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What You Should Know About Consumer Proposals

Finding a debt solution that works for you doesn’t have to be difficult. There are numerous debt management options that can accelerate the time it takes to become debt-free and regain control of your credit.

Filing a Consumer Proposal is often one of the best ways to navigate your way out of debt. Like any financial undertaking, it is important to be well-informed about what the process means for you.

That’s why we are happy to share everything there is to know about filing a Consumer Proposal in Alberta, including the answers to common questions we receive from clients. Get on your way to a debt-free future and learn more about your options today.

What is a Consumer Proposal?

A Consumer Proposal is a legal debt settlement agreement between you and your creditors that is facilitated by a Licensed Insolvency Trustee (also known as a Trustee, or LIT).

Who is a Consumer Proposal For?

 Individuals who do not have the ability to pay both the required interest and principal to become debt free on their own. In Canada, there are some basic requirements.

  • You must have Canadian debts or reside in Canada
  • You must be considered insolvent, meaning:
    • You have more debt than you can repay on your own, or;
    • You don’t have the means to pay your debts on time;
  • Your total debt including secured debt is less than $250,000.00, excluding the mortgage on your principal residence

What if You Owe More Than $250,000.00?

If you owe more than $250,000 in debts, you could be eligible for a Division I Proposal. Contact us to discuss what this option means for you.

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What if You Owe More Than $250,000.00?

If you owe more than $250,000 in debts, you could be eligible for a Division I Proposal. Contact us to discuss what this option means for you or check out this link to learn more about the process of filing a Division I Proposal.

Let's Chat

Advantages of a Consumer Proposal

There are numerous advantages to a Consumer Proposal, which make it an attractive option for those facing serious debt.

Debt Forgiveness
The goal of a negotiated settlement is to reduce the amount you’re required to repay. Oftentimes, there is a substantial reduction in the amount repaid as compared to the amount owed, but every situation is different!
Asset Protection
You keep and retain control of all your assets, including your car, home equity, tax refunds, and future windfalls.
One Fixed, Affordable Monthly Payment
With a proposal, all eligible unsecured debt is bundled into one fixed, affordable, monthly debt payment, even if you owe multiple creditors. For those with many lines of credit to pay off, this relieves the stress of multiple payments and creates an organized, simple schedule to follow.
No Interest Payments
Interest stops accumulating as soon as you file your proposal, so the total debt amount is “locked in.” This is a major advantage over a “debt consolidation” strategy where you are subject to significant interest payments each month.
Legally Binding
Once the proposal is accepted in a vote by the majority of the unsecured creditors, it becomes legally binding on ALL your unsecured creditors – even those who did not vote in favour of it.
More Time To Repay
Any previous creditor timelines for repayment become null and void. According to the terms of the proposal, you will have 5 years to repay.
Creditor Protection
It stops all creditor actions, including calls, garnishments, legal action, and creditor harassment.
Credit Rating
With a proposal, there is less long-term impact on your credit rating, as compared to filing a 2nd bankruptcy, if you have a previous bankruptcy.

There are also disadvantages to a Consumer Proposal. The biggest one is that it typically takes longer to complete as compared to bankruptcy. However, this can mean that the monthly payments are lower than what you would be required to pay over a shorter period in a bankruptcy.

Want to Learn More? Talk to a LIT Today

Who Do You
Talk To?

A Licensed Insolvency Trustee also known as a Trustee or his administrator, licensed by the Office of the Superintendent of Bankruptcy. This means Trustees (including those at BNA) are federally regulated with oversight from various regulatory bodies to ensure we are abiding by a strong code of ethics. Trustees are the only individuals licensed to file and administer Consumer Proposals and Bankruptcies. 

The Trustee is responsible for providing a detailed review of your specific circumstances and educate you on your options for debt relief. Most Trustees provide an initial consultation for free. It is important to be cautious if you are being asked for payment, as this could mean you are not dealing with a Trustee, but rather an unlicensed debt consultant. 

