What’re the differences between Licensed Insolvency Trustee and Bankruptcy Trustee?
First of all, there are no differences between these two terms.
In December 2015, the Office of the OSB released an instruction that people that are certified by the Superintendent of Bankruptcy to give services under the Bankruptcy and Insolvency Act (BIA) are to recognize themselves as Licensed Insolvency Trustees (LIT). Exactly what’s the difference between a Licensed Insolvency Trustee as well as a licensed Trustee in Bankruptcy?
The OSB guarantees that Licensed Insolvency Trustees:
The dual function of the Licensed Insolvency Trustee is to examine your events as well as to make certain that your legal rights are not abused while protecting the legal rights of your financial institutions.
The Licensed Insolvency Trustee offers an objective perspective, acting in the ideal passions of all events.
A Licensed Insolvency Trustee, who is a CIRP is an expert, is not just accredited by the Office of the Superintendent of Bankruptcy but likewise techniques according to greater degrees of professional standards and also regulations of conduct. A CIRP’s key objective is in order to help you manage your economic issues so you can go back to square one.
By the third quarter of 2015, Canadians collectively had $1.64 of financial obligation for each $1.00 of annual income.
A CIRP has strong accountancy experience and also substantial expertise of governing regulations and also is the only GO-TO expert empowered to take different actions adapted for the circumstances, whether for businesses or consumers. Licensed Insolvency Trustees are the only professionals able to submit a customer proposal or insolvency.
Most individuals are surprised when they discover how lots of Canadian consumers have declared Bankruptcy or Consumer Proposal as a bankruptcy option in the past 10 years: over one million people.
Have a solid base of knowledge and also encounter in the insolvency market prior to they are qualified to request a licence;
Abide by the appropriate regulation, regulations and also laws, which secure the general public;
Go through ongoing oversight through routine evaluations, audits and assessments but adherence to requirements of the method according to the BIA and also its General Rules, consisting of the Code of Ethics for Trustees;
When compliance issues emerge, go through examination and also ideal self-control, consisting of feasible permit suspension, termination or other legal repercussions.
For statistics, In Ontario, the rate of Consumer Proposal now surpasses that of Bankruptcy, at 55% of insolvencies took care of in 2015.
Some of the Key Responsibilities
Explores the Affairs of the Debtor
The first duty of the Licensed Insolvency Trustee is to consult with you to analyze your debt, earnings, and financial situation, in general, to recommend you on all your available choices.
Ensures your legal rights are not abused
After the initial review, if you make a decision to deal with a LIT to file insolvency or a customer proposition the LIT will certainly start exploring the financial institution’s cases concerning just what you owe. This is to make sure they stand but you’re not being taking benefit of.
Administers Consumer Proposals as well as Bankruptcies
During this phase, the LIT connects in your place but bargains reasonable payment terms for you but your financial institutions.
The LIT will certainly likewise shield you from collection firms and contact them straight.
A Licensed Insolvency Trustee is also liable to prepare the official documents and submit it with the Office of the Superintendent of Bankruptcy (the government office that supervises insolvencies and propositions in Canada). They additionally inform all your lenders that you have actually declared personal bankruptcy or a consumer proposal.
Shields the Rights of Creditors
One more duty of the LIT is assessing your conduct both prior to but during bankruptcy or the declaring of the customer proposition but ensuring that you finish your required responsibilities– such as guaranteeing you complete the required credit rating counselling sessions, make prompt payments, and so on
Sometimes if you have possessions that are not excused from seizure by the government but rural regulations, the LIT will certainly be in cost of distributing the earnings from the sale of the assets to your lenders.
In order to assist customers a lot more effortlessly recognize and identify people certified to provide debt restructuring services (both bankruptcies and also consumer proposals) under the BIA, the Office of the Superintendent of Bankruptcy Canada has actually issued a new regulation changing the classification of an insolvency trustee to Licensed Insolvency Trustee (LIT). This modification should assist individuals battling debt to determine those who legally supply government programs to eliminate debt from debt experts that are no licensed by the federal government.
How Are Licensed Insolvency Trustees Different from Debt Counselling?
What are Licensed Insolvency Trustees?
If you are struggling with debt and having difficulty paying your bills as they become due, there are many options available to you. One of these options is speaking with a Licensed Insolvency Trustee (LIT).
Licensed Insolvency Trustees are federally regulated individuals who have taken specific training and who are licensed to provide details on debt relief options and administer government-regulated insolvency proceedings, such as consumer proposals and bankruptcies.
Licensed Insolvency Trustees must hold a Canadian university degree (or equivalent) and complete the Chartered Insolvency and Restructuring Professional Qualification Program as well as the Insolvency Counsellor’s Qualification Course to become licensed. Once licensed, LITs must adhere to the Code of Ethics for trustees.
Licensed Insolvency Trustees are subject to ongoing oversight by the federal Office of the Superintendent of Bankruptcy.
Working with Licensed Insolvency Trustees
Most Licensed Insolvency Trustees off an initial consultation at no charge. If you are having trouble managing and paying your debts, you can attend a consultation with a trustee and have them review your situation. They will then provide you with the information you need on the available options that may help you.
Trustees are required to give details on all possible debt-relief options, not just those that they themselves administer.
If you determine that consumer proposal or bankruptcy is the right option for you to take, the trustee will prepare the necessary documents and begin the process. The trustee will be responsible for communicating with your unsecured creditors from this point onward.
Legally, unsecured creditors are not able to contact you once you have filed for bankruptcy or submitted a consumer proposal. They are also not able to take any action to collect a debt from you either. This includes wage garnishments or any legal actions, which must stop when the trustee files the required paperwork.
What is Debt Counselling?
Debt counselling (sometimes known as credit counselling) is an independent service that works with people who are struggling to pay their debts. Debt counselling services often provide one-on-one counselling, group counselling, debt management plans, and other such services.
There are both for-profit and not-for-profit debt counselling services.
You can sign up for a debt management plan through a credit counsellor. This is an informal plan where the counsellor will talk to your creditors and negotiate a payment plan. In many cases, the goal is to consolidate your debts into a single payment. However, you may still have to pay interest on your debts, and you will almost certainly be required to pay 100% of what you owe.
Working with Debt Counselling Services
Before you meet with any debt counselling providers, it’s important to find out about the agency, their services, and their reputation. You will want to make sure that the organization is in good standing with a professional association. While many credit counsellors are trained, there are no federal requirements to have any specific training to be considered a debt counselling service. This means that reviewing the agency or company is important. Find out what services they provide, what fees you will be expected to pay, what type of support they will give you, and anything else you can discover.
Once you’ve chosen an agency, the next step is to meet with the credit counsellor. Some will offer a free consultation, but not all will. During this consultation, ask questions about the counsellor’s education, training, and years of experience to ensure that they are qualified and that you are able to work with them.
The debt counselling service will likely assist you with creating a budget and provide you with tips for handling your debt. If you decide to sign up for a debt management plan, the counsellor will contact your creditors on your behalf to see if they are willing to reduce or eliminate the interest that you pay or alter the timeline in which you are expected to repay your debt (so that the monthly payments are more manageable.)
Keep in mind that this is a voluntary arrangement with the creditors.
There is no legal requirement for creditors to work with debt counselling services and they can still take legal action against you to recover the money you owe.
This is different from a consumer proposal or bankruptcy. Both of these legal processes include protections against legal action and your creditors cannot stop you from starting either of these processes. Only Licensed Insolvency Trustees can administer bankruptcies and consumer proposals in Canada.