Securities and Exchange Commission has fined Everhart Financial Group nearly $240,000 and ordered the advisory firm to appoint a chief compliance officer after the regulator determined that the company was inappropriately recommending funds with 12b-1 fees for retirement plans. With weakening economic growth in China and other concerns driving market volatility, billionaire investor George Soros says capital markets currently remind him of conditions that existed during the economic crisis of 2008. For financial advisory firms, implementing customer relationship management technology can be a high stakes and dicey undertaking. Galen Marsh, who as a Morgan Stanley advisor downloaded client data to his home computer without permission, has been sentenced to three years of probation and ordered to pay $600,000 in restitution. Retirement plan fees are falling as 401(k) participants increasingly embrace low-cost products. The proposed Department of Labor fiduciary standard could cost the financial industry in excessive of $2.4 billion in lost transaction revenues, which is more than double most estimates, says Morningstar Analyst Stephen Ellis.
A small number of stocks including Amazon, General Electric, Alphabet, Microsoft, and Facebook drove market gains in 2015.
Having $30,000 in student debt can cut as much as $325,000 from 401(k) balances by the time an individual reaches retirement. Only 64% of advisors responding to a recent Russell Investments Financial Professionals Outlook survey have a positive outlook for capital markets over the next three years. Online market gurus have been forecasting rapid growth of web surfers connecting to cyberspace with smartphones and tablets and a decrease in the use of desktops and laptops. Smart Beta exchange traded funds captured $3 billion in assets in October and $53.7 billion during the first ten months of this year, according to London-based research firm ETFGI. Despite occasional articles about advisors stealing from clients, only 2% of individual advisors have reported criminal charges such as felony convictions or investment related misdemeanors, according to an analysis of industry data by Big Crunch. Morgan Stanley advisors who land clients that need cash management services next year can receive bonuses up to $50,000. Susan Elizabeth Walker, 51, of Plymouth, Minnesota, has been sentenced to more than seven years in the slammer after being found guilty of stealing $1.1 million from at least 24 clients. The Securities and Exchange Commission has issued a warning regarding outsourced compliance programs based on deficiencies that it has uncovered during examinations. Providing low-cost tax return preparation to generate financial planning prospects is just one of a variety of successful strategies. During the past year, daily equity market declines and gains exceeding 1% have been common, with investor sentiment quickly changing based on the prevailing outlook for the Federal Reserve’s monetary policy.
File and suspend, which allows one member of a couple to receive a spousal benefit from Social Security while both spouses’ benefits continue to accrue, would be terminated under the budget bill that was recently passed by the House of Representatives. Mounting levels of student debt and declining home ownership among younger people means that many recent college grads will have to work to age 75 before retiring. The Certified Financial Planner Board of Standards should be raising the requirements to become a certified financial planning. Periodically adjusting asset allocations based on expected returns of different asset classes can generate better returns than traditional target date funds, according to back testing completed by Grantham, May, van Otterloo. Boston-based startup firm Gradifi has launched the Student Loan Paydown Plan, which allows business to make payments toward their employees’ student debt.
Impact investors, or those investors seeking to invest in a socially responsible manner, don’t have to sacrifice returns to stay true to their calling, according to a new Wharton School study.
In the next five years, private wealth is estimated to grow from approximately $14 trillion to $22 trillion. Traditional advisors can compete with robo-advisors by being prepared to answer tough questions about fees, understanding what services clients value, expanding their referral networks, and clearly articulating the range of services they provide. Advisors should ensure that female clients can find financial planning documents, such as life insurance policies in the event that they outlive their husbands. Advisors need to address frequently overlooked aspects of their digital branding to ensure that their reputation and marketing are assets rather than liabilities.