Check out this news release from the Government of Canada for considerations when seeking help with your debt.

Did you know?

Trustees are officers of the Canadian Court. It is a Trustee’s duty to carry out legislation as set out under the Bankruptcy and Insolvency Act. This gives them the legal power to work with creditors and clients to create legally-binding agreements. Trustees ensure that the rights of both parties are protected, acting as an impartial “referee” between the client and their creditors.

They are NOT your legal representative or fiduciary (a person who holds a legal or ethical relationship of trust with one or more other parties).

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What Type of Debts are Eligible
for a Consumer Proposal?

While there are many different types of unsecured debts, some are more common than others. While it’s not always black-and-white which debts can be included in a Consumer Proposal, the following examples of unsecured debt are typically eligible: 

Credit Card Debt

Personal And/Or Bank Loans

Unsecured Lines Of Credit

Payday Loans

Insured Mortgage Deficiencies

Canada Revenue Agency (Tax) Debt

Vehicle Loan Shortfalls

Student Loans*

Statements of Claim/ Judgements*

Past Due Child/Spousal Support*

*Conditions and restrictions apply. Some of these debts will survive any insolvency process, but your Trustee will explain what pertains to your unique circumstances.

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What Type of Debts Aren’t Eligible?

Although it is a very useful solution, there are specific types of unsecured debts that a Consumer Proposal cannot service. This includes:

Ongoing amounts owing for child and/or spousal support, and any amount that survives for past due amounts.

Student Loan amounts where the debtor has not been out of school for more than 7 years.

Debts that arose from fraud, embezzlement, misappropriation, or defalcation while acting in a fiduciary capacity.

Court-imposed fines/penalties (eg. speeding tickets)

Fines, penalties or restitution orders imposed by the Court in respect of an offense.

Awards for damages in respect of bodily harm, sexual assault or wrongful death.

Ongoing amounts owing for child and/or spousal support, and any amount that survives for past due amounts.

Student Loan amounts where the debtor has not been out of school for more than 7 years.

Debts that arose from fraud, embezzlement, misappropriation, or defalcation while acting in a fiduciary capacity.

What Can Be Negotiated With Creditors?

Your Licensed Insolvency Trustee will review your unique circumstances and recommend a reasonable starting offer for your Consumer Proposal based on various factors such as your income, assets, and household size. Your monthly budget is also important to assess how much money you can allocate to debt repayment each month for the next 5 years.

This monthly payment will cover all of your unsecured debt, and eliminate the payments you are currently making. You are required to maintain your secured debt payments, such as your mortgage or car payments, if you wish to keep those assets.

Payments are made to your Trustee and held In Trust and are generally distributed to your creditors once a year. Each creditor will receive a percentage of the amount In Trust, based on the amounts owed to each creditor.

What factors does an LIT consider in structuring a consumer proposal payment amount?

Your Income

Your Assets

Size of Household

Your Monthly Budget

Creditors Vote to
take the better option: Consumer Proposal compared to Bankruptcy

In most cases, creditors will be asked to accept a significant reduction in what is owed to them. The reasoning is that even if it’s only a fraction, it would be better than the alternative, which is bankruptcy. If a bankruptcy is filed, creditors are only entitled to receive what is outlined in the Bankruptcy and Insolvency Act.

Creditors Vote to
accept or reject a Proposal

They can either accept, reject or counter your offer. 

For a Consumer Proposal to be accepted (and become legally binding on you and all of your unsecured creditors), it simply requires the majority of your creditors to vote in favour. 

As mentioned earlier, once accepted, even creditors who did not vote in favour will be required to abide by the terms.

