A CONSUMER PROPOSAL
Sets You Free of Debt Problems
When you file a consumer proposal you receive immediate protection from your creditors.
A consumer proposal is simply a formal legally binding offer to your creditors to accept monthly payments of a portion of your debts as full settlement.
A consumer proposal is a legal agreement that working through a Licensed Insolvency Trustee.
You know your credit rating and credit score are shot. Credit counselling takes far too long. Consolidation loans only add to your debt.
Your credit cards are maxed and you see other warning signs and maybe have judgments. A Consumer Proposal may be the right answer for you.
WHAT IS A CONSUMER PROPOSAL?
A proposal is simply an agreement between a person and his creditors whereby the person pays only a portion of his debts (say one-half), thus avoiding bankruptcy.
A proposal is made to the creditors through a Trustee in Bankruptcy. It does not mean you are bankrupt.
If the creditors vote in favour of the proposal, and the court approves it, then the proposal is a binding contract which all creditors must accept even the creditors who did not vote for the proposal.
Proposals are a better deal for the creditors than bankruptcy and in the vast majority of cases are accepted!
Consider a Consumer Proposal Before Undertaking Credit Counselling Repayment Programs
A Consumer Proposal is a means to negotiate with your creditors for the reduction of you debts and/or extension of time for payment of their debts. The payment schedule that is created in consultation with a your advisor is based on your income, living expenses and family creditors. It prevents your creditors from taking legal actions to seize assets or garnishee wages.
How Proposals are Filed
Under the Bankruptcy and Insolvency Act, a trustee or an administrator files a Proposal or an arrangement between you and your creditors to have you
- Pay off only a portion of your debts
- Extend the time you have to pay off the debt
- Propose some combination of both.
- To be acceptable, your creditors must be better off under a Proposal than if you go bankrupt.
Slash Your Debt
A Consumer Proposal Can Do The Following
- Slash Your Debt
- Immediately reduce your debts by up to 70%.
- Stop calls from collection agencies and cancel wage garnishees.
- Stop interest on your debts.
- You can keep all your assets.
- You keep your home and home equity.
- Consolidate debts into one, affordable, monthly payment.
- Legally binds all creditors to your offer including payday lenders and the Canada Revenue Agency.
- Avoid bankruptcy.
- Consumer Proposals are better than Bankruptcy:
- When the debtor desires a quick resolution and is prepared to pay a premium to achieve that result
- When a discharge is likely to be contentious or a substantial condition is likely to be imposed
- When the debtor wishes to avoid bankruptcy altogether
- When the debtor wishes to continue in business and will be prevented from so doing if obliged to disclose that he is a bankrupt when dealing with third parties
- When professional accreditation may be lost or put at risk by a bankruptcy
- When a bankruptcy will result in a secured creditor acting on its security
- When the debtor wishes to retain some key asset (e.g. a home, heirloom, secret process or impending inheritance)
- When the debtor has previously been bankrupt.
PROPOSALS MAY BE BETTER
THAN CREDIT COUNSELLING OR BANKRUPTCY.
Proposals are almost always accepted since the creditors will certainly get more than if the debtor goes bankrupt.
A Consumer Proposal is available to debtors owing less than $250,000, excluding a mortgage on the principal residence
Things to know about a personal proposal
Generally, a personal proposal is better than credit counselling arrangements
The debtor is not automatically bankrupt if the consumer proposal is not accepted
The proposal and the payments cannot be for a term of more than 5 years
Stay of all proceedings against the debtor
All creditor collection efforts, including garnishees, must stop when a proposal is accepted
Debtor is required to take two counselling sessions
Can only be filed through a trustee in bankruptcy or an administrator of consumer proposals
The creditors must be better off under a Proposal than under a bankruptcy
Administrator must file a report to the creditors on the affairs of the person and the causes of financial difficulty
A consumer proposal is the best alternative to filing bankruptcy and is far better than credit counselling, or taking out consolidation loans.
A consumer proposal is a formal, legal process under the Bankruptcy & Insolvency Act.
When you file a consumer proposal you receive immediate protection from your creditors who must stop harassing you.
If you are having financial difficulties, have debts in collections, or are in arrears on payments, a consumer proposal prevents creditors from continuing to pursue you for payment as well as substantials reducing the total amount you owe and ending interest charges on your debts.
A CONSUMER PROPOSAL WILL SLASH YOUR DEBT. END COLLECTIONS, GARNISHEES.
On line Since 1996
CanLaw Guide to the Law on Debt for the Layperson