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INSOLVENCY AND DEBT MANAGEMENT ROUNDTABLE Nov 26 2010

Iain Ramsay. INSOLVENCY AND DEBT MANAGEMENT ROUNDTABLE Nov 26 2010. Consumer Bankruptcy and Proposal Filing Rate “Anglo” origins (per 1,000 inhabitants aged 18 years and older) Source Office of Superintendent of Bankruptcy Canada. Canada: Consumer Bankruptcies and Consumer Proposals

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INSOLVENCY AND DEBT MANAGEMENT ROUNDTABLE Nov 26 2010

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  1. Iain Ramsay INSOLVENCY AND DEBT MANAGEMENT ROUNDTABLENov 26 2010

  2. Consumer Bankruptcy and Proposal Filing Rate “Anglo” origins(per 1,000 inhabitants aged 18 years and older) Source Office of Superintendent of Bankruptcy Canada Canada: Consumer Bankruptcies and Consumer Proposals USA: Chapter 7, 11 and 13 Australia: Personal Bankruptcies (parts IV and XI), Personal Insolvency Agreements (Part X) and Debt Agreements (Part IX) UK: Bankruptcies and Individual Voluntary Arrangements (England, Wales, Northern Ireland), Sequestrations and Protected Trust Deeds (Scotland) View, Master, Slide Master to change this text to the title of your presentation

  3. Per 1000 Capita Personal Insolvency Filings 2002,2008 [source Gerhardt, 2009: OSB Canada] Page 3 View, Master, Slide Master to change this text to the title of your presentation

  4. Household Indebtedness to gross disposable income 1995-2008 (OECD Factbook, 2010) 4

  5. Consumer Credit outstanding per capita December 2008

  6. Issues View, Master, Slide Master to change this text to the title of your presentation “whether the current range of collective debt solutions is fit for purpose and whether a debtor is likely to feel enable to choose the right solution” (DBIS) Opportunity to think broadly about system as a whole, its objectives, costs and benefits of different approaches, relationship to credit granting system. Identify need for further evidence, key questions. Draw on comparative knowledge.

  7. Issues • What does rehabilitation mean? • Do existing procedures achieve this? • Costs and benefits of different procedures • Balance of public/ private involvement View, Master, Slide Master to change this text to the title of your presentation

  8. Canada View, Master, Slide Master to change this text to the title of your presentation • Two primary alternatives • Consumer bankruptcy (nearly all debtors’ petitions) • Consumer proposal –up to $250,000 excluding mortgage (currently about 25% of total)

  9. Canada Insolvency per 1000 pop. View, Master, Slide Master to change this text to the title of your presentation

  10. Consumer Bankruptcy View, Master, Slide Master to change this text to the title of your presentation Consumer bankruptcy: discharge after nine months May have to make payments if “surplus income”: based on standardised national guidelines related to LICOS Pay surplus income for 21 months: then discharged (20%). Creditors or OSB can object to discharge on specified grounds (relatively small numbers-- under 10%): possibility of conditional discharge Summary administration procedure…can file electronically Requirement of two counselling sessions

  11. Consumer Proposal View, Master, Slide Master to change this text to the title of your presentation Maximum five years but norm was 3 years. Need acceptance of 50% in value to bind other unsecured creditors Will be able to keep home provided keep up mortgage payments. Secured creditors not part of plan Will not obtain better credit rating (on file for 3 years after completion)

  12. Financing View, Master, Slide Master to change this text to the title of your presentation Approx $1800 fees in summary admin. Can pay over time and make agreement to pay beyond discharge for 12 months. Bankruptcy Assistance programme Consumer Proposals: $750 filing + $750 on approval + 20% of moneys distributed to creditors.

  13. Regulation View, Master, Slide Master to change this text to the title of your presentation Trustees (generally accountants) licensed by OSB…subject to monitoring, all documents lodged with OSB. Private provision with public regulation Move to extend licensing to permit consumer credit counsellors to administer consumer proposals Primarily an administrative system of private actors regulated by OSB and with courts as backstop

  14. Gatekeeping/Monitoring View, Master, Slide Master to change this text to the title of your presentation Trustee must do “assessment” interview: outlining options Creditors, trustees can object to discharge including on grounds that could have done a proposal OSB monitoring

  15. US View, Master, Slide Master to change this text to the title of your presentation • Chapter 7 & 13 • Chapter 7 “the fresh start” …’ it gives to the honest but unfortunate debtor who surrenders for distribution the property which he owns at the time of bankruptcy a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt’ Local Loan Co. v. Hunt, 292 U.S. 234 (1934) • Relatively swift discharge: exemptions: post-bankruptcy income protected. • Chapter 13 repayment of portion of debt no more than 5 years • Chapter 7 traditionally about 66%; Many Chapter 13 plans not completed.

  16. BAPCPA 2005 View, Master, Slide Master to change this text to the title of your presentation “Means testing”…average income over previous 6 months compared with median state income: if above then may be converted to five year Chapter 13. Pre-bankruptcy counselling Mandatory financial education course

  17. Effects of BAPCPA View, Master, Slide Master to change this text to the title of your presentation Increased costs of bankruptcy Balance of Chapter 7/13 not now substantially different. 71% Chapter 7 in 2009. Filings increasing: 1.4 million consumer filings in 2009. Some studies (Porter) suggest that possibly 25% of bankrupts are still having financial problems one year after bankruptcy + targeted by high-cost credit. How fresh a start or safety net?

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