The Department of Labor is moving forward with a rule change intended to help states start retirement plans without running afoul of regulations included in the Employee Retirement Income and Security Act. Financial services firms are awaiting a list of products that the Department of Labor may restrict from being used in IRAs as part of its fiduciary standard rule. Investors younger than 40 ramped up stock purchases on August 24 when the market tanked 1,000 points at the open, according to Robinhood, which is a stock trading app that is frequently used by Millennials. The Social Security Administration says it will provide retroactive spousal benefits to same-sex couples that were married in states that previously didn’t recognize such matrimonial unions, according to attorneys for plaintiffs. Many advisors may cringe when conversations suffer from akward silence, but such moments can lead to more productive conversations. Labor Secretary Thomas Perez says he will continue to push for a fiduciary standard for retirement plan advisors even though Republicans and moderate Democrats are concerned that the rule could harm low-income individuals.
Advisors need to understand the complex emotions that can accompany sudden wealth in order to best serve their clients.
While blissful couples pledge to stay married until death, the reality is that approximately 50% of marriages inthe U.S. Collecting Social Security early can help retirees assess how much they can spend because the payments are consistent. The annual household savings rate climbed to 5.5% last year, up nearly a full percentage point from 2013. Advisors can engage their clients and strengthen relationships by using appropriate teaching styles for each investor’s preferred method of learning.
May and June have been tough months for Bill Gross and his Janus Global Unconstrained Bond Fund with investors withdrawing $50 million from the portfolio during the period, according to Morningstar. The Securities and Exchange Commission recently awarded a whistleblower $3 million for information that helped the regulator crack a complex case of fraud. Advocates of the fiduciary requirement for retirement investment advisors have delivered a petition with 230,000 signatures to the Department of Labor to urge the regulator to support the proposed standard. Industry trade groups are proposing legislation that would require retirement planning advisors to serve in the best interest of clients rather than comply with the Department of Labor’s proposed fiduciary standard, says Steve Saxon, chairman of Groom Law Group. With the recent Supreme Court ruling shooting down state bans on same sex couples, financial planners should be ready to take a variety of estate planning actions with gay clients.
It is always doing good or going through periods of recession, it always travels in a sine wave pattern even the growth is like that.
Normally government bailout plans are meant for very large corporations or big players in industry.
Could be because of many reasons, lack of financial planning, bad spending habits or just unforeseen issues that you could not even think of when you took that loan to start your business or pay for something that you thought you would be able to payback and manage before it got out of you control. Credit Counselors and debt settlement firms (both working in Canada and from the United States) cannot provide you with any sort of legal protection from your creditors, and they require NO licensing to operate.
A Proposal is a legally-binding agreement (supported by the legislation found in the Federal Government’s Bankruptcy Insolvency Act) between you and your creditors where you agree to pay them a fixed amount of money over a specific time period in full settlement of your debts. For example, the number of Consumer Proposals filed increased by 6.4% in August, 2011 compared with the same month of the previous year (3,775 in 2011 versus 3,547 in 2010).
This releases you from any further payment obligations to your unsecured creditors for the remaining balance of your unsecured debts. Please call us today at 310-1100 toll-free from your area code so we can discuss your options with you, and help you arrange a free, no-obligation, confidential consultation at an office close to your home or work. The first of these is the commonly-known Consumer Proposal and the second is called a Division 1 Proposal. When someone files a consumer proposal, the Trustee at our firm will analyze the value of their assets, the size of their debt load and the amount of net household income coming in each month to arrive at an amount the Trustee feels the Creditors will accept.
Like a Consumer Proposal, this is a formal procedure overseen by the Trustee and the Bankruptcy and Insolvency Act. Like a Bankruptcy, in either Proposal all actions launched against you by unsecured creditors (such as wage garnishments or frozen bank accounts) will be stayed (stopped).
