Consumer Proposal Nova Scotia
Other Options & Stuff You Need to Know

What is a consumer proposal, and is it the best option for me?

One option to consolidate your debts is to file a Consumer Proposal in Nova Scotia. It is a legal process under the Bankruptcy and Insolvency Act between you and your creditors to repay part of what you owe. The amount you repay is largely based upon your income and what you own.

A Consumer Proposal can only be arranged and administered by a bankruptcy trustee and costs about $1,500 to file. You pay an initial setup fee, and then, if it is accepted by your creditors, you will pay the remaining balance to proceed. In addition to this, the trustee will also retain 20% of your future payments as a fee for administering your Consumer Proposal. To be legally binding, the creditors who hold the majority of your debt must agree to the proposal. Once they do, you repay the agreed amount over a maximum of 5 years.

Advantages and Disadvantages of Filing for a Consumer Proposal

There are definitely advantages and disadvantages to filing a Consumer Proposal. Here are some that are important to be aware of:

Advantages

It can substantially reduce the amount of debt you are required to pay your creditors
It can be an effective way of consolidating debt in Nova Scotia if:
- You don’t have the ability to repay all the debt you owe
- You have consistent income
- You’ve put together a monthly budget, and you can afford to make monthly payments
Could be a worthwhile option if:
- You aren’t able to get approved for a debt consolidation loan
- If you have debts (like a large government debt) which can’t be paid through a debt management program
Will stop active collection activity on student loan payments
It is one of the last methods of avoiding personal bankruptcy

Disadvantages

It’s not private. A proposal is a permanent public record included on a searchable database
It’s more expensive than declaring bankruptcy
It must be approved by the Court
Creditors can reject the Consumer Proposal – if they do, you may have to offer them additional funds otherwise your proposal will not proceed
If you miss more than 2 payments you may need to file for bankruptcy
Student loans can’t be included if they are less than 7 years old
Secured debts aren’t included
Some assets (such as your home, vehicles, or investments) may need to be sold
The permanent record of your insolvency can put certain professional licenses at risk and may also affect future employment opportunities

There’s a Way Out of Debt with Help

“I had just come to the point where I had given up hope – that there’s no way I could ever repay my debt. A friend of mine suggested I reach out, and I thought I’d get some condescending person on the phone lecture me about money, but my counsellor was the most compassionate, caring person who became sort of my own personal cheerleader.”

– Charis

Beware of the Big Debt Rip-Off

Consumer Proposals have unfortunately become the latest way for an increasing number of debt relief companies and their sales people to take advantage of vulnerable, unsuspecting consumers. Make sure you don’t let this happen to you! Many of these companies are now claiming to offer Consumer Proposals as an effective way to deal with debt. But there’s a problem. In Canada, only a licensed bankruptcy trustee is legally allowed to deal with Consumer Proposals. These debt relief agencies charge thousands of dollars in fees but then refer you to a bankruptcy trustee who then charges his or her own legitimate fees.

How to Keep from Getting Ripped Off

Follow the three tips below plus start by speaking with a member of Credit Counselling Canada (an association of non-profit credit counselling agencies who do not work on commission). If a Consumer Proposal is truly one of your best options, one of their agencies can let you know and refer you to a reputable bankruptcy trustee for free.

Talk to a Not-for-Profit Credit Counsellor

Speak with a non-profit Credit Counsellor about your financial situation first. They will be able to review your situation with you and help you explore and understand all your options to deal with your debt.

Only Pay a Trustee for Consumer Proposal Services

Never pay money to anyone for Consumer Proposal services except a licensed bankruptcy trustee. By law, they are the only ones allowed to provide these services and receive payment for their services.

Be Careful with Commission Based Debt Consultants

Ask how the person helping you is compensated. Many people who will seek to advise you on your debts work on commission. Make sure the “solution” they are suggesting is in your best interest – not theirs.

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How a Consumer Proposal Can Impact Your Credit

When you make payments on a Consumer Proposal, there is a note on your credit report in the public records section that you have filed a proposal. Anyone who has your consent to see your credit report will see the public records section as well.

In addition, your creditors may report a “7” rating on the debts included in the proposal. This means that they are receiving payments through a third party. The third party is your trustee. When you make a payment to your trustee, they disburse the agreed upon amount to each of your creditors after all applicable fees have been paid.

If you are paying secured creditors, like those who hold your car loan, outside of your Consumer Proposal, those creditors will report your payments on those debts separately. Creating and maintaining a realistic budget will make it easier to keep these debts paid up to date.

If you are able to show a good payment pattern on a secured debt while you’re making all of your proposal payments, you’ll be that much further ahead afterwards when you want to re-build your credit.

Between financial difficulty and bankruptcy there can be many options. While a consumer proposal may be a good option for some, it isn’t the best option for everyone. To find out what options you have, call one of our professionally certified Credit Counsellors today. You can speak with a Counsellor in person or over the phone. Appointments with them are free, non-judgmental, and completely confidential.

For more information or to speak with a Counsellor, contact us in Nova Scotia at 1-888-527-8999. You can also email or chat with us online right now.

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Related Resources

Here are some related topics that may be useful for you.

Debt Consolidation Options & Alternatives

There are more debt consolidation options and alternatives than most people know about. Discover the option that will work the best for you.

How Does a Debt Management Program Work?

Find out how a Debt Management Program consolidates your payments, reduces your interest rates, and gets you out of debt.

The Differences Between Consumer Proposals & Bankruptcy

Learn how Consumer Proposals and Bankruptcy are similar and how they are different. Also learn what you need to watch out for.

Ensuring Your Interests are Always First

In everything we do, our goal is to always put the interests of consumers first and do what is best for them. Two important ways we pursue this is through transparency and accountability. We are held accountable to the highest and most demanding standards in our industry.