When you hire a bankruptcy trustee in Mississauga, Ontario, you need to be familiar with their roles and responsibilities. Knowing what a trustee does will help you understand what you can and can’t do while facing bankruptcy.
Nobody likes bankruptcy, and most people look for ways to avoid this. Trustees can assist you throughout the insolvency process, and they will also handle your assets. The outcome depends on the creditor-you agreement.
It’s the trustee's job to act as the person in the middle food both creditors and debtors. That means,m they will be communicating with the debtors for you. There’s no need to face your creditors when you have administrators, which is advantageous to those who prefer not to meet with their creditors.
Just when should you work with a bankruptcy trustee? First, trustees are administrators often assigned to you when you file for bankruptcy. Contrary to what many would think, filing for insolvency doesn't mean you will no longer have to pay for anything.
You must talk with the creditors and agree on a percentage of what you must pay back. That’s also where administrators enter the picture; they can serve as the intermediary between you and the creditors.
When you don’t have enough cash to pay back your debt, the administrator will handle your assets. They can classify which assets can be used to pay off your debt and which you can keep.
Why Bankruptcy Trustees Are Beneficial
Trustees are the people that you hand your assets over when you want to be cleared of your debt. They will often possess the items you hand over until they become abandoned. When this happens, the assets are returned to the debtor. Below are some benefits you can expect from working with an insolvency trustee.
Accounting Your Assets
Having your assets accounted for appropriately is essential when you file for bankruptcy. You will need to make sure you know which assets can be used as payment and which ones you can keep. Administrators can help sort out your assets and adequately distribute them to creditors.
Challenging Debt Claims
Even if administrators collect data on claims from creditors, the former still needs to screen if all claims are valid. Whenever they find invalid debt claims, they will challenge these to ensure that you are paying the suitable types of debts.
Sometimes there could be claims from creditors that shouldn’t be included in your list of debts. You can trust the administrator to take care of these claims for you and remove them from your priorities. It helps the debtor to identify which debts to clear first.
Provide Informed Decisions Suited to the Debtor’s Financial Capabilities
Debtors often have different financial statuses, and the trustee needs to review this before suggesting any legal action on your side. They will ask about your financial capabilities and collect the documents from sorting out how to settle your debts and declare bankruptcy.
Preparation of the Bankruptcy Court Report
It’s the trustee's job to prepare the report and submit it to the Bankruptcy Court. Before stepping into the court and claiming bankruptcy, the process should go through the trustee. They will compile your data for you and endorse them to the court for faster processing.
Liquidation of Non-exempt Assets
The trustee sells your nonexempt assets to cover payments for your debt. These could include properties, cars, and even pricey possessions such as your musical instruments that can be considered bought by your disposable income.
Distribution of Sales Proceeds
Debtors are not required to meet with their creditors when paying off debt. Trustees will assess, sell, and collect the money from your nonexempt assets. They will also distribute these funds to your creditors according to priority.
Reviewing Your Bankruptcy Court Appointments
When you must appear in court or represent yourself legally, you can consult your trustee. They will be handling your schedule and appointing you to which meetings you should attend throughout the bankruptcy filing process.
Consult You Regarding Your Bankruptcy Filing
Before any action is taken, trustees will talk with you about your situation. You should be able to tell them what your debts are all about and how you can’t catch up with payment for them. Be honest with your situation so the trustees can give a suitable solution for you.
Offer Guidance and Advice
Bankruptcy trustees can give you good guidance and advice on what you should do when filing for bankruptcy. It can be anxious for many debtors to undergo this process, so experienced trustees tend to give you good advice to be calm about your situation.
Whenever you have any questions or queries about the process, you can always talk to the administrator assigned to you. Some debtors don’t get to meet the administrators, but you can always reach out to them first and set up a meeting.
Explain How the Bankruptcy Process Will Go
You can expect the trustees to explain each bankruptcy process step to you. If you've never filed for bankruptcy, you can inquire and ask questions from the trustee assigned to you. They are the best people to give you more detailed information and advice about the process.
Can Object to the Debtor’s Discharge
Debtors can be discharged from personal liability on certain debts. That means there are cases where you can be dismissed from paying back certain creditors. The trustees, however, have the authority to contest this decision if they find issues with its issuance.
One of the many things people are anxious about when filing for bankruptcy is losing their properties. It isn't true; even though you will surrender some assets to the bankruptcy trustee, it doesn’t mean you will lose everything.
Assets come in different forms, and you are not allowed to surrender anything related to your primary means of earning. That means the house that you live in or your livelihood will not be sold in any circumstances.
Working on your bankruptcy filing can be confusing, especially when it’s your first time. That’s also why it’s crucial to have a bankruptcy trustee in Mississauga, Ontario, someone you can trust throughout the process.