If approved by the majority of creditors the Proposal gains deemed court approval 15 days later. The first type of debt is known as unsecured debt (normally comprised of credit cards, unsecured lines of credit, bank account overdrafts, unsecured bank loans, payday loans and income taxes). Essential information, such as who is eligible to file a Proposal, and why such an offering to your creditors might be the best choice you make to clear up your debt problems, has been discussed. We will make arrangements for you to attend a meeting with one of our professionals, to discuss your financial situation and all of your options. By paying careful attention to a short list of “duties” (as outlined in the Federal Government’s legislation, known as the "Bankruptcy Insolvency Act") and completing them all successfully.


Once the Trustee has confirmed you have completed all of the required duties, he can sign off on your Certificate of Full Performance and your Proposal will be at an end. Rebuilding your credit using a variety of strategies, as outlined and discussed during the two counseling sessions you will have participated in during the course of your Proposal.
Farber & Partners toll-free at 310-1100, or click here to apply for your free consultation with a Trustee. The Bankruptcy Insolvency Act (BIA) provides bankruptcy protection to anyone residing in Canada who has a minimum amount of unsecured debt (usually $1,000 and higher). We are licensed by the Office of the Superintendent of Bankruptcy (OSB) to administer the bankruptcy process. We will make arrangements for you to attend a free, no-obligation consultation with one of our professionals to discuss your financial situation and your options. We will then file your bankruptcy with the Office of the Superintendent of Bankruptcy (this is now done electronically and goes directly to the government, so filing is quick and simple).
In most cases you will hold onto all of your assets, but the Trustee will review this information with you before you sign any paperwork. Each counseling session walks you through the budgeting, money management and financial rebuilding process.
In many cases, a first-time bankrupt is automatically granted a discharge nine months after filing for bankruptcy unless a creditor, the trustee or the OSB objects. But the majority of people suffering under the yoke of debt can receive relief from their creditors by following the duties laid out for them by their Trustee. When credit bureaus track what individuals owe, and their track record of repayment, this is done via each person’s unique social insurance number. Currently he is four months behind on all his payments and the creditors are getting hostile. In this second scenario, their credit cards and lines of credit are shared between them, something called joint debt.
By keeping as much of your debt separate in your relationship you can avoid financial problems later on if one of you flounders and cannot pay down your bills. Those include services on its 401(k) platform and additional features for use by financial advisors. Now, recent data suggests the use of such portable devices has exploded, which underscores the need for advisors to ensure that their websites are well equipped to handle smartphone and tablet traffic. Instead, it is making it easier to obtain the credentials, writes Rick Kahler, who is president of financial planning firm Kahler Financial Group. During that period, furthermore, women are expected to control two-thirds of private wealth. La Placa and a handful of other team members that collectively manage $3 billion in assets have left the San Francisco office of Deutsche Bank to start their own firm.
You may have a positive trend in growth but there are times of slow growth or even negative growth for every business. The way it works is that the financial planners calculate the impact if such a big industry goes out of business then thousands of people will lose their jobs and the implications of that will be huge on the economy. In most cases you will only end up paying back a percentage of what you owe and the balance of your debt will be discharged once you successfully complete the Proposal. And once accepted by the majority of your creditors, all of your unsecured creditors are bound by the terms of the agreement. After three years following the successful completion of your Proposal, your credit rating returns to R1 – a clean financial bill of health that will allow you to apply for new credit without worries.
This is normally a percentage of what you owe them, payable over a specific period of time (normally five years). This type of Proposal is available to businesses and individuals — there is no limit with respect to how much money is owed (other than the amount owing must be over $250,000).
And once your creditors have agreed to your settlement offer, the dollar value of the settlement cannot change – even if you increase your monthly income, win the Provincial lottery or inherit a large sum of money from a distant relative.
At the meeting of creditors, the Trustee will present the Creditors with a report on the statement of the insolvent person’s business and financial affairs. The second type of debt is secured debt (including any mortgages you hold on your principal residence, a vehicle loan or lease), or any other debt that is “backed” by an asset.
