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If you're struggling with debt in Canada, there is hope for relief. The federal government offers debt forgiveness programs, such as the Canada Revenue Agency (CRA) Tax Debt Forgiveness and the Bankruptcy and Insolvency Act.
You may be eligible for debt forgiveness if you owe less than $200,000 to the CRA or if you're experiencing financial hardship due to a disability or illness.
To qualify for debt forgiveness, you'll need to meet specific requirements, including being a Canadian resident and having a valid reason for your debt.
Government Programs and Options
Government programs and options can provide significant relief for individuals struggling with debt in Canada. The Canadian government offers two main debt relief programs: Consumer Proposal and Bankruptcy.
A Consumer Proposal is a legally binding agreement between you and your creditors to settle your debts over a period of up to five years. This option is often the safest and cheapest debt relief option when dealing with debt.
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The Bankruptcy process in Canada is governed by the Bankruptcy & Insolvency Act and allows individuals to repay a portion of their unsecured debts over a period of no more than five years.
In some cases, government-guaranteed student debt can be discharged under the Bankruptcy and Insolvency Act, specifically when the individual has been "out of school" for more than seven years.
The Canadian government also offers repayment programs for student debt, which can provide reductions in monthly payments, payment deferrals, interest relief, and even outright loan forgiveness in some cases.
To be eligible for these programs, individuals must meet specific criteria and may need to work with a Licensed Insolvency Trustee (LIT) to navigate the process.
Here are the government programs related to debt relief in Canada:
- Consumer Proposal
- Bankruptcy
It's essential to note that only these two programs are government-approved debt relief options in Canada. Be cautious of any company claiming to offer a government or federal relief program that is not listed here.
Debt Forgiveness Process
The debt forgiveness process can be a game-changer for those struggling with student loan debt in Canada.
To start, it's essential to understand that student loan forgiveness is the process by which a part or all of an individual's student loan debt is reduced or eliminated entirely.
If you're facing financial hardships or have limited employment income, you may be eligible for relief.
The obvious benefit of getting your student loans forgiven is that your payments will likely be much lower, and you'll see a reduction in the principal amount owing on your student loans and other debt.
How It Works
The debt forgiveness process can be complex, but it's worth understanding if you're struggling with student loan debt. You must have been out of school for at least 7 years to be eligible.
To qualify for student loan forgiveness, you must meet specific parameters. Here's a breakdown of the requirements:
- You must have been out of school for at least 7 years.
- You must be eligible to file a consumer proposal or bankruptcy.
If you have received multiple student loans with different end-of-study dates, you may still be eligible for forgiveness even if you've been a student in the last 7 years. However, it's best to consult with a professional for a detailed assessment.
The Five Year Rule
The Five Year Rule provides a pathway for student debt forgiveness, but it's not a guarantee. To be eligible, you must demonstrate that paying your student debt loans will cause "undue financial hardship".
You can apply for hardship provision five years after your end of study date. This timeframe is a crucial consideration for those seeking debt forgiveness.
To qualify, you must have acted "in good faith" and paid your debts, but they're causing and will continue to cause you severe financial difficulties.
Preparation and Planning
To prepare for debt forgiveness in Canada, it's essential to develop smart money management practices. This includes keeping a budget that clearly shows your income and expenses.
Creating an emergency fund is also crucial, as it will help you cover unexpected expenses and avoid going further into debt. Aim to save 3-6 months' worth of living expenses.
Enrolling in courses on personal finance can be a great way to learn new skills and gain confidence in managing your finances. There are many free courses and resources available online that can help you get started.
Working with a financial advisor can provide you with personalized guidance and support as you navigate the debt forgiveness process.
Alternatives to Bankruptcy
If you're struggling with debt in Canada, there are alternatives to bankruptcy that can help. A Consumer Proposal is a proposal to your creditors to pay back a portion of the debt you owe.
You'll need the support of a Licensed Insolvency Trustee (LIT) to file a Consumer Proposal, who will work with you to determine a manageable monthly payment. If your proposal is accepted, all collection calls, wage garnishments, and lawsuits will stop immediately.