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Key Steps Involved In
A Consumer Proposal

1. Meet With A Licensed Insolvency Trustee

2. Prepare Legal Documents

3. File Proposal

4. Creditor Review

5. Offer Accepted/ Rejected/Negotiated

6. Attain Court Approval (If Required)

7. Make Payments According to the Terms

8. Put Your Debt Behind You

1. Meet With A Licensed Insolvency Trustee

2. Prepare Legal Documents

3. File Proposal

4. Creditor Review

5. Offer Accepted/ Rejected/Negotiated

6. Attain Court Approval (If Required)

7. Make Payments According to the Terms

8. Put Your Debt Behind You

Is a Consumer Proposal Automatically Accepted?

The short answer is no. It is up to you and your creditors to agree on the terms of the Consumer Proposal for it to pass. There is no guarantee that your Consumer Proposal will pass as initially filed. It is up to the creditors to decide whether they accept, reject or counter your proposal anywhere in Alberta including Calgary and Edmonton. 

 

However, your Trustee will be working with you and the creditors to facilitate the process. (At BNA, we have an exceptionally high acceptance rate!)

Learn More

Tips on Choosing a Trustee (LIT)

When choosing a Trustee, it is always important to go with someone you are comfortable with and feel that you can trust (much like choosing a hairdresser, doctor, or even a mechanic). The Trustee will be working closely with you for the next 5 years, so having someone that you respect, like, and trust will be extremely important for a healthy working relationship.

When you are contacting a Trustee, be particular about how they operate and what kind of customer service you can expect. For example, if your initial call is answered from a call centre, once your file is in process, you may be dealing with an out-of-province administration team thereafter, with little to no contact with a Trustee or their immediate support staff. 

Sometimes choosing a smaller family firm like BNA, as opposed to a larger corporation, will mean you have continued access to the person you made that initial connection with. At BNA, we are proud to offer flexible proposal terms that suit your specific situation. We are not afraid to think outside of the box. Another bonus – smaller firms are often more open to taking on more complicated cases that larger firms may turn down.

 

Watch for red flags: Never give in to undue pressure to decide on a Trustee. If you feel pressured, you can get a second opinion from another Trustee at a different firm.

BNA Debt Solutions is celebrating 25 years of serving Albertans as a family-owned and operated business. We’ve gained a reputation for listening first and explaining your options second. Our recommendations are based on what’s best for you. 

Let's Talk

How Does a Consumer Proposal
Affect Your Credit Rating?

Canada has two Credit Reporting Agencies (also called Credit Bureaus): Equifax Canada and TransUnion Canada. Their job is to compile credit risk profiles on individuals, based on financial history. These profiles are used by banks, credit card companies, car dealerships, and other lenders to determine if the borrower is a good credit risk or not.

During the Proposal, the debts included in the Proposal will show as a 7 or a “Settlement” rating, which will show lenders that you are making regular payments through a debt management option. This rating will typically appear on your credit profile for 3 years following the final payment of your proposal – up to a maximum of 6 years from the date the proposal was filed.

The good news is that if you meet all of the terms, you will likely be able to successfully apply for credit much sooner than that, depending on your overall risk profile.

Click the links below to learn more:

Consumer Proposal
vs. Bankruptcy

Which Is Right for You?

Although it generally has a bad reputation, choosing bankruptcy can sometimes make more sense for different types of debts and circumstances. 

If you file for bankruptcy, you are still required to make payments to your Trustee, and these payments are calculated based on your monthly income, household size and your assets. If your income is low and you have minimal to no assets, bankruptcy may be the fastest and least expensive way for you to resolve your financial situation.  

For those with significant monthly income and/or significant assets, a Consumer Proposal can be a more feasible option as your monthly payments would be lower and you retain possession and control of your assets. 

Another important difference is that bankruptcy will typically appear on your credit report longer than a Consumer Proposal, which impacts your ability to build back good credit, especially if you have a prior bankruptcy.

No two cases are the same when it comes to managing personal debt. The best course of action you can take is to talk with a Trustee to figure out which path is right for you. 

For more information, check out this blog article:
Bankruptcy vs. Consumer Proposal.

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