A Consumer Proposal is one of the most effective solutions for those struggling with overwhelming debt. Once you complete your final payments, you can finally put your debt behind you. However, life doesn’t always go as planned, and sometimes circumstances make it difficult to meet the terms of the Proposal.

What happens when you default on a Consumer Proposal? What can you do to fix the problem?

Defaulting on a Consumer Proposal

A Consumer Proposal is a formal agreement between you and your creditors, arranged through a Licensed Insolvency Trustee (LIT). It offers a structured way to repay a portion of your debt under more manageable terms. Creditors often accept these Proposals because they can recover at least part of what they’re owed, typically more than they would receive if you filed for Bankruptcy.

Borrowers and creditors have legal obligations to fulfill with an accepted Consumer Proposal. As a borrower, you must:

In return, your creditors must:

Once you’ve made all the required payments, you’ll receive a Certificate of Completion, your official confirmation of completion. This marks the end of your debt obligations under the Proposal. The insolvency will continue to be reported on your credit report for three years after completion of your payments.

Consumer Proposal Annulment

In an ideal world, you would make payments as agreed. Unfortunately, anyone’s situation can change. You may find yourself unable to pay your bills, even with the better terms offered by the Consumer Proposal.

Failed payments or missed payments can annull your Consumer Proposal.  The Bankruptcy and Insolvency Act (BIA) allows a borrower to have two payments in arrears. Being behind two payments will not comprise a default on your proposal but you must catch up on those payments in order to complete your Consumer Proposal.

Once you fall behind by three payments, the Consumer Proposal is annulled. Missed payments don’t need to be consecutive. It is automatically deemed annulled the day you fall behind by a third payment.

If you have a different payment frequency, an annulment could occur if you miss one payment by more than three months.

What Happens When a Consumer Proposal is Annulled?

If you default after filing a Consumer Proposal, here’s what you can expect, and why it’s critical to stay on track:

How to Deal With an Annulment

If your Consumer Proposal is annulled, you have the option to revive it within 30 days. To do this, you must speak to your LIT, as there are administrator duties to follow. Your LIT will guide you through this revival process.

You may be able to amend your Consumer Proposal, and your LIT will work with you to determine if this is a possibility.

Another option is Bankruptcy. If your financial situation hasn’t improved enough, this may be the next best step.

Preventing Payment Problems

Setting up a payment plan that fits your budget is key to avoiding missed payments. Here are practical steps to help ensure your Consumer Proposal remains manageable:

How We Support Our Clients

You chose a Consumer Proposal with the best intentions: to repay your creditors. Our Trustees at LC Taylor understand that circumstances change; we are here to support you. If you default on a Consumer Proposal, solutions are available to help you get back on track. We’ve been assisting clients for over 30 years, so contact us online or give us a call at 204-925-6400. We look forward to working with you.