A proposal is an offer to your creditors to settle your debts and is administered by a Trustee or an Administrator under the provisions of the Bankruptcy and Insolvency Act. The advantages of a proposal are that:
There are two types of proposals under the Bankruptcy and Insolvency Act. A consumer proposal is used if you have less than $250,000 of debt, excluding the mortgage on your principal residence. A Division I proposal is used in those cases where you do not qualify for a consumer proposal.
Once a proposal has been filed, no creditor may continue any action, garnishment, proceeding or seizure against you or your assets without leave of the Court. If someone has, or is threatening to, seize any of your assets or garnish your wages, you should contact one of our offices or call 1-888-455-6060 immediately to seek advice as to your rights.
An approved consumer proposal is binding on all unsecured and secured creditors who file provable claims under the consumer proposal. A consumer proposal can be approved in two ways:
If a consumer proposal is not approved, you will not automatically be bankrupt.
An approved Division I proposal is binding on the unsecured creditors and all classes of secured creditors who have voted in favour of it. There must be a meeting of creditors to consider the Division I proposal and to vote on its acceptance or rejection. In order to have the Division I proposal approved, the unsecured creditors must vote in favour of its approval by a majority of the creditors (by head count) and by two-thirds of the amount of the creditors' claims (in dollars). If the unsecured creditors reject the proposal, you will be deemed to have filed an assignment in bankruptcy and will immediately become bankrupt.
Generally for creditors to vote in favour of a proposal the proposal should offer the creditors something better than they would receive if you went bankrupt. Even if the proposal offers something better than bankruptcy, the creditors will not always vote in favour of it and, in some instances, the significant creditors will request improved proposal terms in order to obtain their favourable vote.
A proposal for an individual is generally structured to provide a manageable monthly payment to the Trustee who then distributes the net funds to your creditors. Occasionally, a proposal will include a lump-sum settlement. The proposal could also include provisions whereby you sell some of your assets and pay the proceeds to the Trustee for your creditors. In reality the proposal can be anything that works for you and is acceptable to your creditors.
In order to structure a proposal, you will need to consult with a Trustee to discuss your current situation, assets and creditors.
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