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A consumer proposal is a legal process that allows a debtor, an insolvent
person or business, an opportunity to settle their debts without filing
bankruptcy.
Your approved proposal stops Judgments and Garnishments and allows you to repay
your debts as though they had been consolidated with a loan. This
process is interest free and you may pay
less than you actually owe. The balance of your debts are forgiven
and reported to the Credit Bureau as "paid in full" A
Consumer Proposal may work for some, and be a terrible waste of
money for others.
If you are married, or living common-law and you both signed on the majority
of the debt, you may file a joint proposal.
You may read more about Consumer Proposals in "Dealing
with Debt: A Consumer Guide" published by the Office for the Superintendent
of Bankruptcy. Our offices carry this guide, contact the one nearest you.
At Par-O-Law we negotiate settlements with your creditors outside the
Court. We negotiate directly with your creditors to arrange a suitable
repayment plan which accommodates your current financial situation. We
are frequently able to settle debts at zero interest.
This process is called an Informal Proposal. If you only have two to
five creditors, this option may best suit your needs.
NOTE: Student loans are normally owed to
three creditors; the federal government, the provincial government and
the bank risk portion. The bank risk portion may not be protected by legislation,
it may have the same status as a credit card debt.
If your total debt is more than $10,000.00 and less than $75,000.00 excluding
the mortgage on your home, and you cannot meet your monthly payments, you
can make a consumer proposal to your creditors.
If your total debt exceeds $75,000.00 not counting your home, you may still
make a consumer proposal but in these cases if your proposal is
rejected by your creditors you are automatically bankrupt. Par-O-Law
Canada Inc. has a fiduciary responsibility to its clients to protect
their assets against seizure and sale by a trustee in these cases.
If you filed bankruptcy and were not told about a proposal as an option
you may still make a proposal and withdraw from your bankruptcy. The conversion
usually requires the approval of inspectors (this is
a technicality which Par-O-Law Canada Inc. addresses on your behalf).
Ask for a free consultation to determine
if a consumer proposal would help your situation.
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