Before you can
determine if you can trust an Ontario bankruptcy trustee, you first have to
understand what an Ontario bankruptcy trustee is and what his or her role in a
bankruptcy or consumer proposal is.
An Ontario bankruptcy
trustee is an individual or a corporation that is licensed by the
Superintendent of Bankruptcy. Bankruptcy trustees are regulated federally. The
role of an Ontario bankruptcy trustee is to administer bankruptcies and
proposals, administer the estates of the bankrupts, hold in trust and
subsequently distribute the assets of the bankrupt. The bankruptcy trustee must
follow the Bankruptcy and Insolvency Act (BIA).
The bankruptcy trustee is to be impartial
and act in the best interests of both the bankrupt and the creditors. The same
is true whether you are filing a consumer proposal or a bankruptcy. In the case
of a bankruptcy, the bankruptcy trustee can oppose your discharge if you have
not fulfilled your obligations under the bankruptcy. These obligations can change
over the course of your bankruptcy and/or as a result of undisclosed
information at the time you filed for bankruptcy. In layman's terms, if you
incorrectly estimate the value of an asset, forget to tell the trustee that you
have a particular asset or in the middle of your bankruptcy you get a better
job, this may change your monthly payment in bankruptcy and the length of time
you are bankrupt – the bankruptcy trustee will make this determination.
In the case of a consumer proposal you
don’t have an ongoing obligation to the bankruptcy trustee like you do in a
bankruptcy. With that said, the bankruptcy trustee assesses the proposal they
will offer your creditors based on extracting maximum value for your creditors.
So the answer to the question “can you
trust an Ontario bankruptcy trustee” is yes. They are a licensed, regulated
officer of the court. However, now that you know the role a trustee plays in a
bankruptcy or consumer proposal, it may not be wise to approach him or her
directly, no matter how warm and fuzzy the advertising is.
Consumer proposals and bankruptcies are
good options for getting out of debt and starting off on a fresh footing, but
before jumping to this conclusion it is important to consider all of your
financial options. Working with a qualified financial consultant that is
experienced working with debt consolidation, mortgages, debt settlements,
consumer proposals and bankruptcies will make you aware of these options. A
financial consultant who is hired by you to represent your financial interests
will ensure that you can be open and honest about all of your finances, ask
questions that won't impact you and assess a host of different financial
choices. He or she can also line you up with the appropriate professionals
(this includes bankruptcy trustees if necessary) and represent you through the
process. This takes the burden off of you and ensures that you walk away with
the best possible deal. In the case of a consumer proposal you could save
thousands of dollars.
If you are struggling with a financial
problem and would like to review your financial options contact DebtCare Canada
at 888-890-0888 or visit www.debtcare.ca.