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Key Considerations When Choosing Debt Handling
Services
Up until recently, individuals who have
found themselves in debt have turned to Debt Consolidation, Credit
Counselling, and/or Bankruptcy. There is now a new service called
Debt Arbitration that assists those in debt to actually have
a portion of their debt forgiven. Therefore, if you owe $10,000
on your MasterCard and your family member will lend you $3000.00
(or you have another source of funds i.e. RRSP's), you can have
$7000.00 forgiven. The following graph illustrates some very key
points of each industry. Debt Consolidation is not included as it
is the least effective way of eliminating debt, unless it is following
a successful settlement of all your debts.
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When will my debt be erased from the
credit bureau? |
3 years from date settled (min. of 6
years). Automatic R7. |
Bankruptcy: 6 years after the discharge.
Proposal: 3 years after the Proposal is satisfied (min.
of 6 years). |
6 years (remains at rating settled at
i.e. R3, R4, R9) Usually, the least negative of all other
services. |
What about costs? |
Credit counsellors hold back a portion
of the payments you make for their fees. |
Fees in almost all bankruptcies and
in consumer proposals are set and regulated by the government.
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Percentage of the amount the debt is
reduced by, and only on successful settlements (for most
companies) |
Which is cheaper? |
Generally adds to the debt and prolongs
it over time. |
A bankruptcy or a proposal is usually
cheaper in up front cost, but can cause the loss of assets
or garnished income. |
Never adds to the debt! |
Can income tax debt and other CRA debt
be included and eventually written off? |
No |
Yes. Almost all debts can be written off. Trust funds
such as source deductions and unremitted GST cannot.
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Most companies deal with unsecured debt
only, but can refer you to someone who settles CRA debt.
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Once I agree to a debt repayment plan
with a credit counselor, Debt Arbitrator or file for bankruptcy
or a proposal, will my creditors, including CRA, be forced
to stop all actions against me including trying to collect
money; phoning me; garnisheeing my wages or repossessing
my assets? |
No. |
Yes. By law, all actions must cease
and garnishees are stopped or prevented once a proposal
or bankruptcy is filed. Collection calls will stop once
the collector knows you have filed a bankruptcy or a proposal.
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Yes, all unsecured creditors that have
settled must cease any further action.
Most collection calls cease once an Arbitrator's services
are retained due to legislation. |
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| Which will give me a better credit
rating? |
The creditors will be reported as a '7' on the Credit
Bureau, and this rating stays on your history for 3 years
after you've concluded the program. |
In most circumstances a bankruptcy or
proposal will deal with your debt quickly thus allowing
you to start to rebuild your credit sooner. |
You will have a low debt to income ratio.
Generally, more monthly cash flow. Your credit report will
show as "settled in full" or "settled balance zero." Allow
you to start rebuilding your credit sooner. |
Can I pay back less then I owe and have
the rest of the debt erased? |
Only in rare circumstances. |
Yes. |
Yes (Debt Arbitrators can offer less
to your creditors because they are privately owned). The
Arbitrator represents you, not your creditors or the government.
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What training and education do credit
counsellors, arbitrators and trustees in bankruptcy have?
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There are no set standards. |
Almost all trustees have both an accounting
designation and a university degree. In addition, all must
complete and pass a rigorous three-year bankruptcy and law
course and be investigated by the RCMP before being granted
a trustee licence. Ongoing professional development is mandatory.
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There are no set standards, but most
companies will have professional training (i.e. International
Association of Professional Arbitrators)
Ongoing professional development in required with most
companies. |
| Are they regulated? |
No |
Yes, by the Federal Government. The
government performs regular audits on each trustee office.
Also stringent codes of ethics are in place by the Bankruptcy
and Insolvency Act, the CAIRP and the accounting
bodies. |
No, but most companies are guided by
a strong code of ethics. It is important to research the
company that you would like to work for you. |
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What kinds of debt repayment plans are
offered? |
Payment plans, where monthly payments
are made which are distributed to the creditors. |
Bankruptcy and two kinds of Proposal.
(one of which can automatically bankrupt you if rejected
by your creditors) |
A single lump sum payment to each creditor (in a few
cases, the lump sum payment may be split into two or three
parts). |
| Is Government approved Credit Counselling
offered? |
In some cases. |
Yes. Government tested and approved counsellors provide
credit counselling in all bankruptcies and consumer proposals.
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No. Arbitrators will provide referrals
for any additional support. |
What if I have a dispute? |
There is no dispute mechanism in place.
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You have the right to have your dispute mediated. |
It depends on the company. Most will
provide a mediation process. |
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