How to file a Consumer Proposal in CanadaPosted on by Darren Crocker
Making a proposal to your creditors can be overwhelming, especially when you may not understand what is happening, the legal terminology being used, and the steps in the consumer proposal process. Below is a step-by-step explanation of the process you will go through when you make a formal arrangement with your creditors. Your Trustee will guide you through this process.
Deciding to take control of your debt takes a lot of courage. You are taking a positive step toward a financially stable future.
Set up a Free, No-Obligation Appointment
BDO Canada Limited has over 70 proposal administrators across Canada, available to help you review your financial situation and the process of making a proposal to your creditors. The first consultation is free and there is no obligation to act. At your consultation, the consumer proposal administrator will review your financial situation and ask for information about your income (what you earn), your assets (what you own), your monthly expenses (who you owe), and your outstanding debts (how much).
Confirm your Options
After reviewing your financial situation, the consumer proposal administrator will discuss with you your available options to get out of debt. The Trustee will help you make an informed decision about whether filing a proposal to your creditors is the most appropriate solution for you.
Preparing the Consumer Proposal
The consumer proposal administrator will help you prepare a proposal to your creditors that is reasonable and fair for all. The Trustee will help calculate the monthly payments you can make to cover your debts and will set up a timetable that outlines how many months or years it will take you to pay off the debt.
Consumer Proposal Submission
Your consumer proposal administrator will file your proposal and send a notice to all of your creditors advising them that you can no longer make payments to them. The creditors will then have 45 days to consider the offer. During this time, you do not have to make any payments to your creditors and they cannot take collection action against you. When the majority of the creditors (over half) agree to the proposal, all are deemed to have accepted it. Your administrator will also file a report that outlines your situation, the causes of your financial difficulty, and a summary of your assets and debts.
Meeting of Creditors (possible)
If we cannot get the majority of the creditors to agree to the original offer you put on the table, we negotiate with them to discuss what they are looking for as part of the settlement and then discuss modifications to the plan. We expect to reach an agreement with them and have your amended plan accepted. A meeting of creditors is not mandatory in a consumer proposal, but the Office of the Superintendent of Bankruptcy may request one to discuss the proposal. Creditors who make up at least 25% of all proven claims may also request a meeting. This meeting must be held within 21 days after being called. There, creditors vote with a simple majority of the dollar amount to accept, modify, or refuse the proposal.
If Your Proposal is Accepted
If no objection to the consumer proposal is received within 15 days after it is deemed accepted, the consumer proposal is then deemed approved by the court. Once this occurs, you and all of your creditors are bound by the proposal.
Fulfill your Duties
To successfully complete your proposal, you must fulfill the duties as outlined in the proposal:
Making your regular payments (or a lump-sum payment depending on the terms of the proposal you created with your consumer proposal administrator)
Attending two counselling sessions to help you understand the causes of your debt and assist you with budgeting and financial management
Adhering to any other conditions outlined in the proposal
If you have fulfilled your duties and met the terms of your proposal, your administrator will file the necessary final paperwork with the Office of the Superintendent of Bankruptcy and the creditors. Then, you will be legally released from the debts included in the proposal.