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A consumer proposal is a legally binding process under the BIA that enables people to pay a significantly reduced (for example up to 80% reduction)amount of their outstanding unsecured debt, over a period of not more than 5 years, after which they will be released from most, if not all their unsecured debt. Only a licensed insolvency trustee can legally help you reach an agreement with your creditors under the BIA. Your monthly payments will be based on your income, expenses, assets, and what you can afford to pay. The proposal is a fair solution for everyone involved and allows you to keep your assets, such as your car and your home.
A Consumer Propsal, can reduce what you owe BY UP TO 80%
*This is a tool for comparisons purposes only. We have used average interest rates in these calculations and the most common consumer proposal terms. The exact results may vary depending on the actual interest rates of your debts and the exact status of your financial situation.
Secured Debt is any loan you have applied for where the lender can seize the asset if not paid, like a Mortgage or car loan.
Unsecured Debt is any loan you have received where the lender has no right to your assets, for example items purchased on a credit card, personal loan, or payday loan, cannot be seized if you are unable to make payments. A Consumer Proposal is designed to help people with this type of unsecured debt.
Once your Consumer Proposal has been filed by your Trustee, your unsecured creditors will look it over and decide whether or not to accept the offer. If the majority of creditors vote to accept your Proposal, and the Court approves it, your Consumer Proposal will then go into effect. If your Proposal is rejected, you will be able to work with your Trustee to revise and/or consider a counter offer for your Proposal or consider other options such as Bankruptcy.
Here is a comparison of what someone with $50,000 of debt may pay back after filing for a consumer proposal, versus a debt consolidation loan or trying to pay it back on their own.
Many people find that a consumer proposal is a better option for debt relief than a debt consolidation loan. A consumer proposal allows you to pay back a smaller, reduced portion of your total debt and completely eliminates your high – interest payments.
A consumer proposal is a legally binding agreement that will protect you from creditors, stop collections calls, wage garnishments, and allows you to keep your assets. A debt consolidation loan does not offer this protection and can still leave you exposed to collection call harassment and legal action.
We work with your budget to structure payments based on what you can afford. Take the time to learn about your options and then decide if this is the direction you want to take. You are under no obligation to sign anything after your free consultation. Our goal is to help take away your stress, not give you more.
The average interest rate on credit cards in Canada is 19%. The Canadian Government law is that lenders are not legally permitted to charge interest rates that exceed 60%. There are various types of non-bank loans, all of which have high-interest rates:
*Payday loans are exempt from the 60% interest rate limitation, therefore the annual interest rate on a payday loan is close to 400% or higher if you miss payments.
|Loan Amount||Monthly Payment||Interest Rate||Total Cost|
(Over 5 years)
(Over 5 years)
*Interest rates can fluctuate based on lender.
Consumer Proposals in Ontario can only legally be filed and administered by a licensed Insolvency Trustee. By working with a Trustee, you will be able to determine if a Consumer Proposal is in your best interest. We offer a free initial consultation, where your finances will be reviewed in detail, and all of your debt removal options will be explored.
Once a consumer Proposal is determined to be your best debt solution you then work together with your Licensed Insolvency Trustee, to develop a Proposal that is acceptable to both you and your unsecured creditors.
The Trustee will then file your Proposal. The filing of your Proposal will require your unsecured creditors to stop any legal actions, wage garnishees, and collections against you. At this point, interest on unsecured debts stops accumulating. Filling will also mean that you will stop making any direct payments to your unsecured creditors.
The Trustee will then submit the Consumer Proposal and a report of your financial situation (including the reasons for your financial problems) to your creditors for approval. Your creditors then have 45 days to accept or reject your Proposal. Based on reports from your Trustee and the decision of your creditors, your Proposal is deemed accepted if no objection or request for a meeting is received from your creditors. Further, after 15 days from creditor approval, it is considered accepted by the Court.
If your Consumer Proposal is accepted, you will:
a. Make the required debt payments as agreed upon to the Trustee who will distribute the funds
b. Attend two financial counseling sessions
c. Report any changes to your address or telephone contact information
d. Keep your assets (as long as you make the required payments to your secured creditors)
e. Accept that your credit record will now contain the details of your Consumer Proposal. The Proposal will remain on your credit history for a period of three years from the date you have completed the Proposal in full and have been legally released from the debts it covers.
