What Happens If You Default on a Consumer Proposal?

What Happens If You Default on a Consumer Proposal?

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Have you recently started a consumer proposal, or are you considering filing one? If so, you may have concerns about what happens if you default on a consumer proposal or fail to keep up with your monthly payments. In this article, we explain the consequences of defaulting on a consumer proposal and your options if you do.

The Consequences of Not Paying Your Consumer Proposal

Once the court approves your consumer proposal, it becomes a legally binding agreement between you and your creditors. Under this agreement, your most important responsibility is making monthly payments to your trustee. In turn, your trustee distributes the funds to your creditors.

You’re only allowed to miss two payments during your proposal (though you’re still responsible for covering these missed payments at the end of your proposal term). Your consumer proposal is deemed annulled if you miss three or more payments. In other words, the agreement is cancelled.

If a deemed annulment occurs, you become responsible for your debts in full again, including any interest accrued since filing your proposal. In addition, you lose the legal protection that a consumer proposal offers from creditors. Your creditors are now free to resume collection actions against you. These may include collection calls, wage garnishments, and bank account freezes. They can also register a lien on your home.

Can you reinstate your consumer proposal after defaulting?

Yes, it’s possible to revive your consumer proposal after you’re defaulted. Your trustee can help you do this, provided your unsecured creditors agree to revive the proposal and you get your account current. You have 30 days to reinstate your consumer proposal after the default date.

What happens if you miss the 30-day deadline? In that case, it’s still possible to revive your proposal, but you’ll need permission from the court. Unfortunately, this route can be expensive and may require assistance from an insolvency lawyer.

Your options if you can’t afford your consumer proposal payments

During your consumer proposal, you may experience a financial setback that prevents you from making your monthly payment. Here are some options to consider if your consumer proposal becomes unaffordable:

Rework your budget

Review your monthly spending and brainstorm ways to lower your expenses. A few minor tweaks to your budget could free up enough cash for you to complete your proposal and avoid default. Discretionary items like streaming services and restaurants are good places to begin your cost-cutting mission since you can survive without them. You can also negotiate recurring bills for cell phones, internet, and car insurance.

Use financial windfalls

Have you recently received a large, unexpected amount of money? You may have filed your taxes and realized you’re getting a big refund, or your boss was extra generous with Christmas bonuses this year. If so, consider applying this financial windfall toward your proposal payments. Alternatively, keep the funds in reserve as a financial cushion in case you fall behind on your payments in the future.

Under a consumer proposal, you’re free to make lump-sum payments toward your balance whenever you wish. So, applying extra money when you come across it is wise. Not only do you avoid defaulting on your proposal, but you pay it off faster.

Amend your proposal

Under Canada’s Bankruptcy and Insolvency Act (BIA), you have the right to amend your consumer proposal if your financial situation has worsened since your filing date. Amending a proposal involves asking creditors to change the terms of the agreement to better suit your needs. Your LIT will help you determine a lower monthly payment and file the amendment for your creditors to consider. There are no additional fees you have to pay to make the changes.

However, there are risks with altering the terms of your consumer proposal. If your creditors reject the new offer, your proposal automatically fails, which means your debts become due in full. The reason is that when you submit the amended proposal, the current one no longer exists, so you cannot return to it. Therefore, if you pursue this strategy, choose your terms wisely to ensure creditors accept the offer.

Your trustee can advise whether amending your proposal is a good idea or switching to bankruptcy is better. We explain the latter option below.

Convert your consumer proposal to bankruptcy

Many people file a consumer proposal to avoid bankruptcy. But sometimes, the latter solution is more practical and effective. If you’re financially in bad shape and anticipate missing three proposal payments, bankruptcy makes more sense. This is especially true if you’ve only recently started your consumer proposal and have a substantial amount left to pay under your agreement.

If you default on your proposal, bankruptcy may be your only option for eliminating unsecured debts, as you cannot file a new proposal. However, defaulting doesn’t mean you’re legally bankrupt – you must still apply to begin the process. You can file for bankruptcy before or after you default on your proposal.

The bottom line on defaulting on a consumer proposal

A consumer proposal can be a highly effective tool for reducing your unsecured debts. But you’ll only benefit from this debt-relief program if you keep up with your monthly payments. Once you miss three payments, the proposal is annulled, and your creditors can resume their collection activities.

If you struggle to maintain your proposal payments, address the issue honestly. Maybe you’ve strayed too much from your budget? If so, the solution may be to simply reign in your spending.

However, if your income has dropped significantly, amending your proposal or filing for bankruptcy may be a better option to explore. Regardless of your situation, talk to your Licensed Insolvency Trustee (LIT) if your consumer proposal is too much to handle. They can help you make the best decision to deal with your debts.

Are you contemplating filing a consumer proposal but still unsure if it’s the best way to get the debt relief you need? Learn more about the differences between a consumer proposal and bankruptcy.

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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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!"
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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
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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.
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