Financial difficulties can arise at any time. Bankruptcy is intended to give a person with debt or credit problems a fresh start. For most people, the decision to file a bankruptcy or a Consumer Proposal is a serious and confusing one. The essence of Segal and Partners Inc. is direct personal service by our partners. Financial dificulties require fast action. Whether in your business or your personal life our financial experts can help you. We will negotiate with all parties involved to create a win/win situation, acting as your personal trustee in Bankruptcy.
Bankruptcy is a legal process that provides immediate financial relief to individuals with financial problems by stopping legal actions by creditors. Bankruptcy provides for a fair split of certain of the bankrupt's assets among his or her creditors. A Trustee is an individual or corporation who is licensed by the Government to administer bankruptcies.
Signs of bankruptcyAfter having gained eight years of audit and accounting experience in an international accounting firm and a mid-sized local firm, Martin joined anothernternational accounting firm where he was promoted to Manager, Corporate Recovery Department. During his six year tenure Martin handled the the recievership bankruptcies of many small and mid-sized businesses such as hotels and retirement homes, as well as participating in the winding up of some of the largest corporations in the country.
In 1996 Martin left his posistion to assume the role of Chief Operating Officer of his family's business. After overseeing its reorganization, Martin joined Soberman Isenbaum Colomby Teisis Inc. in early 1997.
Presently Martin concentrates on the areas of business bankruptciues and proposals. He is also involved with clients in special situations, including proposals to annul bankruptcies and engagements having major forensic components. Martin provides research support to the trustees as well.
Martin has completed the Canadian Insolvency Practitioner's Association three year intensive course and passed the written examination required as part of the Trustee licensing process.
The bankruptcy process is a legal process guided by a Trustee in Bankruptcy, which allows an honest but overburdened individual to eliminate the crushing load of debt, if other alternatives are not feasible. The personal bankruptcy process is essentially a trade-off; i.e. by giving up your assets to the Trustee to eliminate your debts. The process takes 9 full months before the Debtor can be discharged. Once discharged, all the debts listed in the Debtor’s Statement of Affairs, are eliminated with only a few exceptions. During the period of bankruptcy, the Debtor shall report to the Trustee his or her monthly income and expenses and attend two mandatory counselling sessions. Any surplus income, after deducting the Courts permitted living expenses etc., shall be paid over to the Trustee in accordance with the Superintendent’ s formula for the benefit of the general creditors. Also, during the period of bankruptcy, the Debtor has the freedom to choose to continue to work as an employee, continue to operate his business or even start a new business with only minor restrictions. Since the bankruptcy process is a Court guided process, law clearly protects the bankrupt from any further creditor harassment, and it prohibits discrimination against the bankrupt. For instance, any utility company must not refuse services to the bankruptcy just because the Debtor has filed for bankruptcy; the Passport office cannot refuse to grant the bankrupt his or her passport only because the person had previously owed government taxes.
In numerous cases, you may have the ability to pay back part if not all of your debts if given the chance and time to re-organize your finance. A Consumer Proposal allows you to pay back a portion of your total debts; keeping the assets you love most, including your house and your car. The is a formal legal proposal that requires the Courts involvement. Accordingly, they are handled by a Trustee in Bankruptcy or an Administrator. As soon as the Consumer Proposal is filed with the Court, no creditor shall have the right to continue to charge you any more interest, nor penalties for non-payment of debts unless the Proposal is rejected by the Creditors. As a formal proposal, it carries with it the blessing of the Court and is binding upon all Creditors including Revenue Canada and the Ministry of Finance, once accepted. As a Debtor, there is certainly a great deal of comfort here because in the event that you get a promotion in your job or receive a 10% increase in your pay cheque, Creditors cannot come back and ask you for more money. Consumer proposals are a better option than declaring personal bankruptcy for the debtor and most proposals are accepted as the terms of the proposal are usually more advantageous for the creditors than those of the bankruptcy. Filing a Proposal has a number of immediate advantages for an individual under siege by his creditors: The filing of a Proposal stops all legal actions undertaken or contemplated by unsecured creditors. The filing of a Proposal gives the debtor some "breathing space" so that he can approach the creditors and explain his financial situation and ask for support.
Through a detailed assessment of your monthly income and expenditure, including all your required bill payment, we can help you to consolidate all your credit card and other debts by increasing the credit limit on certain accounts and reducing other card balances where interests are too high. Once approved by the financial institutions, we will assist you to set up a realistic budget that meets both your needs and those of your creditors. We will suggest a fair and reasonable monthly payment to the major creditors as based on your ability to pay.
Credit counselling can help you to discover and understand the cause(s) of your bankruptcy, which are sometimes non-budgetary. These sessions will provide information to assist you in managing your financial affairs in the future. We can provide an understanding of how the credit industry works, and how to best use credit information to benefit you. We can even help you arrange for certain non-legislative alternatives such as an Informal Proposal to reduce your credit pressures.
Through this process, you will learn to manage your money more effectively. By understanding the difference between your needs vs. wants, your essential expenses vs. non-essential expenses the need for savings and tax planning such as the purchase of RRSPs etc. You will gain a better control of all your income and expenses and therefore your financial life.