Find out which debts can be included in a consumer proposal.
At Yanch Dey & Associates, our Insolvency Trustees help you by reviewing your debts, explaining which ones qualify, and show you how much you’ll be able to save with a proposal.
What Is the Difference Between Secured and Unsecured Debt?
Unsecured debt is included in a consumer proposal, secured debt is not.
- Unsecured debt is money you owe that is not backed by property or another asset. Things like credit cards, payday loans, and most personal loans are common examples. These debts are usually included in a consumer proposal.
- Secured debt is money you owe where the lender has a legal claim against an asset, such as your home or car. Mortgages and car loans are common examples. These debts are not included a consumer proposal.
Unlike in a bankruptcy you don’t lose or put these things at risk in a consumer proposal. You can usually keep your home and car while reducing your unsecured debts, provided you continue making the required payments on those secured loans.
Learn more about the difference between secured and unsecured debt.
What Types of Debt Can Be Included in a Consumer Proposal?
Most eligible unsecured debts fall into three main categories:
- Credit Cards and Personal Loans: Credit card balances, payday loans, unsecured bank loans, personal lines of credit, and overdrafts.
- Government Debts: Eligible CRA income tax debts, certain GST/HST debts, and government student loans that meet the applicable legal requirements.
- Other Unsecured Debts: Collection accounts, unpaid utility bills, certain medical bills, and other debts not secured against property.
A consumer proposal allows you to make agreed payments to your Licensed Insolvency Trustee instead of paying each unsecured creditor separately. Your trustee distributes the money to your creditors.
Can You Include CRA Tax Debt in a Consumer Proposal?
Yes. Many debts owed to the Canada Revenue Agency (CRA) can be included in a consumer proposal.
These generally fall into three categories:
- Income Tax Debt: Unpaid personal income taxes, including related interest and penalties.
- GST/HST Debt: Certain outstanding GST/HST amounts owed by self-employed individuals or business owners.
- Other Government Debts: Certain government benefit overpayments and other eligible debts, depending on the circumstances.
In many cases, the CRA is treated as an unsecured creditor. However, special rules may apply to some government debts, particularly where the CRA has registered security against property.
Once your consumer proposal is filed, a legal stay of proceedings generally stops CRA collection actions involving debts covered by the proposal, subject to legal exceptions.
Our Licensed Insolvency Trustees can review your tax debts and explain whether a consumer proposal may help.
Can You Include Bank Loans and Lines of Credit in a Consumer Proposal?
Yes. Most unsecured bank loans and personal lines of credit can be included in a consumer proposal.
These generally include:
- Personal Bank Loans: Loans that are not secured against property or another asset.
- Unsecured Lines of Credit: Outstanding balances on personal lines of credit and bank overdrafts.
- Bank Collection Accounts: Eligible unsecured debts that have been transferred or assigned to collection agencies.
If your consumer proposal is accepted, you make your agreed payments to your trustee instead of paying each unsecured creditor separately.
This can make your finances easier to manage while helping you reduce the amount you owe.
Not Sure Which Debts You Can Include?
You don’t need to figure this out yourself. Our Trustees will review your debts with you, explain which ones qualify, and show you where you can save money.
Call Yanch Dey & Associates at 905-721-7506. Let’s start with a conversation about your debts and how we may be able to help.