How Do I Challenge Information in a Consumer Proposal

2010-09-20

schedule minute read

Author: Donna Carson

Consumer Proposal

Alternatives to Bankruptcy

If you have concerns about the proposal, the first thing I would:
    - file your proof of claim, with all of the backup to prove the claim
    - if you feel it justified, vote against the proposal
    - ensure you request a creditor meeting. 

A consumer proposal will pass if there is no request for a creditor meeting to be held.
This will be held if:
    - 25% in dollar value of the proven creditors request a meeting
    - the Official Receiver requests a meeting.
Even if every creditor votes down the proposal, if there is no creditor meeting requested the proposal will still be passed.

I would then contact the  Administrator of the proposal once your claim is proven.  Follow up in writing with your concerns.
If there is a material creditor missing that could sway the vote, the Administrator should review it.

Depending on the seriousness of your concerns, you also have the right to contact any of the other creditors and discuss their vote and the creditor meeting with them.  You can also contact the Office of the Superintendent of Bankruptcy to discuss your concerns or ask that they request a creditor meeting.
But if there is something materially incorrect with the creditors, you should start by contacting the Administrator.

Any other questions, give our office in your region a call.

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