In this time of overwhelming issues from COVID-19 such as quarantine, lockdown, reduced mobility, and then reduced employment, actual unemployment, home schooling and making regular payments for mortgages, rent, vehicles and utilities, if you filed a bankruptcy or a consumer proposal then you are also worrying about your payments to your trustee who filed your bankruptcy or consumer proposal.
All trustee firms have been in touch with the Office of the Superintendent of Bankruptcy (“OSB”), the regulatory body responsible for oversight of the trustee community and ensuring proper implementation of the Bankruptcy and Insolvency Act, and the Canadian Association of Insolvency and Restructuring Professionals (“CAIRP”), the body of trustees and insolvency professionals such as lawyers and creditor advocacy firms, to request guidance and support for those people who may not be able to fulfill their duties.
Here are some changes that were implemented:
- Meetings before and after any filing of bankruptcies and consumer proposals can be done electronically or by digital means;
- Original signatures are still required but documents can be filed electronically at all stages with original documents to come later;
- Working remotely from home is available to trustee firms and the OSB but social distancing is encouraged by any offices requiring staffing;
- Bankruptcy payments can be delayed with the understanding that a court process or longer bankruptcy period may be the result.
Unfortunately, some changes requested by debtors in consumer proposals were not able to be implemented because they would require legislative action in the Parliament of Canada – these include default of three payments if made monthly in a proposal.
For those people in a proposal with our firm, Goldhar & Associates will work with you to look at options available to spread some payments out or file an amended proposal with the creditors. Contact us right away at: PDRT@GOLDHAR.CA OR CALL 855 541 5114.
Further information about the above can be found at this website:
https://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/br04235.html
If you are experiencing financial difficulties because of COVID, check out our Resource List here.
Feel free to contact us with your questions about your debt by calling us today.