Bankruptcy |
Consumer Proposal |
|---|---|
| Total amounting owing is more than $1,000. | Total amount owing must be less than $250,000 (not including mortgage). |
| Creditors are informed within 5 business days once filed. | Creditors are informed within 10 days once filed. |
| No voting required. Creditors cannot stop the process once filed |
Creditors will vote for or against the proposal. Creditors have 45 days from the date of filing to vote. If voting against, creditors can provide a counter-offer. |
| A monthly payment is based on your income and value of assets. | A monthly payment is based on a percentage of the total debt owing. Majority of creditors must agree on fixed payment. |
| Payments can increase. The more you earn, the more you will pay. If surplus income occurs, you will be required to contribute to the estate. |
Payments will not change during the duration of your proposal. If you suspect your income to increase, a proposal is best. |
| 9 months to 21 months. First time bankrupt. |
Up to 5 years. Depending on your monthly payment but cannot exceed 5 years. |
| Creditor protection. Stops harassing calls and collection letters from creditors. |
Creditor protection. Stops harassing calls and collection letters from creditors. |
| Must attend 2 counselling sessions. First within 60 days and second within 210 days. |
Must attend 2 counselling sessions. First within 60 days and second within 210 days. |
| Must supply monthly income statements. A monthly budget for all income and expenses and copies of paystubs must be submitted. |
No income statements required. |
| You will not receive your tax refund. | You will receive your tax refund. |
| You may not receive your GST/HST refunds. | You will receive your GST/HST refunds. |
| Required to surrender assets if applicable. | You can keep your assets (home, vehicle, RRSPs). |
| Credit Rating of R9. Will remain on your credit report for 6 years after discharge for a first time bankruptcy. |
Credit Rating of R7 or R9. Will remain on your credit report for 3 years once payments have been completed to your creditors. |
