When your total debts (excluding the mortgage on your principal residence) exceeds $250,000 you will not be eligible to file a Consumer Proposal. However, you would be able to file a Division I Proposal. Just like a Consumer Proposal, you will be making a formal offer to creditors to settle your unsecured debt. Upon filing a Division I Proposal, your Licensed Insolvency Trustee will call a First Meeting of Creditors (FMC) within 21 days. At that...

The federal government provides guidelines to Licensed Insolvency Trustees that enables them to calculate your surplus income. That amount depends on the number of members in your family and your total family income. If you do not have surplus income under these guidelines, it is unlikely you will be able to submit a proposal that your creditors will approve.

Voluntary deposits are designed for debtors who reside in Quebec to make regular, monthly payments to the Court based on their income and dependents. The Court then ensures that these payments are distributed to creditors. This arrangement lasts until 100% of your debts are paid in full, along with a 5% interest per year. The voluntary deposit protects the debtor against salary garnishments and seizure of furniture found in the residence. It does...

When a Licensed Insolvency Trustee drafts the proposal to your unsecured creditors for you, it must offer your unsecured creditors more money than they would receive if you were to file for bankruptcy. In completing a financial assessment, your Licensed Insolvency Trustee will be able to determine the amount of money you can afford each month to make payments under your proposal to your unsecured creditors.

For three years after your final payment, a note will appear on your credit report indicating that you entered into an arrangement to settle your debts. This may make it more difficult to secure new loans, credit cards, and other forms of financing. It may cause lenders to require a co-signer to issue new debt or mean you will be charged higher interest rates if you do get approved. As part of the Consumer Proposal, you are required to attend two...

A Consumer Proposal can be an excellent option to eliminate your unsecured debt while protecting certain assets you may otherwise have to give up in a Bankruptcy. It will not impact your secured creditors, and you can generally choose which property to keep and which (if any) to sell to fund your Consumer Proposal. Home (or other real property) Vehicles Personal possessions Investments and savings Tax returns and government...

A Consumer Proposal allows you to make arrangements to pay all, or part, of your unsecured debt in monthly payments over a specified period of time. It also allows you to change the payment arrangement with your creditors by extending the timeframe, eliminating the interest or reducing the total amount to be paid.

If you are insolvent, you may be able to file a Consumer Proposal. However, in order to file a Consumer Proposal your total debts, excluding the mortgage on your principal residence, must not exceed $250,000 as outlined by the Bankruptcy and Insolvency Act. For more details, visit our Are You Eligible for a Consumer Proposal page.

When it comes to costs involved in filing a Consumer Proposal, there are a couple of important points. First, costs are federally regulated and prescribed by a tariff contained in insolvency legislation. Second, all costs associated with filing a Consumer Proposal are paid from the Consumer Proposal funds, so the consumer is not billed for costs at any time during the Consumer Proposal. In effect, the Consumer Proposal funding covers administration...

There are certain debts that survive a Consumer Proposal filing as outlined in Section 178 of the Bankruptcy and Insolvency Act . These include: Court fines, penalties and restitution orders Alimony, child support and maintenance Any award by the Court for intentional bodily harm, sexual assault or wrongful death Any debt or liability arising out of fraud, embezzlement, misappropriation or misconduct while acting in a fiduciary...