Death and Debts Ontario

Death and Debts Ontario

What would happen when your partner dies with outstanding debt? Will you have to settle those outstanding debts? This is one of the most common situations that people in Ontario come across. In such a situation, you should have a solid understanding about death and debts Ontario. Then you will be able to work accordingly and make sure that you don’t run into any frustrating situations in the future.

As the first thing, you need to understand that you cannot be liable for the debt of another person after debt. However, you need to make sure that you are not a joint debtor. If you are a joint debtor, you have the legal obligation to settle your debt. In case if the other person dies, you will have to settle the entire debt amount on your own. A similar situation would take place if you are the guarantor.

When it comes to mortgage loans in Ontario, the conditions are quite different. That’s because both partners are there in the mortgage agreement. When your spouse dies, you will have to go ahead and settle the outstanding mortgage debt on your own, as per the terms and conditions that are clearly defined in the mortgage agreement. However, there are insurance plans available to provide you with relief. Therefore, you shouldn’t worry too much about dealing with the massive burden that comes to you. You will be provided with an excellent assistance by the insurance plan that is available.

At the time of dealing with debt after the borrower has filed, the lender will have to go through the estate and then receive the payment for outstanding loans. In case there are any outstanding assets owned by the person who died, the executor or the trustee of the estate will be provided with the responsibility to make sure that all the outstanding bills and loans are paid. This is something that you should be mindful about.

In general, all the creditors will come across the need to receive information about the death of a borrower. That’s where you will need to go ahead and provide a copy of the death certificate to the creditors. Then they will be able to get informed about it and take appropriate measures to deal with the situation. Along with that, you should also make sure that all the outstanding accounts are closed. The death certificate will be able to help you with that.

Before distributing the assets of the person who has died, all the debts have to be taken care of. Then the assets can be distributed among the heirs. In case if there are less funds to settle off the debts of the person who was deceased, the remaining debt is not collectible. Therefore, you will not be forced to go ahead and pay for the debt that is accumulated. In the meantime, it is also important to understand how much of debt that you are responsible to pay as well. In case of you have credit or debt issues visit www.gtacredit.com or call 416 650 1100

Different Types of Bankruptcy in Canada

Different Types of Bankruptcy in Canada

Dealing with bankruptcy can be painful. However, you will come across situations where filing for bankruptcy would seem like the only solution available. At the time of filing for bankruptcy, you should also have a basic understanding of the different types of bankruptcy that you will have to deal within Canada.

Bankruptcy in Canada can be divided into three different categories. Let’s deep dive and take a look at those three different types of bankruptcy.

  • Personal bankruptcy

Personal bankruptcy can be considered as the most common type of bankruptcy that you can find in Canada. The exact reason that leads you towards personal bankruptcy vary. The most common reasons behind personal bankruptcy include loss of income, not being able to reduce the debt payments, relying on credit for day to day expenses, and having maxed out the borrowing potential. It is extremely common among individuals.

While dealing with personal bankruptcy, you have several types of discharge. Out of them, absolute can be considered as the best outcome that you can end up with. That’s because you will be able to get yourself released from all types of legal obligations so that you can repay your debt. However, you will not be able to get rid of some of the mandatory obligations, such as fines, child support, and alimony. Or else, you can go ahead with conditional discharge type, where you will have to complete certain conditions to get out of debt.

  • Small business bankruptcy

Small business bankruptcy is the second type of bankruptcy that you can find in Canada. It is quite similar to personal bankruptcy. If you are running a business under sole proprietorship, this is the type of bankruptcy that you will have to deal with.

However, you will only be able to go ahead with small business bankruptcy if your company is not incorporated. In case if the business is incorporated, the process will become a challenging one. In such a situation, the conditions can be different. In fact, you will come across the need to locate a trustee to go ahead and file business bankruptcy.

You will be provided with the four discharge types associated with personal bankruptcy at the time of filing for small business bankruptcy as well.

  • Corporate bankruptcy

Corporate bankruptcy is the last type of bankruptcy that you have to deal with Canada. In here, you will need to seek the assistance of a trustee, who specialize in filing corporate bankruptcy-related cases. That’s because corporations are large scale legal entities. They are independent as well. Hence, the business owners are provided with protection from liability. The assets of the business will be fortified, but the personal assets of the business owners will not be. However, there can be exceptions to this as well. Therefore, it is important to work along with a bankruptcy lawyer and then proceed with corporate bankruptcy cases to avoid frustration and end up with the best results.  In case you have the credit or debt issues visit www.gtacredit.com or call 416 650 1100

Someone filed a claim against me but I filed for Bankruptcy in Canada

Someone filed a claim against me but I filed for Bankruptcy in Canada

Filing for bankruptcy is one of the most difficult situations in your life. However, you will feel about it of relief upon filing for bankruptcy. That’s because you know that you will be able to receive relief against the outstanding debt you owe. In the meantime, you might have to experience many other challenges. For example, someone else might go ahead and file a claim against you. In such a situation, you will wonder what you can do to get out of the situation.

Once you file for bankruptcy, stay of proceeding will come to effect. Along with that, legal notices will be sent to all the companies and individuals that have a legal action against you. This will provide you with coverage against the unsecured debts that you have. In the meantime, stay of proceedings is in a position to keep another person from filing any claim against you as well. Therefore, you will need to go ahead and let your trustee not to leave out anything.

Even under such instances, you might receive a notice about legal action from the unsecured creditors. This can take place after bankruptcy. In such a situation, you will need to go ahead and contact the trustee. Then you will have to inform the trustee to take legal actions against them. This is a protection that you can receive from law.

It is also important to keep in mind that Stay of Proceeding is sent to the court as well. Therefore, you will be able to receive assistance with handling the legal issues as well. For example, if you are dealing with a case that is linked to wage garnishment, the stay of proceedings would provide ability for the courts to go ahead and stop it. Therefore, stay of proceedings has the ability to deliver an excellent overall protection to you with dealing with the unsecured debts that you have. Therefore, you will be able to manage the proceedings of bankruptcy with minimum hassle.

Along with this, you are also encouraged to take a look at defaulting on the consumer proposal. In case if you fail to meet the terms and conditions that are implemented within the consumer proposal, it would go into default. Therefore, your stay of proceedings would be lifted as well. Along with that, creditors will be able to regain their complete collection rights, along with the court action.

There is a possibility that stay of proceedings to be lifted by the courts as well. A creditor will have to go ahead and apply for this. In fact, they have all the rights to ask from the courts whether it is okay to go ahead and take specific legal action against you. Therefore, it is better if you can work out closely with a bankruptcy lawyer and discuss the matters. Then you can come up with the best solution available to handle the situation. In case of you have credit or debt issues visit www.gtacredit.com or call 416 650 1100