If your Consumer Proposal is not accepted, you may:
a. Resubmit your Proposal after having made reasonable changes
b. Review your situation to see if you have any other options of paying your debts
c. File for bankruptcy
Now that your proposal is accepted, how does it end?
a. If you complete and fulfill all of the conditions of your Consumer Proposal, you will be legally released from the debts covered in your Proposal.
b. If you fail to meet the conditions of your Consumer Proposal (specifically, if you miss three months of payments without filing an Amendment to your Proposal) the Proposal will be deemed annulled. Your creditors will be able to take all necessary legal actions to collect the debts you owe them.
The difference between bankruptcy versus consumer proposals is that bankruptcy requires you to surrender your assets to repay your debts. A proposal, however, allows an individual to make an agreement with creditors on debt repayment terms. If you are unsure whether a Proposal or bankruptcy is best for you, we can help advise you on the best option for your debt situation.
A Consumer Proposal covers all of your unsecured debts. That means credit card debt, unpaid utility bills, payday loans, and even money owed to the Canada Revenue Agency. The Proposal is for debts under $250,000 (not including your mortgage). If you owe more than$250,000, you may be eligible for a Division 1 Proposal.
A Consumer Proposal does not usually include the sale or disbursement of assets. If you have a mortgage on your house, you will have to continue making your payments to keep your house. The same goes for your car loans or any secured loans. Secured debts, such as mortgages on homes and car loans, are not covered by the Consumer Proposal.
The time needed for filing a consumer proposal will be dependent on your timeline of meeting a Licensed Insolvency Trustee, providing all of the required information to prepare the proposal and signing the proposal.
The maximum amount of time that Consumer Proposals can last is 5 years (60 months),however, Proposals can be set up for any number of months. The following time frames are the most common:
In addition, you can also make a lump sum proposal to your creditors. This can be enticing for your creditors as they can recoup part of their funds in an expedited time frame and have it wrapped up quickly. We can provide more information in this regard once we have met with you and assessed your situation. Lump sums can be paid in full upon acceptance; there are no monthly payment terms. Proposals can prove to be a flexible way for you to settle your debt. We can prepare a proposal that can meet your budget and your financial situation.
People often want to pay off their proposal sooner rather than later because it remains on your credit history for three years. That said, there is no interest costs involved in paying the proposal over the full term. Taking out a loan to pay off the proposal, on the other hand, will require you to pay interest over time. This means that, with a loan, you will actually spend more to pay off your debts.
You will need to speak to your Trustee regarding your unique situation.
Your Proposal cost will depend on factors such as your monthly budget and the value of your estate. Speak with your Trustee to get specifics on your situation.
If you have kept your mortgage payments up to date, can prove that you will be able to promptly make mortgage payments in the future, and meet your lending institution’s requirements, you should be able to qualify for a renewal. You will need to discuss this with your lending institution.
If you are behind three months of your payments on your Proposal and do not file an Amendment to your Proposal, your Proposal will be deemed annulled and your Proposal will no longer be a legally binding agreement. Your creditors will be free to take legal action against you for the full amount of the debt you owe them. You may have to file for Bankruptcy if you default on your Proposal and your Trustee will be able to advise you on this.
This would depend on the amount of debt. If it proves to be nominal, your proposal may continue as offered. However, if the amount of the debt you forgot is significant, you may be required to increase your proposal payment. Your Trustee will advise you of any necessary action.
That is something that can only be determined by you and a Trustee after reviewing the details of your financial situation.
We will help you review and understand your current financial situation and we will carefully explain and assist you in evaluating your options. Once you understand your financial situation and understand the options available, you will then be able to decide if a consumer proposal is right for you.
Once you complete your Consumer Proposal, you will be released from paying most, if not all the unsecured debt covered in your Proposal. Normally, the amount of debt you can afford to repay in a Proposal is less than the actual amount of debt owed, however, in some scenarios payment of your full debt may be required, albeit with no interest and monthly payments you can afford.
At David Sklar & Associates, our team is here to help you every step of the way. We not only explain every option available to you, we also give you the tools to help rebuild your wealth. Speak to one of our licensed debt professionals today. Let us show you there is hope and a way to financial freedom! The calls will stop, the stress will disappear, and you can start focusing on your future!
While still in the process of completing a consumer proposal, getting a credit card can be difficult.
With a consumer proposal and how long it takes to file a consumer proposal will depend on the following steps with regards to the actual time.