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I mentioned a little about Consumer Proposals in a previous article and
I have had a lot of calls requesting more information about them.
We have been recommending this type of solution to some debtors (depending
on their circumstances of course), for some 10 years now, and yet it's
only recently that we see Bankruptcy Trustees plaster major ad's on buses,
in Yellow Pages, On TV, on anything and everything that's in your face,
all advocating this …alternative to bankruptcy….
Why now? I ask. Why did it take them so long? This is not a new law,
so where were all these trustees over the past decade when you needed them?
Why have literally hundreds of thousands of people been forced into bankruptcy
when there was an alternative available all along? Some of these ads make
me sick.
Ooops ….Did I say some?
Well, anyhow, I'll tell you why they are all lining up to tell you about
this very old solution to your very new financial difficulty…it's because
they (your friendly and benevolent trustee) got a raise.
That's right, they got a legislated raise in 1998 therefore the more
you pay the more they earn. A $10,000.00 proposal used to earn a trustee
or administrator $1,500.00 but now that same proposal earns the trustee
$3,200.00. That should cover the cost of a few ads here and there.
So, what is the next question? I suppose the next question is "Is this…
alternative to bankruptcy… in your best interest each and every time?
To know the true answer to that question you had best speak to someone
who is prepared to represent your interest only and not the shared interest
of you and your creditors, with the creditors and the self-interest of
the trustee placing you on second fiddle.
Choosing the correct specialist to assess your financial problem may
soon be as difficult as choosing the right lawyer. Colleges and Paralegal
Associations are turning out persons with a certificate that entitles them
to hang up a shingle and profess to be a credit/debt manager or other title
of their choosing. The certificate would appear to have little if any other
value.
The problem is that these same credit/debt managers are
charging the unsuspecting public for nothing more than a referral to a
trustee's office.
So BEWARE!!!
Consider this also; it is against the law for your trustee to give you
any advice with respect to the protection of your assets.
That's right.
The law clearly sets out that the trustee's obligations are to represent
your creditor's interests only. Fair minded trustees struggle with this
issue trying to set a fair and equitable payment that the debtor can afford
while still trying to recover the most money for the benefit of the creditors.
Having an agent who specializes in these matters represent you exclusively
can be a major benefit for you.
Think Thrifty!!!
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