Consumer Proposal process in Kitchener
What is a Consumer Proposal?
An Insight into Consumer Proposals in Kitchener
A consumer proposal is a legally binding agreement that alters your repayment terms. Moreover, it is a formal recommendation to your creditors to pay off the debt that results in extending the time for repayment, lessening the amount of the debt, or lowering interest payments.
Do not worry!
The creditor receives all repayment amounts only through a Licensed Insolvency Trustee at Kitchener. For security reasons and according to government regulations, Consumer Proposals can only be created by a Licensed Insolvency Trustee.
To initiate the consumer proposal process, you need to:
- Provide the Licensed Insolvency Trustee (LIT) with a complete list of all your assets and liabilities.
- Attend the preliminary meeting with the creditors if an appointment is requested.
- Attend two counseling sessions.
- Advise the LIT of any address change.
- Assist the LIT during the management of the proposal.
Solutions offered by our Kitchener Consumer Proposal Trustee
While a consumer proposal may not be for everyone, it is one of the solutions provided by our debt counselors and Licensed Insolvency Trustees in Kitchener. Trustees like Dana MacRae offer a bankruptcy alternative, answering your debt issues.
Call (519) 954-3200 to discover more about Dana MacRae’s services and which financial solution is the right option for you.
Consumer Proposal Process
Know More About the consumer proposal process in Kitchener
The process for a consumer proposal in Kitchener and across Ontario involves the below steps:-
- The Licensed Insolvency Trustee files the proposal with the Office of the Superintendent of Bankruptcy (OSB).
- After you file the proposal, you quit paying your creditors.
These actions get suspended if your wages have been garnished or you have pending lawsuits. The Licensed Insolvency Trustee submits the proposal to the creditors. This report contains your current financial situation and the reasons for the economic hardship.
Meeting of Creditors
A meeting is immediately arranged without hesitation whenever one or more creditors are owed more than 25% of the total proven claims. Creditors have up to 45 days to either accept or reject the proposal or, if a conference of creditors is held, before or during the meeting. The Superintendent of Bankruptcy can also request the Licensed Insolvency Trustee to call a session within those 45 days. Upon being called, the creditors’ meeting must be held within 21 days. At the meeting, the creditors vote to accept or reject the proposal. Regardless of any objections, the proposal is automatically approved if no meeting is summoned.
At the meeting, there is a vote to accept or reject the consumer proposal. Here are the steps: –
- A creditor’s acceptance or rejection counts as a vote.
- A simple majority (over 50%) decides. The number of votes should be the same as the proven claims’ total value. For example, if the proven claims total $150,000 and the votes represent at least $75,001 of the shares, that is the simple majority that governs the ultimate decision. All other unsecured creditors must accept that vote.
- If there is no quorum of creditors present, the proposal is accepted automatically.
If the proposal is accepted, any interested party has 15 days to ask the Licensed Insolvency Trustee for a review by the court. The court approves the proposal if there is no request.
Acceptance of a Consumer Proposal
If the consumer proposal is accepted in Kitchener, you:
- Are liable for paying the LIT either a lump sum or periodic payments.
- Will be needed to conform to any other conditions in the proposal.
- Retain all properties and investments as long as you continue payments.
- Must attend two financial accounting sessions.
Rejection of a Consumer Proposal
If the consumer proposal is rejected in Kitchener, you:
- Make changes and resubmit during the creditor consideration period or at the creditor’s meeting
- Think about other alternate options
- Declare bankruptcy
Meeting the Conditions
You would be legally released from the debts listed upon meeting all conditions in the proposal. There are circumstances in which you can revive a proposal if it is canceled. If you miss three payments, or if your payments are above three months past due, the proposal gets withdrawn automatically. Your creditors are free to take action to gather the money they are owed, including accrued interest, unless the court ordered otherwise or the proposal has been amended.
Do you feel this is a complex situation?
If you have any queries or concerns, contact our experts at Dana MacAre. They are willing to help and clarify as much as possible. We help you make the best decision regarding your financial struggles. We are experienced and genuinely concerned about your future.
Contact us today without any hesitation at (519) 954-3200
Contact our office for more detailed information about this process and your situation.
Bankruptcy is not your only option
Bankruptcy is not the only solution when you face financial struggles. Canada offers several options; one among them is the Consumer Proposal. However, that is not the only alternative.
To determine the best course of action, you should arrange an appointment with one of our accredited debt counselors. You can handle this over the phone, via video conference, or in person.
It is free, and you are under no obligation to proceed. All our meetings are confidential, and we in no way judge your actions.
Articles we prepared on Consumer Proposals in Kitchener
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