Consumer Proposal or Bankruptcy: Which Option Is For You?

Dealing with debt can feel overwhelming, but the good news is that there are options available in Canada to help you find relief. Two of the most popular solutions are consumer proposals and bankruptcy.

While both can help you get back on track, understanding the differences between a consumer proposal vs. bankruptcy can help you decide which option suits you best. Let us break down both so you can decide which one might be a better option for you!

What is a Consumer Proposal?

You may not have heard of a consumer proposal before. Think of a consumer proposal as a way to hit “pause” on your debt and negotiate a deal that works for both you and your creditors. Often up to 80% of your debt is forgiven!

A consumer proposal is a formal and legally-binding debt settlement agreement where you pay back a portion of what you owe over a set period. The monthly payments are based on what you can afford to ensure you make your payments.

Other perks? It can stop those dreaded collection calls and creditor actions.

A consumer proposal can only be managed by Licensed Insolvency Trustees (LITs). They handle all negotiations with your creditors to help take the pressure off your shoulders.

How Does a Consumer Proposal Work with Your Creditors?

It starts by sitting down with a LIT, who looks at your financial situation and helps you propose a deal to your unsecured creditors. Usually, this involves paying back a percentage of the total debt over a few years. The creditors vote on the plan, and if the majority agree, you are good to go!

Who Can Qualify for a Consumer Proposal?

This option is for people who are making an income but find it tough to pay their full debt. To be eligible for a consumer proposal with Farber, you must be at least 18 years old, a Canadian resident or own property in Canada, your total unsecured debts are less than $250,000 and have enough income to make regular payments.

We recommend you speak with a debt expert to talk about qualifications when considering if a consumer proposal, or any other debt-relief solution, is right for you.

What Are the Key Benefits of a Consumer Proposal?

• Keep your assets: You do not have to worry about losing your house or car, unlike in some other debt-relief options.
• Stop collection calls and creditor actions: You will no longer have to feel a sense of panic whenever the phone rings again. Once a consumer proposal is accepted, your unsecured creditors will have to stop hassling you.
• Predictable payments: Expect no surprises with a consumer proposal and based on what you can afford, so you can budget more easily.
• 0% interest: Your interest charges are frozen on most debt, and you can expect 0% interest on your remaining debt.

What is Bankruptcy?

Now let’s look at the other option that you have probably heard more about —bankruptcy

Bankruptcy, on the other hand, is a way to get rid of most of your debt if paying it back just is not possible. It is more of a last-resort option when you need a clean slate, but it comes with certain trade-offs, like giving up some of your assets.

Many people think bankruptcy may be their only option, but it is not! We recommend exploring all your options and getting professional advice from a debt expert before moving forward with bankruptcy.

How Does Filing for Bankruptcy Work?

When you file for bankruptcy, a Licensed Insolvency Trustee takes over and manages your case. Your debts are legally discharged, which means you are no longer required to pay them back.

They will handle things like selling off some of your assets (do not worry — there are exemptions for things like basic household items). Once the process is complete, most of your unsecured debts are wiped out, giving you a fresh start.

What Are the Eligibility Criteria for Bankruptcy?

You can file for bankruptcy with Farber if you are at least 18 years old, a Canadian resident or own property/have carried on a business within the last year, and your debts exceed the total value of your assets, or you are unable to repay your debts as they come due.

As with the consumer proposal, we recommend you speak with a debt expert to talk about qualifications when considering if bankruptcy is right for you.

What Happens When You Declare Bankruptcy?

• You might lose assets: Some of your belongings may need to be sold to repay creditors, but many essential items are protected and most of your debts are wiped out.
• Credit impact: Bankruptcy stays on your record for six to seven years, or up to 14 years if it is your second bankruptcy.
• Makes it harder to borrow again: If you are looking to borrow money in the future, like for a mortgage or to obtain a new credit card, it might be difficult with bankruptcy on your record.

Speaking with a LIT can help you understand the pros and cons of bankruptcy and how it can affect you.

Consumer Proposal vs. Bankruptcy: What is the Difference?

How Each Option Affects Your Ability to Keep Assets

If keeping your house or car is important to you, a consumer proposal is probably the better choice. With bankruptcy, you might have to forfeit non-essential assets.

How Debt Repayment Differs Between These Two Options

With a consumer proposal, you agree to repay part of your debt through a structured plan, but at a reduced amount. Bankruptcy, however, wipes out most unsecured debts entirely, giving you a fresh start.

What Happens to Your Credit in Each Situation

When it comes to a consumer proposal vs. bankruptcy, the former is a bit kinder to your credit score and only stays on your report for three years after you complete the repayment. Bankruptcy, on the other hand, sticks around longer — typically six to seven years.

Comparing the Costs of Filing a Consumer Proposal or Bankruptcy

Both options come with fees, mostly for your Licensed Insolvency Trustee. In a consumer proposal, those fees are usually rolled into your monthly payments.

Bankruptcy can have additional costs, such as legal fees. The cost in Canada varies person-by-person. It is based on your monthly income, certain expenses, the size of your family unit and your assets.

Fees to a LIT for both consumer proposal and bankruptcy are federally regulated and deducted from the funds you contribute. It is best to book a free consultation with a LIT to go over the costs involved with either option.

How Do You Decide Which One Is Right for You?

Consider Your Financial Situation First

If you have valuable assets that you want to keep, a consumer proposal may be a better fit. Bankruptcy might be more suitable if you are struggling to make any payments at all. You will have to weigh out the pros and cons of each one depending on your financial situation. This also includes looking at the amount of debt you have and your ability to repay your debt or make regular payments.

Think About Your Long-Term Financial Goals

Do you want to get your credit back on track faster? A consumer proposal may help you do that since it has a shorter-lasting impact on your credit report. Bankruptcy gives you a fresh start, but it takes longer to rebuild your credit.

Do Not Overlook the Emotional and Psychological Factors

Navigating debt relief can bring up a lot of emotions, and it is important to prioritize your well-being along the way. While the thought of bankruptcy might feel overwhelming, especially with the possibility of losing assets, remember that you are taking a positive step toward regaining control of your finances.

A consumer proposal can be a gentler option, allowing you to resolve your debts while maintaining more stability. No matter which path you choose, know that you are making a proactive choice to improve your financial future — and that is something to be proud of!

Always Seek Professional Advice from a Licensed Insolvency Trustee

Making this decision is not something you must do alone. In fact, you should not have to do it alone at all. We always recommend that you consult and seek advice from an insolvency professional.

Speaking with a Licensed Insolvency Trustee can help you evaluate all your options and choose the best path based on your unique financial situation. They will work with you to find a debt-relief solution that will reduce your debt stress and help you rebuild your financial future and relationship with money.

Learn How Farber Can Help You Find the Right Debt Solution

At Farber Debt Solutions, we understand how overwhelming it can feel when debt takes control. If you need further help choosing between a consumer proposal vs. bankruptcy, our team of Licensed Insolvency Trustees is here to help guide you.

We will work with you to find the best option for your situation, so you can start building a brighter financial future. Book your free no-obligation consultation today and take the first step toward gaining control of your finances!