Insolvencies – Bankruptcy and Consumer Proposals, Oh My!
February 28, 2019
by Marianne Steele-MacSween
– bankruptcy and consumer proposals, are hot words in the debt relief
community. Have you ever wondered what these words really mean to someone
facing a financial crisis?
day, I work with people who are overwhelmed and confused by what options are
available to them. I understand that these buzz words can be intimidating,
especially when you’re faced with increased stress due to financial hardship..
Office of the Superintendent of Bankruptcy has released the 2017 statistics.
Here is a breakdown of how Nova Scotians faired
compared to 2016:
total, there were 5773 filings, which is a decrease of 4.2%
Bankruptcies decreased by 9.5%
Consumer proposals increased by 8.7%
every situation is unique, it is important that you work with a Licensed
Insolvency Trustee (LIT) to determine your best path forward. Both bankruptcy
and consumer proposals are legal processes that provide immediate relief from
unsecured debt, but there are significant differences between the two.
start with consumer proposals. If you owe between $1,000 and $250,000 in
unsecured debt and you have the ability to repay a portion of this, a consumer
proposal may be your better option.
if you owe $1,000 or more, do not have the ability to pay your debts and your
asset value is less than your debt amount, bankruptcy might be the route you must
take. There is no limit to the amount owed over $1,000.
consumer proposal is a formal agreement with your creditors. The creditors vote
on the proposal. The proposal terms are based on your ability to repay your
debt. Consumer proposals offer more flexibility and examine your financial
situation to propose a realistic repayment plan. You retain possession and
ownership of your assets. You are required to attend two financial counselling
is a structured process with no flexibility.
You can voluntarily assign yourself into bankruptcy or a creditor can place you
into bankruptcy through a Court Order. Upon bankruptcy, all your assets vest
with the LIT, including tax refunds (some exemptions apply). The LIT has a duty
to liquidate assets that have value and disburse the resulting funds to your
bankruptcy, you must complete monthly budget sheets and attend two financial counselling
sessions. A Certificate of Discharge (release from bankruptcy) is obtained
after a 9 or 21 month administration period of a first time bankrupt (income
determines length of time – 9 or 21 months). The credit bureau’s policy is to remove the bankruptcy
dates 6 years from the date of discharge.
you feel like you are buried in debt and can’t get your head above water, I
strongly recommend that you speak to a LIT about your options. Consumer
proposals and bankruptcies are last resorts. It may not be too late to seek
other options, like working with creditors, requesting lower payments or
reduced interest rates, or consolidating your loans.
I invite you to email me at firstname.lastname@example.org with questions you would like answered in this article, or just to chat more about your debt relief options.
For more than 30 years,
MacKenzie, Gillis, MacDougal Inc., Licensed Insolvency Trustee, operating as MGM
Trustee, has helped thousands of people take control of their finances. With
multiple locations throughout Cape Breton, our compassionate, knowledgeable and
experienced team is here for you.