With a Consumer Proposal, you can pay back a portion of your debt, but with a Debt Management Program (DMP), you can pay off all of your debts within 5 years, with interest rates either eliminated or substantially reduced.
Consumer Proposal
A consumer proposal is a proposal to your creditors to pay back a portion of the debt you owe. You'll need the support of a Licensed Insolvency Trustee (LIT) to file one.
Your LIT will work with you to determine what you can afford to pay each month and negotiate this amount with your creditors. They'll help you come up with a plan that works for you.
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If your proposal is accepted, all of the collection calls, wage garnishments, and lawsuits will stop immediately. This can be a huge relief if you're feeling overwhelmed by creditor pressure.
You can file a consumer proposal if you owe more than $1,000 in debt and are struggling to keep up with your debt. However, if you owe more than $250,000, excluding your principle residence mortgage, you'll need to file a Division 1 Proposal instead.
One of the benefits of filing a consumer proposal is that you can get true student loan forgiveness. This is only possible by filing a consumer proposal or bankruptcy, so it's worth exploring this option if you have student loans.
Consolidation
Consolidation is a debt relief option that can simplify your payments, but it's essential to understand what it can and can't do.
A Debt Management Program, or DMP, is a type of consolidation that helps you combine your unsecured debts into one manageable payment. This program works with your budget to determine a realistic monthly payment that you can afford to pay on your debts.
With a DMP, a credit counsellor will negotiate with your creditors to reduce or eliminate interest rates, making it easier to pay off your debts. The average DMP pays off all debts within 5 years, with some being paid off in less than 3 years.
Debt consolidation, on the other hand, involves taking out a new personal loan to pay off all your existing debts. This can simplify your payments, but it doesn't eliminate or reduce the total balance of debt you owe.
A Repayment Assistance Plan, or RAP, is another option that can help you manage your student loan debt. The government will support the interest costs of your student debts for the first 10 years of your repayment, and may even support some of the principal payments after that.
If you're considering consolidation, it's crucial to understand the benefits and limitations. Consolidation can save you money on interest payments, but it won't reduce the total amount of debt you owe.
Repayment and Settlement
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In Canada, there are several options for debt repayment and settlement. A Debt Management Program (DMP) can consolidate your unsecured debts into one manageable payment with low or no interest.
A DMP typically lasts around 5 years, but the average program is paid off in less than 3 years. You can also consider debt settlement, where a debt settlement company negotiates with your creditors to reduce your debt.
If you decide to go with debt settlement, be aware that the creditors are not required to negotiate with the debt settlement company, so some of your creditors may not agree to lower your debt. Before working with a debt settlement company, ask about their fees, which can be upfront or monthly.
Here are some key differences between DMPs and debt settlement:
Ultimately, the best option for you will depend on your individual financial situation and goals. It's essential to seek credit card debt assistance from a reputable agency and carefully review their fees and qualifications before starting a program.
Revision of Terms
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If you're struggling to make your current student loan debt payments, you can ask to change the terms of your loan. This can give you more time to pay or help you pay it off more quickly.
The standard repayment period for student loans in Canada is 114 months or 9 and a half years.
You can extend the amortization period to a maximum of 174 months or 14 and a half years if needed. This can be done by contacting the National Student Loan Service Centre (NSLSC) and your financial institutions.
You can also decrease your monthly payment by extending the repayment time. This is a long-term solution that may be suitable if you're looking to lighten your monthly financial burden.
Here are some options to consider:
- Decrease Payments For A Defined, Short Period – You can extend the terms of your payment plan by a fixed period of six months to reduce your monthly payment.
- Extend Your Loan’s Repayment Time – You can extend your loan’s repayment time to decrease your monthly payment.
- Make Interest-Only Payments – You can choose to pay only the interest owing to your student loans for a period of up to 12 months.
Extending your amortization period will make your monthly payments smaller, but you'll end up paying more on your loan because your loan will accumulate interest until you pay it off.
