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When
Debt Overwhelms
For most consumers, credit is an economic fact of life. In
Canada there are 44.1 million Visa and MasterCard users. Nearly 19
million cards, or 46 per cent, carry a balance. All this debt carries a
high price when debt overload leads to insolvency. Certain solutions must
take place for insolvency to begin the steps of starting on the road to
financial recovery:
Apply for protection
Under the federal Bankruptcy and Insolvency Act a proposal
application for protection must be filed or an assignment of bankruptcy
must be made.
Proposal for payment
A proposal is an arrangement between the debtor and their
creditors. It outlines how to pay off only a portion of the debts, the
timeframe to pay it off or to provide some combination of both. To be
acceptable, the creditors must be better off financially under a proposal
than if the debtor were to go bankrupt.
Consumer proposals
A person is eligible if the total debts, excluding debts
secured by a principal residence, do not exceed $75,000. Consumer
proposals cannot be for more than five years. The debtor is not
automatically bankrupt if creditors do not accept the consumer's
proposal. Insolvency counseling is required.
Other forms of proposals
There is no restriction on the amount of money a person
owes. If the creditors do not accept the proposal, the person is
automatically bankrupt effective the date of the creditors meeting.
Insolvency counseling is not required.
Declaring insolvency should be a last resort for individuals
over committed with debt. People, who have not been bankrupt before, may
be granted an automatic discharge after nine months if the creditors, or
Superintendent of Bankruptcy has not opposed the discharge and insolvency
counseling has taken place.
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