There are certain debts that survive a Bankruptcy 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...

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.

A Consumer Proposal is for individuals whose debts have become unmanageable, but are still able to make some form of payment to creditors. With revisions to their payment plans they will be able to pay back their unsecured debts partially or in full within a maximum term of five years.

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.

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.