FW: Financial Troubles - Counseling - Maybe Bankruptcy

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Question
I am in horrible financial shape. I make a good salary but am
behind everywhere and now Xmas is coming - any suggestions.
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david ingram replies:
As Robbie  Burns said, "the Best laid plans o' mice an' men gang
aft agley"
I am putting the whole poem (which describes a mouse when her
home is turned over by a plough) at the end of my answer. It is
now about  220 years old but still relevant today.
If you have money problems for any reason which could include
divorce, separation, unexpected tax penalty, leaky condo, company
downsizing, illness, an accident or any combination of the above,
you will need help.
That help may be as simple as taking an adult education course in
family finances at your local high school.  Most adult education
courses include such a course and even though I taught them for
years, it did not keep "me" out of a $5,000,000  bankruptcy after
three of the above events occurred.
If you need more immediate help (your Shaw.ca email address
indicates a Western Canada address) and you happen to live in
Greater Vancouver, contact a credit counselor such as Margaret
Johnson at SOLUTIONS CREDIT, 200-10351 150th Street in Surrey -
1-877-588-9491 or locally (604) 588-9491.
www.creditsolutions.ca  www.solutionscredit.com
[email protected]
 As her pamphlet suggests;
"Budgeting involves more than just arithmetic.  It takes
determination.  People experiencing financial difficulties need
objective, unbiased neutral information."
That statement applies to your finances when you have an income
and bad spending habits.  It does not cover the financial
disasters which I seem to see on a daily basis.  I am talking
about the $186,000 income tax reassessment for something that
happened five years ago.  I am talking about the leaky
condominium crisis where the debt is $100,000 and you would have
to earn $190,000 and pay $90,000 income tax to have $100,000 left
and that is not counting interest accruing while you are doing
it.
In this case, you need to consult competent help which does NOT
start with a bankruptcy trustee, a night school course, a credit
counselor or an accountant.
Now, you need a lawyer and not "just" any lawyer.  You need a
Murray Morrison, who specializes in Bankruptcy law and will work
for you and give you and your family the advice it needs to
preserve any assets possible and tell you what you can do and
cannot do.
Why not save a couple of dollars and go directly to the trustee.
The trustee does NOT work for you.  When you sign that paper, the
trustee that you searched out, the trustee that you found in the
yellow pages, the trustee your banker, hairdresser, mechanic,
best friend or worst enemy recommended is not working for "you".
The trustee is working for the creditors.  Their job is to get
the most for the creditors following local federal, state or
provincial guidelines which have different limits in each
province and each state.
If you are in BC, Murray Morrison is in the same office as
Solutions Credit which is just behind the Guilford Shopping
Centre at:
Murray Morrison
200-10351 150th Street
Surrey, BC, CANADA, V3R 4B1
(604) 930-9013 Fax (604) 588-2005
email to [email protected]
Talk to someone like Murray first.  Get your law straight.  Learn
what you get to keep and what  the limits are.  In BC for
instance you can have $5,000 equity in a car.  However, The Bank
of Nova Scotia (for one) will insist on seizing your car even if
you have never missed a payment if the car loan is with them.
Arranging for someone else to take over the loan before you go
bankrupt could make the transition easier.
I advised one lady client to go bankrupt at this time last year
for a $140,000 tax bill (which was unjust, unfair and illegal in
my opinion) which we had fought for two years.  (Canada decided
to tax her retroactively on her income for five years even though
she was an American living in the states.  They decided she spent
too much time in Canada and she had since moved to Canada
officially - Bankruptcy was the only way to get rid of it and
start over.)
I was blindsided by the Bank of Nova Scotia's new policy of not
allowing anyone to keep a car.  Luckily, a friend paid out the
bank and loaned her the money and she kept her car.  It would
have been far easier if we had known that in advance.  Her
Bankruptcy Trustee was blind sided as well.  It was the first one
he had seen as well. (Ten boos to the Bank of Nova Scotia).
After you have made a decision, you need a trustee.  Remember,
they are all working for your creditors.
Gerry Foran at Sands and Associates is a decent guy who you can
deal with.
Gerry Foran
E sands & Associates Inc
1100 Melville Street
Vancouver, BC, Canada V6E 4A6
(604) 684-3030
Sands and Associates also have satellite offices in Surrey,
Burnaby and Langley.
Trustees might not like me saying this but you do not even need
money to do it.  They can be paid from your assets, tax refund or
might not even get paid until after the bankruptcy.  While I was
actually writing this, another client who I had sent to go
bankrupt came in to return some material I had loaned him.  I
said thank you and suggested that he must have his discharge by
now.  He  did not have it.  He only had a conditional discharge
because he still owes the trustee $1,500 which he expects to have
very soon.  Another client is in the same position.  However,
they do not have a dozen creditors phoning looking for money.
Hope this helps.  Remember - see the lawyer first - before you
see the trustee.  And only talk to a lawyer who deals regularly
with bankruptcy and appears in court for bankrupts protecting
their rights. That means one in 100 lawyers.  There is little
chance that a lawyer you are already dealing with would be the
one you would use because a bankruptcy lawyer is likely too busy
to do anything else.
Hope this helps!   Enjoy "To a Mouse" by Robbie Burns
Here is the whole poem:
To a Mouse, On Turning up Her Nest with a Plough
by Robert Burns (1759 - 1796)
Wee sleekit, cowrin, tim'rous beastie,
O, what a panic's in thy breastie!
Thou need na start awa sae hasty,
Wi' bickering brattle!
I wad be laith to rin an' chase thee,
Wi' murd'ring pattle!
I'm truly sorry man's dominion
Has broken nature's social union,
An' justifies that ill opinion
Which makes thee startle
At me, thy poor earth-born companion,
An' fellow-mortal!
I doubt na, whiles, but thou may thieve;
What then? poor beastie, thou maun live!
A daimen-icker in a thrave
'S a sma' request:
I'll get a blessin' wi' the lave,
And never miss't!
Thy wee bit housie, too, in ruin!
Its silly wa's the win's are strewin':
And naething, now, to big a new ane,
O' foggage green!
An' bleak December's winds ensuin'
Baith snell an' keen!
Thou saw the fields laid bare and waste
An' weary winter comin' fast,
An' cozie here, beneath the blast,
Thou thought to dwell,
Till, crash! the cruel coulter past
Out thro' thy cell.
That wee bit heap o' leaves an' stibble
Has cost thee mony a weary nibble!
Now thou's turn'd out, for a' thy trouble,
But house or hald,
To thole the winter's sleety dribble
An' cranreuch cauld!
But, Mousie, thou art no thy lane
In proving foresight may be vain:
The best laid schemes o' mice an' men
Gang aft a-gley,
An' lea'e us nought but grief an' pain,
For promised joy.
Still thou art blest, compared wi' me!
The present only toucheth thee:
But, oh! I backward cast my e'e
On prospects drear!
An' forward , tho' I canna see,
I guess an' fear!
David Ingram's US/Canada Services
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver,  BC, CANADA, V7N 3L7
Res (604) 980-3578 Cell (604) 657-8451
(604) 980-0321
New email to [email protected]
www.centa.com www.david-ingram.com
Disclaimer:  This question has been answered without detailed
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Be ALERT,  the world needs more "lerts"
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