The 5 Steps in a Consumer Proposal
Step #1 – Consultation with trustee
You have a FREE confidential consultation at the trustee’s office. You
will have provided the trustee the information form from our website so
that the trustee has all the necessary information to give you the best
advice on your options.
If you have the ability to make a proposal to your creditors the trustee will
explain the proposal rules to you. (next slide)……HOME
The 5 Steps in a Consumer Proposal
Step #1 – Consultation with trustee (continued)
• Proposal Rules:
• Cannot owe more than $250,000, excluding house mortgage;
• Term cannot be for more that 5 years;
• Creditors must be better off than if you file for bankruptcy;
• “Better off” can mean:
• Payments are made monthly over time;
• A third party such as a relative puts up lump sum to paid only
if the creditors accept the proposal.
• Must be filed with a trustee in bankruptcy.
HOME
The 5 Steps in a Consumer Proposal
Step #2 – Sign the Documents
Think over and digest the information received at the trustee’s
office. If you decide to go ahead phone the trustee’s office
and set up a time to go back to sign the documents.
This meeting will take about an hour.
HOME
The 5 Steps in a Consumer Proposal
Step #3 – Creditors consider the proposal.
The trustee sends the creditors a report on the financial affairs of the person
including the causes of financial difficulty; a copy of the proposal; a list of
creditors and the trustee’s recommendation and reason why the creditors
should accept the proposal.
If no objection to the proposal is received within 45 days of the filing of the
proposal it is deemed to have been accepted by the creditors. If no objection is
received within 15 days after the deemed acceptance it is deemed to have
been approved by the court. If any creditor dissents a creditors’ meeting is
required. (next slide)..… HOME
The 5 Steps in a Consumer Proposal
Step #3 – Creditors’ meeting to consider the proposal.
Creditors vote at the meeting with a simple majority of the dollars voted
deciding on acceptance or refusal of the proposal. If the proposal is accepted
all the creditors, including the ones who voted against the proposal or did not
vote, are bound by the terms of the proposal.
If the creditors do not accept or the court does not approve the consumer
proposal, the debtor cannot make another consumer proposal. The debtor is
not automatically bankrupt if the consumer proposal is not accepted.
HOME
The 5 Steps in a Consumer Proposal
Step #4 – Creditors approve the proposal.
The vast majority of consumer proposals are accepted by the creditors
because the creditors are better off financially than if the person goes
bankrupt.
HOME
The 5 Steps in a Consumer Proposal
Step #5 – Proposal is completed.
The trustee will issue you a Certificate of Full Performance to certify that the
proposal has been fully performed. All your eligible debts are now erased.
The credit bureau is notified of the full performance of the proposal and in 3
years the record of the proposal will be removed from your credit report.
The Certificate of Full Performance is an important document and should
be kept in a safe place. HOME
The 5 Steps in a Consumer Proposal
Summary
Step #1 – Consultation with trustee;
Step #2 – Sign the Documents;
Step #3 – Creditors consider the proposal;
Step #4 – Creditors approve the proposal;
Step #5 – Proposal is completed and eligible
debts erased.HOME