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Benny Mendlowitz CA, CIRP, Toronto Bankruptcy Trustee

 

Mortgage Payments and Income Taxes Under Consumer Proposals

Posted on Sunday, October 22, 2006


If I file for a consumer proposal, will I have to leave my home if I am in default with my mortgage?

Do consumer proposals cover debt owing for income taxes?

1 Comments:

  • At 1:24 PM, Blogger Benny Mendlowitz, CA•CIRP, Trustee said…

    Two very good questions.

    With respect to your mortgage, secured creditors are not affected by any insolvency filing, whether it is a consumer proposal, or a bankruptcy. So, if you want to stay in your home, you will have to bring your mortgage payments current. Most mortgage companies do not want to take your house away from you; they want their payments. If everything is current, they will probably leave you alone.

    On the topic of your home, if there is equity in your home, you will have to make arrangements with your trustee to "buy out" this equity, as it is an asset of your's that should be used to pay your creditors.

    With respect to income taxes, yes personal income tax debt are included in a consumer proposal.

    What you have described so far is a fairly complex situation. You should probably be meeting with a bankruptcy trustee to get some professional help with your financial situation.  

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