What Is the Difference Between a Consumer Proposal and Bankruptcy in Canada?

A consumer proposal lets you keep your assets and repay part of what you owe over time. Bankruptcy is a legal process where you are released from most debts, but some assets may be sold. I'm Doug Thode, a Licensed Insolvency Trustee in Kelowna, and I help people across British Columbia, from Vancouver and Victoria to Kelowna, Kamloops and Prince George, choose between the two every week.
Consumer proposal
In a consumer proposal, you offer your creditors a payment plan that can run for up to five years. If enough creditors accept, or the time for them to object passes, the proposal becomes binding on all of them. You generally keep your assets, and you make one payment to your trustee.
Bankruptcy
In bankruptcy, you hand over assets above the exemptions in your province, and you attend counselling sessions. A first-time bankruptcy generally lasts nine months, or longer if you have surplus income.
Stay of proceedings
Both options bring a stay of proceedings that generally stops collection action by unsecured creditors, including wage garnishment, once you file.
Which one is right?
Which one is right depends on your debts, your income and your assets. A consumer proposal is not always the better answer, and neither is bankruptcy. A Licensed Insolvency Trustee can compare both with your real numbers.
Related questions
Can CRA tax debt be included in a consumer proposal? How long does a consumer proposal last? Will I lose my house or car? How do I find a Licensed Insolvency Trustee in Kelowna? Answers to these and more are on our blog and YouTube channel.
Call 1-866-712-5353 or visit outofdebt.ca.

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