Cameron Okolita Inc. - Trustees in Bankruptcy
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Alternatives to Bankruptcy
Although you may be experiencing financial difficulty, bankruptcy may not be the only solution. Some of the available options are reviewed below. However, you may wish to discuss the options at length with a bankruptcy trustee or insolvency administrator to determine the best solution for you.
1. Proposals to Creditors
A proposal is a mechanism under the Bankruptcy and Insolvency Act (hereafter referred to as the “Act”) that allows individuals to make a formal “proposal” to one’s creditors. The proposal typically provides for a reduction of debt and/or extension of time with a lump sum or stream of payments made to the Trustee or administrator under the proposal. The Trustee or administrator will thereafter distribute the payments to your creditors as per a defined schedule. Successful completion of a proposal will discharge those debts included under the proposal (with the exception of those debts which survive the process under section 178 of the Act).
Below is a list of the most frequently asked questions concerning the proposal process:
A. Am I eligible for a consumer proposal?
There are two types of proposals. You are eligible to file a “consumer proposal” if you are insolvent and your total debts, excluding the mortgage on your principle residence, are less than $250,000. The terms of the proposal must be completed within five years and offer the creditors a greater return than what they would receive through a bankruptcy administration.
If your total debts, excluding the mortgage on your principal residence are in excess of $250,000, you can still file a “commercial proposal”. The legislation governing commercial proposals is somewhat different from that of consumer proposals and you should discuss this further with a licensed insolvency professional. The term “commercial” proposal should not be construed as only applying to “business” debts, but can be filed for individuals having personal debts of in excess of $250,000 (excluding the mortgage on the principal residence).
B. How do I file a proposal?
The first step in considering a consumer or commercial proposal is to meet with a licensed Trustee, such as the firm of Cameron • Okolita Inc. for an assessment which includes a complete review of your financial information. If the proposal process is the best or preferred course of action, the Trustee or administrator will prepare the proposal and other necessary documents under your direction, which are then filed with the Official Receiver and thereafter, your creditors.
The proposal will include the following three (3) documents:
C. What is the cost of a proposal?
At Cameron • Okolita Inc. we require a nominal deposit to pay registration and court fees, necessary disbursements and a small portion of our professional time commitment to file the proposal. If the proposal is accepted, the creditors will indirectly pay our compensation for undertaking the proposal process. You do not have to advance a separate payment. If the proposal is rejected, there is no further cost to you.
D. How do my creditors decide on my proposal?
After the consumer proposal has been filed, the Trustee will notify the creditors and provide them with a copy of the proposal and other material. After the expiry of 45 days, the trustee will review the claims and votes filed. If unsecured creditors having 25% or more of the debt in dollar value either request a meeting or reject the proposal, a meeting of creditors must be held to consider the proposal. To be accepted at the meeting of creditors, creditors having more than 50% of the unsecured debt in dollar value have to approve the proposal. If no meeting is held, your proposal is automatically deemed accepted.The voting structure for a commercial proposal is somewhat different. In order for a commercial proposal to be approved, it must be supported by a majority in number of unsecured creditors and that majority in number must hold two-thirds of the dollar value in debt outstanding.
E. Is Court approval required?
For consumer proposals, if requested by the Official Receiver or any other interested party (within 15 days after acceptance or deemed acceptance of the proposal), the administrator shall forward the consumer proposal to court for review. If no request is received to forward the proposal to court, the consumer proposal shall be deemed to be approved by the court.
All commercial proposals must be forwarded to court for approval.
F. What are the advantages to filing a proposal?
The advantages to filing a proposal are as follows:
G. What happens if a proposal is not accepted or subsequently defaults?
The consequences of a consumer proposal not being accepted or going into a subsequent default are as follows:
The consequences of a commercial proposal not being accepted or going into a subsequent default are substantially different from that of a consumer proposal and should be discussed with a trustee.
H. Will a proposal affect my job?
No. An employer cannot dismiss, suspend, layoff or otherwise discipline you solely because you filed a proposal.
I. What happens once the proposal is completed?
Those unsecured debts included under either a consumer or commercial proposal will be extinguished once the proposal is completed. The administrator shall issue a Certificate of Full Performance to you and the Official Receiver to confirm its successful completion.
J. What happens to my credit rating?
Typically, most people who are experiencing financial difficulty already have a poor credit rating and encounter difficulty in obtaining further credit. For an individual filing a proposal, the credit bureau will report an R7-debt settlement rating for 3 years after the proposal completion date.
However, after your proposal has been completed, with the exception of those debts not discharged under section 178 of the Act and secured debts that you may have chosen to retain, you will be debt free and should therefore be considered a better credit risk. You may wish to discuss how to rebuild your credit rating with your trustee’s office.
2. Debt Consolidation
You may approach a bank or other financial institution about “consolidating” your debts into one loan. If you have canvassed the market for the best interest rates, you should be able to reduce your overall monthly interest payments and simplify the payment process. However, you may be required to either pledge some of your assets for collateral or alternatively, require a co-signer.
3. Informal arrangements with creditors
You may without the aide of a Trustee, attempt to negotiate a settlement or new payment terms with your creditors. However, unless these arrangements are formally documented, they may not be contractually binding on all parties. In this respect, until a settlement is actually reached, creditors are free to continue with legal enforcement proceedings.
|Our Services: Bankruptcy, Consumer Proposals (Debt reduction), Debt Help.
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Elsewhere call Toll Free: 1-800-353-3339
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