How debt relief works: A low income case study

A lot of people have the misconception that individuals who make an insolvency filing lack a moral desire to pay their debts and happily use an insolvency filing to “game the system” and leave their creditors in the lurch. In most cases, nothing could be farther from the truth. So we’re publishing a series of blog posts highlighting some of the people we’ve helped and their situations*. It’s possible you’ll see yourself, a client, or someone you care about in their stories. If not, perhaps you’ll at least have a better understanding of the reasons that people decide to make an insolvency filing.

*Names and other details have been changed to protect the confidentiality of the individuals whose stories we tell

Janet

Janet reached out to us after a social worker she’d been working with recommended she speak with a Licensed Insolvency Trustee. At first, Janet resisted. She knew she couldn’t pay the debt she owed, but she couldn’t believe that after over 50 years of scraping to get by it had come to this.

Janet had always lived on a low income, priding herself on always finding a way to pay her bills throughout many years as a single mother. She was a master at finding deals and doing things herself to save money. And she often took on odd jobs or traded labour with friends in order to make ends meet.

In the past decade, though, Janet had experienced a few small setbacks that caused disruption to her income and unexpected expenses. She had never been able to put away much of an emergency fund, and her friends and family were also dealing with low income, so they couldn't help. So Janet used a credit card to bridge the gap during what she thought was a temporary setback. Over a couple of years, the credit card balance grew to a level that might be considered modest by some, but Janet soon realized that she was not going to be able to re-pay it, and she cut up the card.

Janet tried her best for a while to chip away at the balance, but it only grew, as her sporadic payments weren’t enough to offset the interest that was being charged. She had also explained her situation to the credit card company, however they continued to call and send mail asking her to pay. Eventually, the credit card company sold her debt to a collection company, who sold it to another. Whenever she could, Janet would scrape together a small payment, but it was never enough to convince collectors to stop calling, and they often threatened to take her to court. Even though Janet knew it was unlikely they would do so for such a small amount of debt, the threats caused her a huge amount of stress. She lost sleep, worrying that when she died her creditor would pursue her children for the debt, even though legally her children would not be liable for the debt.

When we met with Janet, it was clear that she had no available assets, and not enough income to cover her expenses and pay her creditor, so there was nothing the collection agencies could really do to collect the debt other than cause her stress in the hope she would find the money somehow. Janet knew this meant she would likely continue to face collection calls if she didn’t get a stay of proceedings to stop them (which can generally only be achieved by making an insolvency filing).  

We explained the options to Janet, who eventually decided to make a bankruptcy filing to get relief, finally, from the collection calls. We also provided Janet with information on community resources that might help her better cover her expenses going forward. Janet wept with relief when she realized she would no longer have to live under the stress of her unpaid debt. And for the first time in years she expressed hope that she could make ends meet going forward without having to lean on her family.

Don't Delay Getting Help

Too many people delay coming to see a Licensed Insolvency Trustee, spending months, years or even decades struggling with their debt, because they don’t think people like them make an insolvency filing. The truth is, most people who take this step are regular people who’ve gone through a difficult time and, as much as they want to pay their debt, they need a re-set.

Charla Smith & Company is a Calgary-based Licensed Insolvency Trustee, serving the southern Alberta region. We regularly help individuals navigate their options for getting out from under their debt. If you would like a free, no-commitment consultation to review your options, contact us.

Disclaimer: This publication provides general information and should be seen as broad guidance only. The information contained herein cannot be relied upon to cover specific situations and you should not act, or refrain from acting, upon this information without obtaining specific professional advice relating to your particular circumstances. Charla Smith & Company Ltd. does not accept or assume any liability or duty of care for any loss arising from any action taken or not taken by anyone in reliance on the information in this publication or for any decision based on it.