When faced with impossible debts, people will wish to settle their financial obligations before creditors penalize them. To help secure the interests of both debtors and financial institutions, the Office of the Superintendent of Bankruptcy (OSB) has formed the Bankruptcy and Insolvency Act (BIA). The BIA creates a structure that a debtor, lender and licensed trustee in bankruptcy need to follow to get financial obligation relief.
Among the options to bankruptcy that a debtor can talk about with a trustee is to negotiate with his lenders. Many choose this option over bankruptcy to protect their properties not to mention keep their credit records tidy.
Consumer Proposal with an Accredited Trustee in Bankruptcy
The formal and OSB-regulated settlement in between the debtor and creditor is called a Consumer Proposal with a Licensed Trustee in Bankruptcy. The proposal includes a financial assessment by the trustee, current financial obligation info and reasons debt repayment has become tough. The trustee would help devise a new payment plan that might extend loans payment to a maximum of five years, following a particular time table. If the proposal is authorized by the lenders and the OSB, all payments are submitted to a Proposal Administrator.
The best ways to Apply
You can only have a Consumer Proposal with a Licensed Trustee in Bankruptcy filed if your debts do not surpass $250,000. Otherwise you would be asked to declare bankruptcy or go through the Division I proposal according to the BIA. Once you've drafted a proposal with your trustee, it is submitted to the OSB for approval. The OSB would then briefly freeze your financial obligations and any lawsuits filed by your financial institutions. The lenders would be provided 45 days to examine the proposal and provide their choice.
The OSB considers the quantity you owe to each creditor as their ballot powers. If majority of the sum gets a "yes" vote, then the proposal is authorized and followed. If not, you can either develop a new proposal with the trustee and OSB, or think about various other options including Bankruptcy, Division I proposal or financial obligation consolidation.
When a Consumer Proposal with an Accredited Trustee in Bankruptcy is authorized, all payments are made directly to the OSB-appointed Proposal Administrator. If you miss out on payment fees three times, or don't follow the terms of the proposal, the entire settlement will be invalid, and you would need to face lawsuits from your lenders. To know more about consumer proposals, do not hesitate to check out the following sites: ic.gc.ca/eic/site/bsf-osb.nsf/eng/br02051.html and sbinfocanada.about.com/od/bankruptcyincanada/f/altbankruptcy.htm.
A Short Look at the Process Behind Creating a Consumer Propo