What are Bankruptcy Options and Their Uses - GVCPS

Do I Have Bankruptcy Options? Yes, There Are Alternatives

Personal Bankruptcy Options Vancouver – Facts & Alternatives | BC

No one wants to file for bankruptcy. It’s important to look at all other bankruptcy options and obtain all of the facts before taking such a drastic step.

Personal Bankruptcy Options in Vancouver, BC – Bankruptcy might be the first thing you think of when you realize that you can’t keep up with your mortgage payments, other debts and bills. You may think that bankruptcy might be the right debt solution for you., however, before declaring bankruptcy, you need to know what your options are, how the process works and how it will affect you and your family in the years to come. You should never take a step as serious as filing for bankruptcy without an accurate understanding of your bankruptcy options first.

Types of Debts – What Bankruptcy Won’t Do For You

Bankruptcy can get rid of some of your debts, however, did you know that there are some debts that you might still have to repay because they can’t be included in your bankruptcy?

3 common kinds of debt that are excluded from bankruptcy are:

  • Secured debts, like a mortgage or car loan
  • Child and alimony support payments that aren’t up to date
  • Student loans, if they are less than 7 years old

Also, if you recently racked up credit card bills and now want to go bankrupt, creditors may stop you or ask that you pay more, before they let you get rid of your debt through bankruptcy.

Contrary to popular belief, when you file for bankruptcy, you will not ‘lose everything.’ Each province and territory has its own exemptions to the bankruptcy law that outline which of your assets, and how much equity, you are allowed to retain.

Can I keep my property?

There are exemptions that allow you to keep some of the equity in your property when you file for bankruptcy. Generally speaking, however, if you’ve already paid off a large portion of your mortgage (ie. you have built up equity in your home), filing for bankruptcy might not be the best solution for you—the law requires you to use that equity to pay off some of the money you owe to your creditors.

To keep your property after filing a bankruptcy, you would need to pay a Licensed Insolvency Trustee (LIT) the amount of property equity you have—minus any provincial exemptions. Property equity is calculated by subtracting the remaining amount of your mortgage, along with any outstanding taxes you owe, from what your property is currently worth on the market.

For example: If the current market value of your property is: $500,000

LESS:

Your remaining mortgage amount $440 000
Your property tax arrears $4,800
Your total liens $444,800
Your estimated property equity $55,200

Depending on which province you live in, you would have to pay up to $55,200 during the bankruptcy process in order to keep your property. This is one of the reasons why bankruptcy is only considered after all other bankruptcy options have been explored. If you can afford to repay a portion of your debt, but not the full amount of equity in your property, you may wish to consider another bankruptcy option. Our Company, GVCPS, is a well established Real Estate Investment Company that can provide you with bankruptcy options. We specialize in protecting your equity along with protecting your credit in these types of situations. contact us today for free consultation 604-812-3718 or info@gvcps.ca.

In British Columbia, property owners’ exemptions are higher if you live in Vancouver or Victoria. In this case, $12,000 of the equity in your property is protected in Greater Vancouver and Victoria. In all other areas of the province, $9,000 in property equity is exempt from bankruptcy.

Bankruptcy Options – There are Good Alternatives to Bankruptcy

A lot of people don’t realize it, but regardless of how bad your situation may seem to be, there are often ways to avoid bankruptcy. There are consumer proposals, debt management programs, and other bankruptcy options. It is important to go over your financial situation and take an objective look at all your bankruptcy options. Between financial difficulty and bankruptcy are many options, and we specialize in helping you explore those options to figure out what will work best for you to protect all of your equity in your property and protect your credit moving forward. If you would like to explore your bankruptcy options and see what alternatives are available to you, contact us today 604-812-3718 or info@gvcps.ca. We provide free and confidential consultation.

Property and Mortgage – If you are not paying your monthly mortgage payments, your mortgage lender can still foreclose regardless of whether you are bankrupt or are planning on filing for bankruptcy. Bankruptcy does not stop the foreclosure process because a mortgage is a secured debt. If you are experiencing difficulty paying your mortgage payments each month and want to avoid foreclosure, protect your equity in the property and protect your credit, contact us today. We provide you with immediate monthly cash flow management solutions to unmanageable or unwanted mortgage payments along with protecting any equity you may have in the property and protecting your credit.

References:
BDO Canada Limited
Credit Counseling Society of BC
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