Bankruptcy Articles - Krieger & Company

Surplus Income Limits For 2021

Michael Krieger — Tue, 23 Mar 2021 15:35:21 +0000

The Superintendent of Bankruptcy has just amended the 2021 surplus income directive 11R2-2021. The directive sets the calculations and surplus income limits for 2021, determining what a bankrupt must pay in surplus income.

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What’s the difference between a bankruptcy lawyer and a trustee?

Michael Krieger — Thu, 19 Sep 2019 16:14:25 +0000

In Canada, consumer proposals, bankruptcies, receiverships, and division I proposals, are filed only by licensed insolvency trustees. In fact, a bankruptcy cannot be filed through a bankruptcy lawyer and lawyers who are practicing are not even able to become trustees. Unlike the United States, where a bankruptcy attorneys file bankruptcies, that is not the role of an insolvency lawyer in Canada. What role does a licensed insolvency trustee play? Bankruptcy trustees are licensed, extensively trained, and overseen by the federal government to administer debt solutions for Canadians. They understand the insolvency process and work with all stakeholders involved including you (the debtor) and your creditors. They are experts in administering the Bankruptcy and Insolvency Act and other legislation relating to your unique financial circumstances. A licensed insolvency trustee reviews your financial situation in detail and provide you with all available options and ensures that you understand everything about the process. Licensed insolvency trustees then help you with all of the required documentation, administer the bankruptcy or consumer proposal process, and take care of your creditors going forward. What role do bankruptcy lawyers play in Canada and when do I need a bankruptcy lawyer? Bankruptcy lawyers cannot file a bankruptcy for you in Canada. Bankruptcy lawyers get involved in the rare situation when something is unusual in your bankruptcy or proposal or a conflict occurs between you and the Trustee or creditors. A few examples of situations where an insolvency lawyer could be involved in the insolvency process: revival of a failed consumer proposal which the Trustee is unable to use its powers to revive the Trustee discovers a transfer of property or property not disclosed to the Trustee a creditor opposes your discharge from bankruptcy and the outcome of a negotiation is unclear the individual is deceased and an application to Court is required for approval to file a bankruptcy or proposal unusually complicated situations with complex assets A Trustee will identify areas of concern early on, such as disputes or complex legal or corporate issues, and make a referral to a qualified bankruptcy lawyer in Canada should your situation warrant one. In such a case, we will explain why the bankruptcy lawyer is warranted. How often is a bankruptcy lawyer needed? Almost all personal insolvencies are handled only by a licensed insolvency trustee without any involvement of a bankruptcy lawyer. There is usually little question over whether you own your vehicle or an investment, nor an argument over who you owe money to. Historically, a bankruptcy lawyer has been needed by the bankrupt in […]

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Surplus Income Limits Directive For 2019

Michael Krieger — Mon, 18 Mar 2019 20:45:56 +0000

The Office of the Superintendent of Bankruptcy has just issued their 2019 surplus income directive, setting the surplus income limits for 2018. The full text can be found at OSB Directive 11R2-2019 which includes the new 2019 surplus income limits. The surplus income directive comes into force on March 18, 2019 and applies its surplus income limits to all calculations of surplus income made by a Trustee or the Court after that date. What is the surplus income directive for 2019? The surplus income directive for 2019 defines the amount that a bankrupt must pay from their future income during their bankruptcy. The calculation is influenced by the bankrupt’s income, the number of people in the bankrupt’s household, as well as the size of the bankrupt’s family. A bankrupt earning more than the standard set by the 2019 surplus income directive will have to make additional payments to the Trustee. Moreover, bankrupts who are required to pay surplus income will be eligible to be discharged from bankruptcy 12 months later than those who don’t have to pay surplus income. A first-time bankrupt with surplus income would be eligible to be discharged after 21 months and a second-time (or later) bankrupt would be eligible after 36 months (instead of 9 and 24 months). New standards determine the surplus income payment a bankrupt in 2019 must make The biggest change in the 2019 surplus income directive is that the the household income standards (surplus income limits) used to calculate surplus income have been updated. The surplus income calculation is standard across all licensed insolvency trustees and the Court. The directive determines what monthly payments a bankrupt must make from their income each month until they would be eligible for an automatic discharge. Each year, the OSB updates their standards to reflect changes in the cost of living across the country, particularly inflation. The surplus income limits for 2019 are: Number of Persons Standard (2019/2020) 1 $2,203 2 $2,743 3 $3,372 4 $4094 5 $4,644 6 $5,237 7+ $5,831 Superintendent’s surplus income limits, 2019 How do you calculate surplus income? We have updated our surplus income examples which outlines how to calculate surplus income. Surplus income is just one component used to estimate the cost of bankruptcy. If you have any questions about calculating surplus income and how it may impact your bankruptcy, give us a call at 1 (844) 508-8088 or contact us.

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Surplus Income Limits Directive For 2018

Michael Krieger — Wed, 28 Mar 2018 15:15:51 +0000

The Office of the Superintendent of Bankruptcy has just issued their 2018 surplus income directive, setting the surplus income limits for 2018. The full text can be found at OSB Directive 11R2-2018 which includes the new 2018 surplus income limits. The surplus income directive comes into force on March 19, 2018 and applies its surplus income limits to all calculations of surplus income made by a Trustee or the Court after that date. What is the surplus income directive for 2018? The surplus income directive for 2018 defines the amount that a bankrupt must pay from their future income during their bankruptcy. The calculation is influenced by the bankrupt’s income, the number of people in the bankrupt’s household, as well as the size of the bankrupt’s family. A bankrupt earning more than the standard set by the 2018 surplus income directive will have to make additional payments to the Trustee. Moreover, bankrupts who are required to pay surplus income will be eligible to be discharged from bankruptcy 12 months later than those who don’t have to pay surplus income. A first-time bankrupt with surplus income would be eligible to be discharged after 21 months and a second-time (or later) bankrupt would be eligible after 36 months (instead of 9 and 24 months). New standards determine the surplus income payment a bankrupt in 2018 must make The biggest change in the 2018 surplus income directive is that the the household income standards (surplus income limits) used to calculate surplus income have been updated. The surplus income calculation is standard across all licensed insolvency trustees and the Court. The directive determines what monthly payments a bankrupt must make from their income each month until they would be eligible for an automatic discharge. Each year, the OSB updates their standards to reflect changes in the cost of living across the country, particularly inflation. The surplus income limits for 2018 are: Number of PersonsStandard (2018/2019) 1$2,152 2$2,679 3$3,293 4$3,998 5$4,535 6$5,114 7+$5,694 Superintendent’s surplus income limits, 2018 How do you calculate surplus income? We have updated our surplus income examples which outlines how to calculate surplus income. Surplus income is just one component used to estimate the cost of bankruptcy. If you have any questions about calculating surplus income and how it may impact your bankruptcy, give us a call at 1 (844) 508-8088 or contact us.

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