Bankruptcy Options And Alternatives (2024)

Bankruptcy may be the only thing that comes to mind when you realize that you can’t afford to pay your debts, your mortgage payments and other bills. You may think that bankruptcy might be a good solution for your debt problems, however, you should know more about your bankruptcy options before taking such a drastic step – what are bankruptcy options?, how much will it cost to file for bankruptcy? how does the process work? and what are the consequences of filing for bankruptcy for me and my family in the future?

If you are experiencing financial difficulties and having problems paying your mortgage payments each month or if you have fallen behind on your mortgage payments and are facing Pre-Foreclosure, our Company, GVCPS, can help you with your debt to avoid a possible bankruptcy by showing you your other options first.

We are a Real Estate Investment Company that can provide you with bankruptcy alternatives and options. We can provide you with immediate monthly cash flow management solutions to unmanageable or unwanted mortgage payments along with protecting any equity you may have in the property and protecting your credit. Our focus is to help you eliminate insurmountable debt and stress. We can help get your mortgage payments back on track or if your lender has issued you a demand letter for your missed mortgage payments, we can help reinstate your mortgage and bring the mortgage back into good standing if you act within the time limits that your lender has provided in their demand letter. If you ignore the demand letter from your lender, your lender will have no choice but to start the formal foreclosure process against you.

It may feel as though bankruptcy is your only option to solve your mortgage difficulties and other debt, however, many people do not explore alternative bankruptcy options first before filing for bankruptcy. More often than not, declaring bankruptcy isn’t a very wise financial decision. You should never take a step as serious asfiling for bankruptcywithout an accurate understanding of its true costs – some of which will include:

  1. Filing for bankruptcy is a very costly and time consuming process
  2. Your lender won’t allow you to renew your mortgage
  3. Your credit will be damaged severely when you file for bankruptcy
  4. Your credit will suffer for seven years (and in some cases up to 14) after a bankruptcy is discharged
  5. It will be difficult to get new credit cards and loans including a mortgage loan
  6. It will be difficult to obtain the most affordable mortgage, rent and interest rate on credit products, impacting your financial plans and putting your life on hold
  7. A bankruptcy will also force you to surrender a great deal of your property and other assets. Unless other arrangements are made, you will have to surrender:
  • home equity in excess of $12,000 in Vancouver, BC and Victoria, BC and $9,000 elsewhere in British Columbia
  • vehicle equity in excess of $5,000
  • the value of household items such as furniture minus $4,000
  • equity in tools of your trade worth over $10,000

We can provide you various bankruptcy options and alternatives. Contact us for Free consultation. Office: 604-812-378 or Email: info@gvcps.ca.

Explore Bankruptcy Options and Alternatives and Be Aware of the Following Bankruptcy Facts:

If you have assets or too much equity in your property, above what you’re allowed to keep in BC, your trustee will sell your property and your assets. It’s not well known, but it takes at least 9 months to go throughall the steps of the bankruptcy process. As part of the process, you make payments to your trustee forthe costs and fees of going bankrupt, and you also have to attend twobankruptcy counselling sessions. Completing the process and getting discharged takes longer if you need to pay extra to your creditors because of your situation.

You should also know thatyour bankruptcy trustee,your creditors, theOffice of the Superintendent of Bankruptcyor the Court can oppose or delay yourdischarge. Depending on your circ*mstances, you may need to attend a hearing, answer questions under oath and/or meet the additional requirements to obtain your discharge from bankruptcy.

There are many bankruptcy options and bankruptcy alternatives available. Contact us to provide you with bankruptcy options and alternatives to you situation. We specialize in helping clients protect equity in their property as well as protecting their credit.

References:
Debt.ca
Credit Counseling Society of Vancouver, BC
Bankruptcy Options And Alternatives (2024)

FAQs

Are there alternatives to bankruptcy if you get above your head in credit? ›

Bankruptcy can mean a fresh start if you're over your head in debt, but it can impact your credit history. Alternatives to bankruptcy include debt management plans, debt consolidation, debt settlement, and other options outlined below – each with its own set of consequences.

How do I know if bankruptcy is the best option? ›

It might be time to declare bankruptcy, if, for example, you have large debts that you can't repay, are behind in your mortgage payments and are in danger of foreclosure, or are getting calls from bill collectors.

What are options from filing for bankruptcies? ›

Individuals may file Chapter 7 or Chapter 13 bankruptcy, depending on the specifics of their situation. Municipalities—cities, towns, villages, taxing districts, municipal utilities, and school districts may file under Chapter 9 to reorganize.

What is the golden creditor rule in bankruptcy? ›

Section 544(b) of the Bankruptcy Code permits the Trustee to stand in the shoes of an actual creditor and bring any action it may bring on behalf of the estate to recover funds or property for the benefit of creditors and parties in interest.

How to get out of debt without claiming bankruptcy? ›

Your options to avoid bankruptcy include debt management plans; debt consolidation loans and debt settlement. Find out if one of these will work for you.

Is it cheaper to file Chapter 7 or 13? ›

What Is the Cheapest Type of Bankruptcy? Not only are the fees of Chapter 7 bankruptcy lower, but you also end up paying less to your creditors. While Chapter 7 only requires that you pay the value of your liquidated assets, a Chapter 13 bankruptcy could result in you paying far more over three to five years.

Is it better to file bankruptcy or pay your debt? ›

Bankruptcy frees you from debt collection, but the headaches can linger for years. Debt settlement without bankruptcy can take more time but — if negotiated properly — can do less damage to your credit. Debt settlement stays on your credit report for seven years, but has less negative impact on your credit score.

What can you not do after filing bankruptcy? ›

For example, you can't discharge debts related to recent taxes, alimony, child support, and court orders. You may also not be allowed to keep certain assets, credit cards, or bank accounts, nor can you borrow money without court approval.

What assets do you lose in Chapter 7? ›

Common types of assets and nonexempt property a debtor could potentially lose in Chapter 7 bankruptcy include: Vacation properties. Investment accounts. Stocks and bonds.

Can you withdraw money before filing bankruptcies? ›

The intent of hiding your money from the bankruptcy trustee through bank withdrawals is considered bankruptcy fraud. You are putting your bankruptcy case at risk. Aside from losing your discharge, you may even be prosecuted for your crime.

How to choose between Chapter 7 and 13? ›

Generally, Chapter 7 is more appropriate for simple cases while Chapter 13 for more complicated bankruptcies. Or somewhat more accurately, Chapter 13 can give you more power over and flexibility with certain kinds of creditors, and if you have non-exempt assets.

Is there such a thing as a partial bankruptcy? ›

There is no such thing as a partial bankruptcy: you either receive a discharge, or you don't. Dismissal or denial can terminate a bankruptcy case before a discharge is obtained.

Can bankruptcy be removed from credit score? ›

As with other credit report information, you can't remove a bankruptcy from your credit report if the information is accurate. However, you can wait it out until the bankruptcy eventually falls off your credit reports.

What is the difference between a consumer proposal and a bankruptcy? ›

Consumer proposals and personal bankruptcy are common debt relief solutions in Canada. A consumer proposal is a formal agreement with your creditors on the terms of repayment of your debts. Bankruptcy involves you surrendering your assets to eliminate your debt repayment obligations.

Is debt consolidation a good idea? ›

Debt consolidation is a good idea if your monthly debt payments (including mortgage or rent) don't exceed 50% of your monthly gross income, and if you have enough cash flow to cover debt payments. Debt consolidation isn't a quick fix for severe debt problems.

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