When facing overwhelming debt, Canadians have several options to relieve financial stress, with consumer proposals and bankruptcy being two of the most common solutions. In this article, we’ll explore the key differences between consumer proposals and bankruptcy and help you understand which option may be more suitable for your financial situation. We will discuss the difference between a consumer proposal and bankruptcy based on qualifications, costs, asset protection, the length of the process, and the impact on your credit score.
The Difference Between Consumer Proposal and Bankruptcy: Key Comparisons
When considering debt relief options, understanding the fundamental differences between a consumer proposal and bankruptcy is essential. While both options are designed to help individuals facing financial difficulties, they offer distinct paths to resolving debt. The difference between a consumer proposal and bankruptcy lies in the way debts are repaid, the impact on your assets, the duration of the process, and how each solution affects your credit rating. Below, we’ll explore these key comparisons to help you determine which option might be the most suitable for your specific financial situation.
1. Qualifications and eligibility
The difference between a consumer proposal and bankruptcy starts with eligibility. To file for a consumer proposal, you must owe less than $250,000 in unsecured debt (excluding your mortgage). In contrast, anyone with at least $1,000 in debts and unable to pay them can file for bankruptcy.
2. Cost and payment structure
The cost of a consumer proposal is typically lower than bankruptcy. Consumer proposal payments are based on a fixed percentage of the total debt, which is negotiated with creditors. This fixed monthly payment will not change, regardless of your income.
Personal bankruptcy, however, bases its costs on your income and assets. If you have surplus income, you may need to make additional payments, which could increase the overall cost of the bankruptcy process.
3. Asset protection
When considering the difference between bankruptcy and a consumer proposal, one significant factor is asset protection. A consumer proposal allows you to keep all your assets, including your home, car, and tax refunds. In contrast, bankruptcy requires you to surrender assets that are not exempt by provincial law, such as additional vehicles or personal investments. This highlights the difference between bankruptcy and insolvency, where insolvency can involve more severe financial consequences, including the loss of non-exempt assets.
While bankruptcy provides immediate relief, it does come at the cost of losing certain non-exempt assets.
4. Duration of the process
A consumer proposal can last up to five years, but you have the option to pay it off early if you can afford to do so. This flexibility is one of the reasons why a consumer proposal may be more appealing than bankruptcy. If you’re wondering how to declare bankruptcy, it’s important to know that first-time bankruptcy typically lasts nine months, though it can extend to 21 months if you have surplus income. The timeline for a second-time bankruptcy is longer, lasting between 24 to 36 months.
5. Impact on credit rating
Both options significantly impact your credit score, but the effects are more severe with bankruptcy. Filing for bankruptcy results in an R9 credit rating, which remains on your credit report for up to seven years after discharge, even longer for second bankruptcies.
| Aspect | Consumer Proposal | Bankruptcy |
| Eligibility | Unsecured debts less than $250,000 (excluding mortgage) | At least $1,000 in debt, unable to pay debts |
| Asset Protection | Keep all assets (home, car, investments, tax refunds) | Surrender non-exempt assets |
| Duration | Up to 5 years, with the possibility of early repayment | 9 months for first-time, 21 months with surplus income |
| Payment Structure | Fixed monthly payments, based on debt negotiation | Payments based on income; surplus income increases payments |
| Impact on Credit Score | R7 rating, stays on record for 3 years (or 6 years from filing) | R9 rating, stays on record for 7 years (for first bankruptcy) |
| Duties | Fixed monthly payments and 2 credit counseling sessions | Monthly income and expense reporting, 2 credit counseling sessions |
| Impact on Professional Designations | Not considered bankruptcy for professional designations | Considered bankruptcy, may impact professional designations |
| Cost | Negotiated settlement, typically starting at 20-30% of debt | Based on income, statutory calculation, and asset value |
| Debt Relief | Reduces total debt, interest stops, and debt collectors are halted | Eliminates unsecured debt, creditors are no longer owed |
A consumer proposal results in an R7 rating, which remains on your credit report for three years after completion or six years from filing, whichever comes first. While both options hurt your credit score, a consumer proposal typically allows for a faster recovery and less long-term damage.
6. Required duties
When considering the difference between a consumer proposal and bankruptcy, it’s important to note the duties involved in each process. A consumer proposal requires fewer ongoing responsibilities than bankruptcy. In a proposal, you make fixed monthly payments and attend two credit counselling sessions. No monthly income or expense reporting is necessary.
For bankruptcy, you must submit regular reports on your income and expenses and attend two additional credit counselling sessions.
When to Choose a Consumer Proposal vs. Bankruptcy
Choosing between a consumer proposal or bankruptcy depends on your specific situation. If you are able to repay a portion of your debt and want to keep your assets, a consumer proposal is likely the better option. It is less severe and allows for more flexibility.
If your debts are unmanageable and you don’t mind surrendering assets to eliminate your financial obligations, bankruptcy might be more appropriate. While bankruptcy eliminates all unsecured debts, the impact on your credit score is long-lasting, and you will lose certain assets.
1. Why choose a consumer proposal?
Here are some of the benefits of opting for a consumer proposal:
- Keep all your assets, including your home and car
- Fixed monthly payments, regardless of changes in income
- No need for monthly income and expense reporting
- An earlier improvement of your credit rating compared to bankruptcy
- Flexible repayment terms
2. Why choose bankruptcy?
You may want to choose bankruptcy if:
- You have debts that are far too high to repay in a reasonable time frame
- You don’t have significant assets that you need to protect
- You are willing to have a more significant impact on your credit score to eliminate your debts
Conclusion
In conclusion, understanding the difference between a consumer proposal and bankruptcy can help you make the best decision for your financial future. Both options offer debt relief, but a consumer proposal allows for a more flexible and less damaging solution, particularly if you have valuable assets to protect. Bankruptcy, on the other hand, is an effective option when you need to eliminate debts but are willing to give up certain assets.
Before making a decision, consult with a Licensed Insolvency Trustee to assess your specific situation. They can provide professional advice to help you choose the path that best fits your needs.
If you are considering a consumer proposal or bankruptcy, contact Kunjar Sharma for a free consultation today. With the right guidance, you can take control of your debt and start rebuilding your financial future.
FAQs
In a consumer proposal, you can retain your home as long as you continue to make your mortgage payments. However, in bankruptcy, you may lose the equity in your home beyond the provincial exemption limit, unless you can buy it back from the trustee.
With a consumer proposal, your monthly payments remain fixed, regardless of any increase in income. In bankruptcy, however, higher income may result in increased surplus income payments.
Yes, you can file a consumer proposal even if you’ve previously gone through bankruptcy. Many people opt for this route instead of filing for a second bankruptcy.
If your consumer proposal is rejected by creditors, your trustee can assist in negotiating revised terms or suggest other options, such as bankruptcy. Most proposals are accepted after some negotiation. At Kunjar Sharma, we have a high success rate of acceptance.
Once your bankruptcy is completed, you will receive a discharge, releasing you from the included debts. In the case of a consumer proposal, you’ll receive a Certificate of Full Performance after all payments are made, which legally eliminates the debts covered under the proposal.
