Bankruptcy - SWITCHING BANKRUPTCY>PROPOSAL - POSSIBLE? - Canada

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RE: SWITCHING BANKRUPTCY>PROPOSAL - POSSIBLE?

Postby notsosmrtpants » Sat May 10, 2008 01:18:09 AM

i thank you for everything that is possible under the given limiting aspects of public forums, including but not limited to:

- anonymity (that attempts to at once protect the individual as well as to attract information that can act as a starting point for anyone wishing to not just 'bend over and take it'...)

- stylistic articulation that may, or may not, provide the 'facts' / dynamics / etc., necessary to reply in an informed manner

- potentially emotionally charged posts that are made 'in the heat of the moment'

- etc.
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RE: SWITCHING BANKRUPTCY>PROPOSAL - POSSIBLE?

Postby montyloree » Fri May 09, 2008 07:15:49 AM

The purpose of this website is to give people guidelines to work with. Most people aren't trained in financial contracts, the law and all of the other aspects that make up the debtor - creditor relationship.
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RE: SWITCHING BANKRUPTCY>PROPOSAL - POSSIBLE?

Postby notsosmrtpants » Thu May 08, 2008 10:22:59 PM

understood, however i also understand that unless one takes the initiative to find an 'out-of-the-box', yet within bounds, solution, one might end up another sorry excuse of a human being who didn't take a pro-active role in their own affairs.

knowledge is a powerful tool, even if it ends up sitting in a toolbox, at the ready to inspire/inform/assist, someone else in the future...
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RE: SWITCHING BANKRUPTCY>PROPOSAL - POSSIBLE?

Postby Raymond » Thu May 08, 2008 03:42:44 PM

You only need to be on the same page as your trustee. That's why they pay them the big bucks; to make sure that you're on it with them.

Ray
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RE: SWITCHING BANKRUPTCY>PROPOSAL - POSSIBLE?

Postby notsosmrtpants » Thu May 08, 2008 02:48:40 PM

i am well aware of the obligations and responsibilities of the debtor and in no way meant to imply, and it should not be construed, that there would be any 'hiding' of anything , thankyouverymuch.

(it is always prudent for one to inform and educate oneself even when experts are so close at hand...)

however, given that as with most things in life there are 'grey' areas that allow one to be innovative and creative while still maintaining/conducting a moral/ethical/legal existence.

so, my question as stated in the subject line, was whether or not a bankruptcy (already filed, but not yet discharged) could, or has ever, been 'switched' to a proposal whereby both the creditors, trustee (and debtor, in this case) would 'fairly' benefit?

thank you for making this website available, however i can see how each set of circumstances (and one's ability to articulate them) behind each question can make it difficult for both the poster and replier to be 'on the same page', notwithstanding that there are indeed many hard and fast rules...

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RE: SWITCHING BANKRUPTCY>PROPOSAL - POSSIBLE?

Postby Raymond » Thu May 08, 2008 02:43:35 PM

Well, I don't know about creditors "negotiating after the fact" and I don't understand what you mean by being "two months into a bankruptcy." Do you mean 2 months after filing or 2 months after being discharged? If the latter, was it absolute or conditional?

If the latter, it's a bit of a non sequitur; because if you've received an absolute discharge, then any windfall you receive after the discharge is yours free and clear morally and legally. You would not need to negotiate with creditors.

However, you probably mean that you filed 2 months ago and then came into an inheritance. Now, you want to shield knowledge of that fact from your creditors, because (as I'm sure your trustee has told you when you asked) any windfall like a lottery or inheritance must be given to the trustee to be distributed among your creditors. That would leave you with whatever, if anything, that is left over. Hiding the inheritance, creates moral and legal problems galore.

If you are given an absolute discharge, then they would be obviously wondering why you wanted to negotiate with them after you had been relieved of the responsibility to do so. And if they, or the trustee, discover that you had the inheritance before discharge, your trustee has to turn you in. Also, remember your trustee has to file your tax return and if you put any sizeable deposit in the bank, the bank must report it to the government who shares all sorts of information between departments. The fact that the inheritance came from another province or country is irrelevant.

As I said, I'm sure you've already been told this by your trustee or some other one you've gone to for advice.

PS: Your 2 posts are almost incoherent, but the question was answered because it was of general interest. There are a hundred thousand bankruptcies a year and even the first time ones take at least 9 months. With the national craze over lottery tickets, I'm sure a high percentage of those desperate people will be loading up on them, and statistically, surely, more than a few will win some significant amount before they get discharged.

As for any other suggestions; well, just one: sober up!

Ray
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SWITCHING BANKRUPTCY>PROPOSAL - POSSIBLE?

Postby notsosmrtpants » Thu May 08, 2008 04:36:30 AM

what would be a debtor's best strategy if it was the case that they became entitled to an insurance benefit domiciled in another province after two months into a first time personal bankruptcy...

...and wanted to have more, rather than less, when all was said and done, ...

...especially given that most credit card debt includes exorbitant interest rates, etc.?

>>>

if such a switch is possible, is it unrealistic to think that the creditors would be willing to negotiate 'after-the-fact' and would insist on a 1:1 re-payment?

>>>

any other ideas/suggestions?
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