Can I Settle My Debt Without Filing for Bankruptcy?

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Featured answer

Yes, many Canadians are able to settle their debt without filing for bankruptcy. There are many possible options, and the right option depends on your income, expenses, assets, and debts, and other factors. One common legal option is a consumer proposal, which allows you to make an offer to repay part of your unsecured debt through a Licensed Insolvency Trustee. Once the consumer proposal payments are completed, the remaining balances of the unsecured debts are forgiven, with a few exceptions.

 

Bankruptcy is not the only option

Many people wait too long to ask for help because they assume that bankruptcy is the only option. However, in Canada, bankruptcy is just one of several debt solutions. Depending on your situation, you may be able to settle your debt through an informal settlement, a consumer proposal, or a consolidation loan.

The first step is to understand the difference between an informal settlement and a formal legal settlement.

What is informal debt settlement?

Informal settlement means you (or an agent on your behalf) try to negotiate directly with creditors. Creditors may settle for less than what you owe through a workout. You might offer a lump sum payment to settle the debt, offer to make lower payments over time, ask for a lower balance, or ask to reduce the interest rate. This can work in some limited situations, especially if you have access to funds to offer a lump sum payment and the creditor agrees. These types of arrangements work well when you have very few creditors and the arrangement is well-documented with a signed agreement and a release.

The risk is that creditors do not have to accept the offer. Interest may continue. Collection calls may continue. If the agreement is not well-documented by a signed agreement, the creditor may still decide to sue for the full balance, garnish wages or take other collection steps if they are legally able to do so.

What is a debt management plan?

A debt management plan is an informal repayment program arranged through a credit counselling agency where you pay your debts in full—typically within four or five years—by consolidating payments into one monthly amount and often at reduced (or no) interest. The agency distributes your payments to the creditors on your behalf; but since creditor participation is voluntary and the full principal must be repaid, it differs from formal insolvency options, which can offer a reduction of the amount paid.

What is formal debt settlement?

Formal debt settlement means you try to negotiate with creditors through a legal process and with the assistance of a licensed professional. Since formal debt settlement is a legal process, it tends to offer more legal protection and certainty of result.

What is a consumer proposal?

A consumer proposal is a formal legal process administered by a Licensed Insolvency Trustee (“LIT”). The LIT helps you make an offer to your unsecured creditors. The offer may be to make payments over time and pay back a percentage of what you owe, extend the time to pay, or both. Once the consumer proposal is completed, the remaining balance of the unsecured debts are forgiven, with a few exceptions.

Once filed, a consumer proposal offers legal protection that can stop the collection actions of the unsecured creditors. That can include collection calls, lawsuits, and wage garnishments, all of which are stopped by a legal stay of proceedings. Interest on included unsecured debts stops as well and is forgiven upon completion of the proposal. For official information, see the Office of the Superintendent of Bankruptcy’s page on consumer proposals.

Why do people choose a consumer proposal over bankruptcy?

A consumer proposal may be attractive because it can allow you to avoid bankruptcy while still dealing with debt through a legal process. Many people also like that they can make one monthly payment that is fixed and distributed to all the creditors by the LIT.

A consumer proposal may help when you have a steady income and can afford to make payments but cannot afford to repay the full debt with interest. A consumer proposal may also be worth reviewing if you own a home, vehicle or other assets, and you want to understand whether you can keep them by taking control of your unsecured debts.

What debts can be included?

Consumer proposals commonly include unsecured debts such as credit cards, unsecured lines of credit, payday loans, unsecured personal loans, income tax arrears and some older student loan debt. Some debts may not be released by bankruptcy or consumer proposal, such as new student loan debt, so it is important to speak with an LIT before assuming every debt will be treated the same way. Learn more on the David Sklar & Associates Consumer Proposal page.

When bankruptcy may still need to be considered

Bankruptcy may make sense when income is very limited, there are few assets, and a consumer proposal payment is not affordable. It can also be an option when creditors are unlikely to accept a consumer proposal. A Licensed Insolvency Trustee (“LIT”) can compare both options so you can understand the costs, timelines, credit impact, and asset impact before deciding.

How to know whether formal settlement is realistic

Formal settlement is a realistic option when the monthly payment fits your budget and offers the creditors more than they may receive in a bankruptcy scenario. The LIT will review your income, expenses, family size, assets, and creditor balances, and will explain the advantages and disadvantages of all your options.

The goal is not to create a payment that sounds good on paper but is doomed to failure. The goal is a payment that you can actually maintain.

The main takeaway

You may be able to settle your debts without bankruptcy, but the safest path depends on the kind of debt you have, how much you owe, and whether creditors are already taking action. A Licensed Insolvency Trustee can explain your options and help you compare bankruptcy to your other options before you make a decision. For guidance on what happens after filing, see the Office of the Superintendent of Bankruptcy information on creditors contacting you after filing a bankruptcy or proposal. Consumers should also be aware of warnings about debt and credit repair services from the Financial Consumer Agency of Canada.

Frequently asked questions

Can creditors refuse a consumer proposal?

