A stay of proceedings in a consumer proposal acts like a legal shield.
It is a court-ordered freeze that prevents creditors from continuing or starting any action to collect unsecured debt. This means lawsuits stop, wage garnishments stop, and all collection calls and emails must end immediately.
The goal is to give you breathing room while our trustees put forward an affordable repayment plan on your behalf.
Why Only Trustees Can File a Stay
A stay of proceedings is not something you can request on your own.
Only Licensed Insolvency Trustees have the authority to file the documents that trigger it. Once filed, the stay is automatic—there is no waiting period, no separate hearing, and no negotiation needed.
The trustees guide you through the steps, make sure all creditors are notified, and ensure the legal protection remains in place while your proposal is active.
What the Court Order Stops
The stay of proceedings stops a wide range of collection actions, including:
- Wage garnishments, even if they have already begun
- Lawsuits, court dates, and judgments for unsecured debt
- Collection calls, letters, emails, and threats
- Frozen bank accounts caused by unsecured creditors
Creditors must direct all communication through the trustee. They cannot demand payment or pressure you while the stay is in force.
How the Trustees Handle Creditors
Once the stay of proceedings is in place, our trustees formally notify each creditor.
This confirms that legal protection has begun and that all actions must stop. Throughout the proposal, creditors must follow the rules, submit their claims through the trustee, and respect the payment terms once accepted.
This structured system is designed to remove stress and keep everything organized.
CRA and the Stay of Proceedings
The Canada Revenue Agency is fully bound by a stay of proceedings in a consumer proposal.
This means tax collectors cannot continue garnishments, frozen accounts, or collection activity. However, the stay does not reverse previous enforcement, such as a lien already registered on property.
The trustees review your CRA situation carefully and advise how the stay applies to your specific accounts.
How Long the Protection Lasts
The stay of proceedings remains active throughout your consumer proposal.
Creditors cannot pursue legal action or contact you while you are completing your payments. Once you finish the proposal and receive your Certificate of Full Performance, the debts included in the proposal are discharged, and the stay ends naturally.
For most people, this means years of uninterrupted financial protection while rebuilding stability.