Consumer Proposal Unfairly Annulled

January 21st, 2009 by Questions

I filed a consumer proposal in April and have just received a letter stating that my proposal has been annulled for non-payment, the reason being that my payment was due on the 30 of December and was not received, but I tried to make my payment only to find that the office where I was to make my payment, and any of the offices in the surrounding areas had been closed from December 24 to January 5. I tried to get in contact with someone but was not able to reach anyone as it seems the entire staff was on vacation. So I arrived with my payment the minute they opened on the 5 January, the first day that they were open after my payment was due, they accepted it, and a week and a half later I received a letter stating that my proposal was annulled. Now I face bankruptcy, which will mean the loss of my vehicle, which in turn will mean the loss of my job. Is there anything I can do?

Posted from: Ontario

Questions

One Response to “Consumer Proposal Unfairly Annulled”


January 22, 2009 at 10:38 am, Barton Goth - Goth & Company Inc. -Trustee in Bankruptcy said:

If the equivalent of 3 monthly payments is missed there is no one with the authority to extend the proposal, not the trustee, not the courts and not the creditors. The only thought I have is you can look at filing a second proposal. This can’t be a consumer propsoal, but you could file a Div I Proposal. I would suggest you contact your trustee to discuss this as it would allow you to avoid a bankruptcy. But you must remember that this is starting fresh. It is not picking up from where your last proposal left of, it is brand new.

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