How To Create A Creditor Debt Management Program

A creditor debt management program provides relief to a concern for most professionals, small business owners and others potentially susceptible to personal liability during their lifetime or after death. A creditor debt management program can’t guarantee that a particular savings or income producing account will or will not be protected from creditors. as every situation depends on a number of circumstances, a creditor debt management program will protect you in many instances but not in others.

It is important and a responsibility to do all you can to try and mitigate risk as best you can using a creditor debt management program.

A creditor debt management program covers some of the laws and legal cases that either support or deny creditor debt management programs for both insurance and non-insurance savings and income producing investment vehicles.

Bankruptcy and Insolvency Act re: creditor debt management programs
The foundation of a creditor debt management program proceedings is the Federal Bankruptcy and Insolvency Act. The Act states three main conditions under which a creditor debt management program doesn’t apply.

1. If the bankrupt was solvent at the time of settlement and went into bankruptcy within one year thereafter, the creditor debt management program doesn't apply.

2. If the bankrupt was insolvent at the time of settlement and went into bankruptcy within five years thereafter the creditor debt management program doesn't apply.

3. If the bankrupt was solvent at the time of settlement, went into bankruptcy within five years thereafter and the bankrupt’s interest in the settled property did not pass at the time of settlement, the creditor debt management program doesn't apply.

However, subsection 67(1)(b) of the Act excludes assets of the bankrupt that are exempt under provincial law. So, even if one of the conditions above applies to the situation, assets may still be available for the creditor debt management program. This brings us to the provincial insurance acts.

Common Law Province Insurance Acts and a creditor debt management program

The insurance acts in Canada’s common law provinces are generally similar. The sections of the various acts relating to a creditor debt management program, in general, that insurance money and contracts are exempt from seizure as long as a spouse, child, grandchild or parent of the annuitant is named beneficiary. The protection of a creditor debt management program also extends to the instances where an irrevocable beneficiary is named.

The beneficiary in a creditor debt management program can’t be one of the policy owners where there are joint owners on a policy. The beneficiary will not be deemed an exempt beneficiary if the beneficiary is one of the owners.

A creditor debt management program may not apply if the transfer of assets to an insurance policy is deemed to be made with the intent to delay, hinder or defeat creditors. The transfer of assets may be considered to be a fraudulent conveyance in such a case. The concept of fraudulent conveyance is getting more and more attention these days as creditors are finding it a more successful approach to take in legal proceedings they undertake, another reason to consider a creditor debt management program.

John Stratos is a contributor to Equity Cash North Americas premiere program for protecting your hard-earned equity and creating Cash Flow with ZERO risk to your equity!

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