Consumer Proposals, Another Option Under the Bankruptcy & Insolvency Act
What is a consumer proposal? A consumer proposal is a legal process that allows you to negotiate a settlement with your creditors.
It is an option that is provided under the Bankruptcy and Insolvency Act, but is not bankruptcy.
In fact, it is a very good way to avoid bankruptcy and the significant impact on credit on credit that is associated with filing for bankruptcy.
Proposals are often a good method to deal with debts by people who: o do not want to file for bankruptcy o have filed a bankruptcy in the past o have sufficient income to make a partial payment to their creditors but can't afford to make payments in full, or o want to escape the revolving door of high interest but are unable to qualify for a consolidation loan.
What are the advantages to filing a consumer proposal? A proposal has a number of advantages that can help to eliminate much of the stress associated with debt.
Some of the primary advantages that are associated with the filing of a proposal are as follows: o Creditor Protection - from the moment a proposal is filed there is an automatic Stay of Proceedings that comes into place.
This will immediately remove the ability of your unsecured creditors to garnishee wages, seize assets, sue you or in any other way pursue you for outstanding debt, including harassing phone calls.
o No interest - when you offer up a proposal, your creditors are prevented from charging you any additional interest or penalties associated with the monies specified in the proposal.
o One regular monthly payment - each month you will be responsible to make a payment to your Trustee.
This will be the only payment you are required to make and your trustee will semi-annually distribute these funds to your creditors.
As well, our fees will come out of this payment, so that at no time will you be surprised by an unexpected administrative charge.
o Reduced level of payment - in most instances you will find that a proposal results in a drastic reduction of the level of each of your monthly payments, which should make it easier for you to cover necessary living expenses.
o Regulated fees - the fees that a trustee may charge are set by a tariff contained in the Bankruptcy and Insolvency Act and are identical across the country.
This is done to ensure that all debtors are treated in a fair and equal manner.
At our first meeting we will explain the costs in detail and ensure that each monthly payment will include these fees so that you will know exactly what is expected of you.
The biggest advantage is that by filing a consumer proposal you will effectively take back control of your finances.
No longer will your creditors be able to dictate what you can or cannot do.
Filing a consumer proposal is an excellent option for many residents of Alberta who have more debt than they can handle but don't want to go bankrupt.
It is an option that is provided under the Bankruptcy and Insolvency Act, but is not bankruptcy.
In fact, it is a very good way to avoid bankruptcy and the significant impact on credit on credit that is associated with filing for bankruptcy.
Proposals are often a good method to deal with debts by people who: o do not want to file for bankruptcy o have filed a bankruptcy in the past o have sufficient income to make a partial payment to their creditors but can't afford to make payments in full, or o want to escape the revolving door of high interest but are unable to qualify for a consolidation loan.
What are the advantages to filing a consumer proposal? A proposal has a number of advantages that can help to eliminate much of the stress associated with debt.
Some of the primary advantages that are associated with the filing of a proposal are as follows: o Creditor Protection - from the moment a proposal is filed there is an automatic Stay of Proceedings that comes into place.
This will immediately remove the ability of your unsecured creditors to garnishee wages, seize assets, sue you or in any other way pursue you for outstanding debt, including harassing phone calls.
o No interest - when you offer up a proposal, your creditors are prevented from charging you any additional interest or penalties associated with the monies specified in the proposal.
o One regular monthly payment - each month you will be responsible to make a payment to your Trustee.
This will be the only payment you are required to make and your trustee will semi-annually distribute these funds to your creditors.
As well, our fees will come out of this payment, so that at no time will you be surprised by an unexpected administrative charge.
o Reduced level of payment - in most instances you will find that a proposal results in a drastic reduction of the level of each of your monthly payments, which should make it easier for you to cover necessary living expenses.
o Regulated fees - the fees that a trustee may charge are set by a tariff contained in the Bankruptcy and Insolvency Act and are identical across the country.
This is done to ensure that all debtors are treated in a fair and equal manner.
At our first meeting we will explain the costs in detail and ensure that each monthly payment will include these fees so that you will know exactly what is expected of you.
The biggest advantage is that by filing a consumer proposal you will effectively take back control of your finances.
No longer will your creditors be able to dictate what you can or cannot do.
Filing a consumer proposal is an excellent option for many residents of Alberta who have more debt than they can handle but don't want to go bankrupt.