Personal Bankruptcy Forum


Author:   A Desperate Mom
Date:   March 14, 2001
Question:  

I'm an Alberta single mom responsible for 2 teenagers. Since 1998 I've been too ill to work. Prior to that I was employed and had a secondary income from a home business (incorporated). I used up my savings and cashed my RSP's & life insurance in order feed my family of 4 kids at that time. In Sept 98 we were evicted and I finally faced the reality that I needed help. I have been on assistance from Social Services since Sept 98. I had to give back the car, cut up the credit cards, and live stictly on a cash basis.

I currently receive $500 a month plus my Child Tax Credit of $330. From that I have to pay my rent/ulitities of $500; bus/school expenses of $90; app $40 for cab fare to get to doctor's and do grocery shopping. That leaves me around $200 for groceries, toiletries, prescriptions, etc. for the 3 of us.

My girls are aware that my situation makes them different at school as they can't go with their friends even to free activities. Usually by the end of the month, I don't have that extra $3.00 for bus fare and their bus passes don't work weekends. This strains the already hard teenage years. They especially like to remind me of the freedoms their older brother and sister had when they were that age (and when I was working).

Prior to getting sick, I never had a problem paying my bills. Now I owe several creditors dating back 1997/98 when I first lost my job and lived on my credit cards. I never expected to be so sick for so long that I would not be able to meet those obligations. I'm not sure what I owe in total as I know some of my creditors have not found me since I moved in 98 - but my conscience still tells me I owe them.

Looking at your website and the info provided here, I know I have a serious problem. The calls to my extended family and letters from the collection agencies don't help my health either.

Is there anyway I can find out what I really owe, without letting my creditors know what I'm up too? I don't want more calls from other creditors.

I wouldn't be able to pay even to go bankrupt? How could I take the bankruptcy fee out of the little I get? What are my options, if any?

I heard somewhere that there is a limit on how long a creditor can pursue you? Is that true for Albertans? What's that time? It's been almost 3 years since this started.

Is there anyway to get them to stop phoning my previous neighbors or my grandparents, etc?

Can they go after my children that have left home?

I used to have a business (incorporated) that also have some debts since 98. If I declared bankruptcy, could I include ALL my debts - personal and business or do I have to declare bankruptcy twice?

Is an old computer considered under the clause of $4000 for furniture?

What is the "base" level for a family of 3? One of the previous question on you Q & A gave it for a family of 4. I think I would be considered below that base amount allowed before they can garnish my income but want to confirm.

Thank you for taking the time to address my almost desparate situation. Sometimes I think life would have been better for my girls if I had died in that surgery in 98

Is there any hope for me?

 


From:
 

Shane Brenneis, Collins Barrow Limited
Date:   March 15, 2001
Answer:  

To begin with, there is help. You have asked a number of questions and sometimes these are better addressed at a free assessment of your situation.

However, I will try to address some of your concerns.

  • creditors can not pursue your children or anyone else unless that person has signed for the loan.
  • the level for a family of three is $2,377
  • the fee can be negotiated with the Trustee and can come from a number of different sources
  • to find out what you owe you can contact one of the credit unions:
    • Equifax: 1-800-465-7166
    • TransUnion: 276-7808
  • business creditors can only look to the corporation for payment unless you have signed a personal guarantee

As mentioned above the best thing to do is to obtain a free assessment of your complete financial situation. If you want to come in for an assessment or if you have any further questions, please contact me using the information below.

We also have offices in Edmonton (780.414.1133) and Red Deer (403.350.2266), or call us on our toll free number (310-8888).

Shane Brenneis
403.296.2975
sbrenneis@moneyhelp.ca




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