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Proposals/unsecured/secured debt

Hi. I have been researching consumer proposals as an alternative to bankruptcy, my question is, you are allowed up to $75,000.00 in debt to apply. I currently owe $74,000.00 in unsecured debt. I owe $30,000.00 on my mortgage, and $9000.00 for a secured debt (car loan). Does the unsecured debt count only, because if the car loan is added it is over the $75,000.00 limit?

Thanks

One Response to “Proposals/unsecured/secured debt”

Barton Goth, GCO Inc. Bankruptcy Trustees said...

Unfortunately you would not currently qualify for a Consumer Proposal as the cut-off for eligibility is less than $75,000 of non-mortgage debt. However, the Bankruptcy and Insolvency Act also allows an individual debtor to file a Division I Proposal, which is very similar to a consumer proposal and may allow you to effectively negotiate the current debt load down to a much more realistic level. The best thing to do is to contact a trustee directly (see “Find a Trustee” on the left hand side of the page) and have him explain how Division I Proposals work, the primary differences between this and consumer proposals, and help to determine if this would work in your situation.