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Archive for the ‘personal bankruptcy Brantford’ Category

CKPC Interview: Will Higher Interest Rates Impact Brantford Residents?

This morning I did a live interview on CKPC New Country AM 1380 here in Brantford; the station now has “all news mornings”, and they wanted a local perspective on interest rates.  This morning the Bank of Canada announced that they are increasing the Bank of Canada lending rate by .25%.

A quarter of one percentage point doesn’t sound like much, but as I explained in the interview, this is the second quarter point increase in the last two months; if rates keep rising, it will make a difference.

Here’s the example I used in the interview: If you have a $200,000 variable rate mortgage, you are paying around 2% interest.  If rates go up by .25%, you will be paying 2.25%, so your monthly payment will increase from $846.90 per month to $871.22 per month.  That’s $24.32 per month, so that’s probably not a big enough increase to make a difference to you.  However, over 25 years, that’s an extra $7,296 in payments.

However, rates are now up half a percent this year, and if they increase another half a percent later this year, that’s a full point increase, which is about $100 per month on a $200,000 mortgage, which is almost $30,000 over a 25 year mortgage term.

Small increases add up to big increases, and that will cause problems for many Brantford residents.  When you combine higher interest rates with the new HST, it’s likely we will all have less money in our pockets as the year progresses.

My advice?  If you have debt, now is the time to start reducing your debt before interest rates rise further.  A consumer proposal is a great way to negotiate a settlement with your creditors if you can’t pay them back in full.  For more information, give me a call in Brantford at 519-770-4440, or e-mail me, and let’s get started.

Lines of Credit

Question (submitted by a reader): If your house is taken over by the bank, is your line of credit automatically paid off?

Answer: If you have a line of credit secured by your house (like a mortgage), and the bank forecloses on the house and sells it, the line of credit is no longer secured by the house, since the house is sold.

If the bank recovers enough money to pay off the line of credit, then yes, it is automatically paid off. However, if the bank does not get enough to fully pay it off, they can pursue you for the shortfall, which in some cases may require you to file a consumer proposal or bankruptcy to deal with the debt.

Brantford Bankruptcy Trustee in Ottawa

On February 7, 2008 my Brantford bankruptcy office was closed. I was in Ottawa, appearing as an expert witness before the Senate Standing Committee on Banking, Trade and Commerce to provide testimony on the proposed new bankruptcy rules.

Most of the witnesses that have appeared before the Committee were lawyers or lobbyists; no-one had appeared to give the average bankrupt’s perspective. In my opening remarks I told the Senators that the average person who goes bankrupt in Brantford, or anywhere in Canada, is a real person who in many cases has lost their job, gone through a marriage break-up, suffered through an illness or other personal problem, and is left with an overwhelming amount of debt.

In other words, people who go bankrupt, in most cases, are honest but unfortunate people who need a fresh start. It’s important that we don’t create bankruptcy rules that make it too difficult for the honest person to get a fresh start.

Our testimony lasted for over an hour, and I believe that when we were finished the Senators had a better appreciation for the problems faced by the average person who needs to file a proposal or bankruptcy in Brantford.

I don’t plan on returning to Ottawa any time soon, so if you live or work in the Brantford area and want to talk to someone who provides expert testimony on complex rules, but who also will sit down with the average person and help them understand their options, please call me in Brantford at 519-770-4440, or e-mail me to set up a meeting to review your options, and help you get the fresh start I believe you deserve.

What Happens to my car if I go bankrupt in Brantford?

Since opening my Brantford bankruptcy office in 1999, one of the most common questions I am asked is “will I lose my car if I go declare personal bankruptcy in Brantford?” This is a big issue in Brantford, because many of us need our cars to get to work (as we all know, there is no subway in Brantford).

The answer depends on a few factors.

First, if you live in Brantford, or anywhere else in Ontario, you are allowed to keep one motor vehicle worth up to $5,650 if you go bankrupt. So, if you are driving an old car, you may be able to keep it.

However, if there is a lien on your car, or if you got a loan and pledged your car as security, whether or not you keep your car if you go bankrupt is up to the lender. The lender in most cases will allow you to keep the car, provided you continue to make all of your regular car payments.

A word of caution: not all banks will allow you to keep your car. Most banks do, but there is one bank in particular that will automatically repossess your car if you go bankrupt, even if your payments are up to date. I don’t want to get sued so I’m not going to mention the name of that bank in this blog posting, but if you send me an e-mail or give my office a call in Brantford at 519-770-4440 I would be pleased to review your situation and let you know whether or not it is likely that you will be able to keep your car if you go bankrupt.

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