Should I File a Consumer Proposal or Bankruptcy in Canada?

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Featured answer

Generally speaking, a consumer proposal may be better if you can afford monthly payments and want to avoid bankruptcy while keeping assets; while bankruptcy may be better if no long-term payment is affordable and you have limited assets. Both are legal debt solutions administered by a Licensed Insolvency Trustee and both can stop most unsecured creditors’ collection actions once filed.

 

The right choice depends on your situation

Consumer proposal and bankruptcy are both legal solutions for serious debt. Neither is automatically better for everyone. The best choice depends on your income, assets, total debt, family size, creditor pressure and your ability to make monthly payments.

A Licensed Insolvency Trustee can compare both legal solutions against your other options so you can make an informed decision. Review the full range of debt relief options and see the official Office of the Superintendent of Bankruptcy comparison of debt solutions.

What a consumer proposal does

A consumer proposal is a formal settlement offer to your unsecured creditors. You may offer to repay part of the debt, extend the time to pay, or both. The proposal is filed by a Licensed Insolvency Trustee. If the creditors accept the proposal and you complete the proposal, then you are released from the included debts with a few exceptions. Interest and collections also stop on included unsecured debts and are forgiven along with the remaining principal once the proposal is completed. Official details are available from the Office of the Superintendent of Bankruptcy on consumer proposals.

What bankruptcy does

Bankruptcy is a legal process to discharge debts for people who cannot afford to make any long-term payments toward their debts. It can provide relief from many debts and stops most unsecured collection action; but it involves several duties, asset review, possible income-based payments, and credit consequences. Bankruptcy may be appropriate when there is no realistic way to afford a proposal and all other possible options have been exhausted. See the Office of the Superintendent of Bankruptcy page on bankruptcy discharge and its consequences.

Proposal may be a better fit when

A consumer proposal may be a better option when you:

  1. have a stable income;
  2. want to avoid bankruptcy;
  3. need one affordable payment;
  4. have assets you want to protect; or
  5. want to repay your debt but cannot afford to repay the full amount with interest.

It may also be a fit if your creditors would likely receive more through a proposal than they would in bankruptcy.

Bankruptcy may be a better fit when

Bankruptcy may be a better fit when:

  1. income is too low to afford proposal payments;
  2. debts are overwhelming;
  3. you have limited assets;
  4. you need a legal fresh start; and
  5. you have exhausted all other possible remedies.

For some people, bankruptcy may be the quickest and most affordable legal option. For others, it may be less attractive because of assets or income obligations.

Credit impact comparison

Both options affect the credit rating. A consumer proposal generally remains on your credit report as R7 for six years after the proposal is filed or three years after the final payment, whichever comes sooner. A first bankruptcy generally remains on the credit report as R9 for six to seven years after discharge. See the Financial Consumer Agency of Canada page on how long information stays on your credit report.

Credit impact should be considered, but it should not be the only factor. Ongoing missed payments and collections can also damage credit. The goal should be to take control of the debt first and rebuild credit later.

Asset comparison

A consumer proposal may allow you to keep assets while making payments to creditors. Bankruptcy requires an asset review, and non-exempt equity may need to be dealt with.

This is especially important for homeowners or people with valuable vehicles, investments, or other assets.

The main takeaway

Choose a consumer proposal if the payment is affordable and it protects your goals. Choose bankruptcy if repayment is not realistic and a fresh start is needed. Before deciding, speak with a Licensed Insolvency Trustee and compare both options side by side along with your other options, including debt consolidation and credit counselling.

Frequently asked questions

Is a consumer proposal better than bankruptcy?

It can be, especially if you can afford payments and want to avoid bankruptcy, but it depends on your situation.

Do both options stop collection calls?

Yes, both can stop most unsecured creditors’ collection actions once filed.

Can I switch from proposal to bankruptcy?

Yes, if your circumstances change and the proposal payments become unaffordable, or if a proposal fails, bankruptcy may become an option after a consumer proposal has been filed. Speak with your Licensed Insolvency Trustee before missing payments.

Can I switch from bankruptcy to proposal?

Yes, if your circumstances change or proposal payments become affordable, a consumer proposal may become an option after a bankruptcy has been filed—so long as the proposal is accepted by the creditors and deemed approved before the bankruptcy discharge date. In that case, the consumer proposal annuls the bankruptcy. Speak with your Licensed Insolvency Trustee before missing payments.

Speak with a Licensed Insolvency Trustee

Speak with David Sklar & Associates for a confidential review of your debt, assets, income and monthly budget. A Licensed Insolvency Trustee can explain your options and help you choose a realistic next step. 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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David Sklar & Assoc.4.9
Based on 2035 reviews
Mischa
1 day 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
2 days 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.
2 days 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
2 days 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
3 days 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.
gloria gjonak
3 days ago
⭐️⭐️⭐️⭐️⭐️+
Bill Blurton
3 days ago
I could not have hoped or wished for better service and advice given. Much appreciated.
Hirut Tedla
3 days ago
The kindest people ever. Keep up your best team work. Helping people that have problem is a blessing
Sharon Beckford
6 days ago
I dealt with Samycha and she was very professional did not judge me and handled my issues in a professional manner. I was very happy with all the help that's she gave me. Thank you very much Samycha and David Sklar & Associates for giving me peace of mind and a fresh new start
M3ch67
7 days ago
Great experience if you’re considering consumer proposal or bankruptcy. Sarwat Khan and her team explained things very clearly.