Yes. While most proposals are accepted, creditors do vote on the proposal and may reject the proposal offer and try to negotiate. A Licensed Insolvency Trustee helps structure the offer based on your situation and taking into consideration what creditors may reasonably be expected to accept.

Does a consumer proposal stop interest?

Yes. Interest stops on unsecured debts discharged by a proposal once it is filed and is forgiven along with the principal unsecured debt when the proposal is completed.

Can I settle tax debt without bankruptcy?

Yes. Many income tax debts can be included in a consumer proposal, but the details should be reviewed with a Licensed Insolvency Trustee.

Speak with a Licensed Insolvency Trustee

Speak with David Sklar & Associates for a confidential review of your debt, assets, income and expenses. A Licensed Insolvency Trustee can explain your options and help you choose a realistic next step to help you solve your debt problem. Book a free consultation today.

Take Your First Step Towards A Debt Free Life

If you are overwhelmed by debt, call us at 1-844-962-9200 to book a FREE, confidential appointment. We will review your financial situation in detail and discuss all of your options with you. Alternatively, you can fill out the form below and our team will reach out to you. 

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Paddy Sandy
1 day ago
I want to give a big TY to BIBI, Jo, Rhoda, Christina and all the staff at David Sklar, for making such a confusing, embarrassing, stressful, time in my life, so much easier to deal with. The level of patience and understanding they carried, during my learning process of the whole bankruptcy path, was truly a blessing. I was lost, tired, sick of the collection calls, threatening letters, embarrassed to tell anyone how far in over my head I was. But they made it easy, worked with me, and helped me to understand the bankruptcy act and what my responsibilities were, as well as theirs. I am now 3 months into my debt free life, and can now look forward to the future, and answer my phone. Ty so much to all, I will definitely be referring people I know are struggling, to ur company in the near future
Victor P
4 days ago
From beginning to end, Shayne was a tremendous help. Thanks so much once again!
S88 19
5 days ago
Great service, very informative staff, and a special thanks to Mo Patel for how well he handled my case, always returning calls to clear up questions I had and a very positive vibe that allowed me to feel stress free during a very stressful process.
Pierre Bouffard
5 days ago
It was a positive experience. Serena is very kind and knowledgeable. She made me feel comfortable and confident throughout the entire process. Thank you for everything!
Mischa
7 days ago
Disha Chauhan at David Sklar & Associates made the consumer proposal process completely seamless. She was professional, empathetic, and went above and beyond—even providing quick responses after hours to ease my worries. Disha explained every step clearly and lifted a massive financial weight off my shoulders. I highly recommend her and the firm to anyone needing a fresh start!"
Rafa Trabal
1 week ago
I contacted David Sklar & Associates by filling out a form on their website. That same day, a firm representative contacted me to schedule my initial consultation. I requested to speak in Spanish, and they connected me with Beatriz Cabrera. That’s where the magic happened. Beatriz was very kind and clearly explained the best option for my current situation. She stayed in constant contact with me to gather all the documentation needed to start my proposal. I highly recommend this company; the entire team does an amazing job. Thank you so much.
Lisa E.
1 week ago
Thank you Jennifer Ricaplaza & Team! Jennifer was amazing from the very beginning. She took the time to help me understand my options and explained everything thoroughly, patiently, and with genuine care. I never once felt rushed. Jennifer is incredibly kind, warm, and compassionate. She was extremely sympathetic to my situation and always made me feel heard and supported. I asked many (MANY!) questions throughout the process (sometimes more than once!) and she never hesitated to take the time to answer them. At every step, she would also check in and ask how I was feeling, which meant more to me than she probably realized. I am SO grateful to the entire team, and especially to Jennifer, who truly took the time to get to know me and understand my situation. She is exactly the kind of person you want representing your company — professional, caring, compassionate, and genuinely invested in her clients. You are very fortunate to have such a wonderful person on your team. A heartfelt thank you as well to Stephanie and the trustee, Chris, for their help and support throughout the process. Thank you all so much for making what could have been an overwhelming experience feel much easier and more manageable. I am truly grateful.
Amelia Lelis
1 week ago
I recommend David & sklar for those needed help,its very nice and kind with Samycha Francis shes the one who help me through the process .she.explained to me well in details.i hate paper works.but she was the one who make it easier for me.. For Samycha F thank you so much and mire power to you.keep up the good works. From Amy L
Hugh Johnson
1 week ago
I had an excellent experience working with Trina, my consumer proposal agent at David Sklar & Associates. From our first conversation, she was professional, knowledgeable, patient, and genuinely understanding of my situation. Trina explained each step of the process clearly, answered all of my questions thoroughly, and kept me informed throughout. Her guidance made an otherwise stressful and overwhelming experience feel manageable. I always felt respected, supported, and free from judgment. I’m truly grateful for the help and reassurance Trina provided. If you’re struggling with debt and considering a consumer proposal, I highly recommend speaking with Trina and the team at David Sklar & Associates. Their professional and compassionate approach can make a meaningful difference in helping you regain control of your finances and move forward with confidence.
Bill Blurton
1 week ago
I could not have hoped or wished for better service and advice given. Much appreciated.