Repayment and Settlement
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A Debt Management Program (DMP) can help you consolidate your unsecured debts into one manageable payment. This program works with your budget to determine a realistic monthly payment that you can afford.
You can work with a credit counselling organization to establish a DMP, which can include all your debts at a reduced interest rate or eliminated interest altogether. The average DMP is paid off in less than 3 years, with some people paying off their debts in as little as 5 years.
Debt settlement involves negotiating with your creditors to reduce the amount you owe. You'll typically need to save a lump sum of money to offer to your creditors. Keep in mind that creditors are not required to negotiate with debt settlement companies.
Before working with a debt settlement company, ask about their fees, which may include upfront or monthly charges. Some creditors may not agree to lower your debt or negotiate with the debt settlement company.
You can also try negotiating credit card debt relief yourself by asking your credit card companies to lower their interest rates. This is best done when you have low balances and are up to date on your payments.
Credit and Debt Management
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If you're struggling to pay off your credit card debt, there are ways to get relief. Negotiating credit card debt relief yourself can be a good option if you have low balances and are up to date with your payments.
The best time to negotiate interest rates on your credit cards is when you're in a good financial position. If you're carrying a balance, a lower interest rate means paying less interest, and more of your balance gets paid off with every payment.
You can find step-by-step instructions on how to negotiate with your credit card company at Squawkfox.com, along with a script to use when talking to them. It's a free resource that can help you get started.
If you have high balances or are behind on your payments, getting an agency to negotiate debt relief might be a better option. However, be aware that credit counselling can be a helpful debt relief strategy, but it doesn't offer any legal protection against your creditors.
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Credit counselling involves elements of financial education, budgeting advice, and assistance in creating a debt repayment plan. It can also help you negotiate with your creditors, but there's no guarantee that the negotiation will be effective.
Before working with a credit counsellor, make sure to research their qualifications and ask about their rates and fees. This will help you make an informed decision about whether credit counselling is right for you.
Here are some key things to consider when looking for a credit counsellor:
- Qualifications: Look for a counsellor who is certified by a reputable organization, such as the Credit Counselling Association of Canada.
- Rates and fees: Make sure you understand what you'll be paying for credit counselling services, and whether there are any additional fees for things like interest rate negotiations.
- Experience: Consider working with a counsellor who has experience helping people with debt issues similar to yours.
Professional Help and Resources
You're struggling with debt and wondering where to turn. A Licensed Insolvency Trustee is a professional and impartial debt specialist who can provide advice, counsel, and guidance on personal insolvency matters.
They have the knowledge and experience needed to help you design a solution that fits your unique financial situation. You can consult with a team of LITs today to get back in control of your debt.
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Licensed Insolvency Trustees are the only federally regulated debt advisors operating in Canada, so you can trust that you're getting expert advice. They can help you determine if you qualify for student debt relief and guide you through the Canadian debt relief programs available.
You can contact a Licensed Insolvency Trustee for a free consultation to discuss your financial situation and explore your options. They can also provide initial virtual consultations and reschedule meetings to be done by call or video, following the new Superintendent of Bankruptcy Guidelines.
A Licensed Insolvency Trustee is the only federally regulated professional authorized to administer government-regulation insolvency proceedings, including Consumer Proposals and Bankruptcy. They can help you decide which option is right for you and guide you through the process.
What Are the Risks
Calculating the last date of study is a crucial step in debt forgiveness, but it can also be a risk if done incorrectly. Miscalculating this date can make you ineligible for debt relief in a consumer proposal and bankruptcy.
A simple phone call to the student loans office can save you a great deal of stress in the long run. This is because different dates may be reported to the office, even if you're 100% sure of when you finished school.
Sources
- https://www.hoyes.com/debt-relief/
- https://maritimetrustee.ca/blog/canada-student-loans-forgiveness/
- https://www.remolinoassociates.com/student-loan-forgiveness-the-ultimate-debt-relief-guide/
- https://nomoredebts.org/debt-help/how-to-get-credit-card-debt-relief
- https://www.adamsontrustee.com/canadian-debt-relief-programs-5-strategies-to-recover-from-debt/
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