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Question: If I declare personal bankruptcy in Ontario, will the trustee notify my employer and or garnishee my wages ?

Answer: In most cases there is no requirement for your bankruptcy trustee to notify your employer.  The normal exceptions would be that your trustee would contact your employer if:

  • you did not provide your trustee with proof of your monthly income, to allow them to calculate your surplus income payments in a bankruptcy, or
  • you did not provide your tax information to allow your trustee to file your income taxes, or
  • you did not provide your trustee with your current phone number, address or e-mail address, and they need to contact you, so they contact you through your employer, or
  • your wages were being garnisheed; your trustee obviously must contact your employer to stop the wage garnishment.

The second part of your question was whether or not your trustee will garnishee your wages. Read full post…

You’ve probably seen, whether in person at your local high school or on TV at the Olympics, false starts in foot races at the track. The athletes toe into the starting blocks, set their hands down carefully, and then “Bang! Bang!” The starter pistol fires twice and the athletes slow down because someone jumped the gun.

I’m calling a false start on this holiday shopping season.

I know many of you are raring to race to the mall or to your favorite online stores, but most of you are going out there with your shopping shoes untied. You likely haven’t set a budget — or if you’ve set it, you likely won’t really stick to it, according to a pair of new polls.

A survey released today by the National Endowment for Financial Education says 63 percent of Americans plan to head out shopping without setting a budget.

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The Three Bureau Credit Report

The more one can remain on top of one’s credit report through credit monitoring online, the more credit protection one has. With the probable threat of identity theft for which ten million Americans are becoming victims ever year and with the increasing rate of errors on free credit reports, one is at a loss as a client if one does not utilize three bureau credit reports regularly. Monitoring three bureau credit reports will offer one the credit safeguard service one needs. A three in one credit report monitoring lists all one’s accounts that permit one view quickly how all three credit monitoring bureaus online are viewing one’s credit. Servi Read full post…

Many people these days are facing divorce and bankruptcy at the same time. I’ve written blogs about the relationship between bankruptcy and divorce in the past, but the most recent question I received is one I have not addressed previously: “I have joint custody of my children and help pay for their expenses. Will I lose any custody rights if I file for bankruptcy?”

Bankruptcy does not affect custody rights. If you currently have a custody or visitation agreement or order in place and need to file bankruptcy, you can rest assured that the bankruptcy will not change the determination. It is important to note that any agreement or order regarding child support will also remain unaffected by the bankruptcy. Child

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Following, in part, is a letter from Ike Shulman, NACBA Legislative Committee Chair of the National Association of Consumer Bankruptcy Attorneys.

Dear NACBA Member:
Members of NACBA’s Legislative Committee traveled to Washington last week for meetings regarding the Principal Paydown Plan and other bankruptcy-related issues.  We met with high-ranking officials in the Justice Department and Office of the Comptroller of the Currency, with key House and Senate Judiciary members and staff, and with representatives of the mortgage investor community.  Our meeting with the OCC followed up on a recent letter sent by NACBA president Billy Brewer, requesting enhanced enforcement of OCC’s consent orders with the major servicers signed in April 2011, and publication of the servicers’ action plans that are expected to be finalized shortly.

Now that the debt ceiling crisis and the August legislative recess are past us, Congress and the Administration are re-focusing on the reality that we and our clients live with every day – unemployment and the foreclosure crisis.  The timing of our visits could not have been more appropriate.  The Principal Paydown Plan was received positively wherever we went.  Even before our visits, it was being seriously reviewed at the top levels of the federal government.  We are encouraged that our visits helped in promoting the plan’s adoption.

In late September, we also tried out the new White House petition system.  We created a petition supporting the Principal Paydown Plan as a way of demonstrating interest in it, as well as exposing the public to it.  Many of you have responded and signed the petition.  We want to make a push this week to put us over the 5,000 mark – we already have more than 2,800 signatures.  
In order to m

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Savings Accounts and Money Market Rates provided by 17 November 2011 A recent statement released by Invesco indicates that the majority of registered investment advisors (RIAs) believe that volatility in the market has made investors more risk averse in the past year.

The market research study conducted by Invesco indicated that 59 percent of RIAs polled believe that market volatility has made clients more wary of risk and that only 15 percent of professionals polled think that these clients will be more risk tolerant a year from now.

More than two-thirds (70 percent) of the RIAs polled stated that market volatility caused their clients more concern than any other issue, and 99 percent of these professionals listed it among their top three concerns. Read full post…

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