But be aware that this may be only one of several options available to you (see our Consumer Proposal page for another legislative option available to you). If you are behind on your minimum credit card payments each month, or borrowing from one type of credit to pay off a bit of another, those are major warning signs that you need some help to manage your debt. We understand the insolvency process - our firm has been assisting people with debt problems for more than 36 years. So, if one spouse misses a payment on one of their own debts, that failure to make the payment of an amount owing in a timely fashion will not impact the credit rating of the other spouse.
In this second scenario, because Sophie has joint debt with John, she would be responsible for paying that joint debt in full if he filed for protection from his creditors. Because Sophie used that supplemental credit, both of them will be considered jointly responsible for all debts accumulated under that credit card account.
If you throw into the mix the occasional premature death of a spouse, then it becomes clear that a substantial portion of advisors’ married clients are likely to become single. So if they think that by helping the business with some liquid cash can make it come out of the situation then may be its better for the government to support it as otherwise if they go out it will be even bigger burden then the bailout itself. Unlike a Credit Counselor, our Trustees are required by law to discuss ALL available options with you.
This is the major difference (and sizable advantage) when compared to informal debt settlements where a settlement is negotiated with each creditor individually. All payments are made through the Trustee, and the Trustee distributes those funds (as a dividend payment) to the various creditors. As with a Consumer Proposal, in a Division I proposal, you work with one of our Trustees to put together an offer to pay your creditors a percentage of what you owe them over a specific period of time. Whatever option you choose, you will be under the protective umbrella of the Federal Government’s Bankruptcy Act. From this point onwards, your debts are frozen, interest ceases and garnishments will be lifted.
Where things can get a bit complicated is when debts are jointly-held by the two spouses (i.e. Because of this situation, John has decided he needs to file a bankruptcy but his wife, Sophie, is very concerned that his filing will affect her credit rating and her financial affairs.
That’s good news for John and Sophie, because in this particular situation a bankruptcy will only affect John’s credit rating. And Sophie cannot remove herself from a supplemental card debt retroactively – the debt would become hers to deal with.
Because a Consumer Proposal in Canada can only be submitted to your creditors by a licensed Bankruptcy Trustee (such as our firm) a debt consolidation firm or credit counselor cannot file a consumer proposal for you. Compared with the Division I proposal (see below), a consumer proposal is a simplified process.
And just like the Consumer Proposal, all payments are made through the Trustee, and the trustee uses those funds to pay each of your creditors.
Both spouses need to manage their own debts and repayments in as efficient a manner as they can. In that scenario, each spouse will be responsible for 100% of the debt if the other spouse files for protection (either a bankruptcy or a consumer proposal). When one spouse experiences financial pressures (as John is), further action may be necessary (a creditor could get a court order authorizing a garnishment of John’s wages, for example). There is no interest mounting during the term of the Consumer Proposal and no additional costs levied for Trustee involvement. We will then file your Consumer Proposal with the Office of the Superintendent of Bankruptcy (this is now done electronically directly to the government, so filing is quick and simple). Types of joint debts include bank overdrafts, lines of credit, and supplementary credit cards. In order to stop a garnishment, or other action by a creditor, John may need to file for protection from his creditors.
The Trustee will handle all correspondence with your creditors from that point forwards, providing the relief you are legally entitled to.
A supplementary credit card is one which is linked to the account of the primary cardholder, even though the name on the card may be different. But John’s wife Sophie is not required to file for protection as she is not insolvent and has no past-due bills owing. So if the supplementary cardholder is the wife and she declares bankruptcy, the husband as the primary cardholder will be responsible for the amount owing on the wife’s card. The OSB can also direct your Trustee to call a meeting of creditors at any time within this 45-day period. Each counseling session walks you through the budgeting, money management, and financial rebuilding process. These are extremely helpful in teaching you how to financially reorganize your life (30-60 minutes in length each). In comparison to a bankruptcy filing, a consumer proposal is designed to be straightforward and simplified. Finishing your Proposal on time, or early, allows you to rebuild your credit and clear up your credit rating.



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