Consumer Proposal Administrator

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In Canada, a consumer proposal is a legal debt settlement option that provides creditor protection while avoiding bankruptcy. To navigate this process, individuals must work with a Consumer Proposal Administrator, who is a Licensed Insolvency Trustee. In this article, we will explore the responsibilities and functions of a Consumer Proposal Administrator, how to find one, and debunk common misconceptions.


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1. What is a Consumer Proposal Administrator?

A Consumer Proposal Administrator is a licensed professional appointed to administer consumer proposals in Canada. They play a crucial role in helping individuals determine if a consumer proposal is the right debt relief solution for their situation. It is essential to note that only Licensed Insolvency Trustees can act as Consumer Proposal Administrators, ensuring that individuals receive expert guidance throughout the process.

2. Responsibilities of a Consumer Proposal Administrator

Initial Assessment and Qualification

The first step in the consumer proposal process is the initial assessment. The Consumer Proposal Administrator conducts this assessment to determine if an individual qualifies for a consumer proposal. They review the individual’s financial situation, ensuring they meet the debt limit requirements and compare the benefits of a consumer proposal versus bankruptcy.

Negotiating with Creditors

Once the qualification is established, the Consumer Proposal Administrator assists in determining the appropriate offer to creditors. They negotiate with creditors on behalf of the individual, leveraging their expertise to ensure the proposal is acceptable to both parties. Consumer Proposal Administrators are well-versed in understanding what different creditors are looking for, increasing the chances of a successful negotiation.

Filing the Proposal

After finalizing the proposal terms, the Consumer Proposal Administrator files the official paperwork with the Office of the Superintendent of Bankruptcy. This step initiates the consumer proposal process and grants the individual a stay of proceedings, protecting them from creditor actions.

Communicating with Creditors

To inform creditors about the proposal, the Consumer Proposal Administrator sends a copy of the document to each creditor. While secured creditors are notified, filing a consumer proposal does not affect existing mortgage or car loan payments. The administrator ensures that wage garnishments and collection actions are halted, providing relief to the individual.

Claim Forms and Voting Process

Upon receiving the proposal, creditors have the opportunity to approve or reject it. They submit claim forms that are used in the voting process to determine the payout share for each creditor. The Consumer Proposal Administrator collects, records, and approves these claim forms. After 45 days from the filing of the proposal, the administrator counts the votes received for and against the proposal.

Creditors’ Meeting and Additional Negotiations

In some cases, a creditors’ meeting may be called. The Consumer Proposal Administrator acts as an administrator during this meeting, assisting the individual in negotiating additional payment terms if necessary. Their expertise and knowledge of the process ensure that both parties reach a mutually beneficial agreement.

Administration Duties and Payments

Upon approval of the proposal, the Consumer Proposal Administrator fulfills various administrative duties. They collect payments from the individual, deal with creditors, arrange credit counseling sessions, and make payments to creditors for debt settlement. Throughout this stage, the administrator ensures that the individual can afford the repayment plan and supports them in completing the proposal successfully.

Certificate of Completion

Once the individual fulfills the obligations of the proposal, the Consumer Proposal Administrator issues a Certificate of Completion. This certificate signifies the successful completion of the consumer proposal, providing individuals with the necessary documentation to move forward with their improved financial situation.

3. Licensed Insolvency Trustees as Consumer Proposal Administrators

Licensed Insolvency Trustees are the only professionals authorized to act as Consumer Proposal Administrators in Canada. They are regulated by the Office of the Superintendent of Bankruptcy, ensuring compliance with guidelines and rules. Licensed Insolvency Trustees offer court-approved debt relief options, including consumer proposals, which are legally binding on creditors and prevent legal actions against individuals.

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4. How Trustees are Paid in a Proposal

Consumer Proposal Administrators are compensated based on a tariff set by bankruptcy legislation. Their fees are deducted from the agreed-upon proposal payments made by the individual. Administrators receive 100% of the first $1,500 in receipts, covering administrative costs, and 20% of subsequent payments.

5. Identifying Unauthorized Administrators

It is crucial to exercise caution when seeking help with debt and identifying Consumer Proposal Administrators. Some unauthorized entities may falsely advertise consumer proposals, leading individuals to believe they are licensed professionals. To ensure you are working with a qualified administrator, always ask if the company is a Licensed Insolvency Trustee before proceeding.

6. Finding a Legitimate Consumer Proposal Administrator

Finding a legitimate Consumer Proposal Administrator is essential for a successful debt relief journey. Reputable trustees offer free initial consultations and do not require referrals. When searching for an administrator, consider the following:

  • Look for a company’s name and business logo, indicating they are Licensed Insolvency Trustees.
  • Verify their legitimacy by checking for real reviews from clients, such as Google Reviews.
  • Read the “about us” page on their website to gain insight into their qualifications and experience.
  • Cross-reference the trustee’s name with the Office of the Superintendent of Bankruptcy (OSB) website for confirmation of their authorization.

Remember, if an advertisement mentions a government program or promises significant debt reduction without mentioning their status as Licensed Insolvency Trustees, conduct further research to ensure their legitimacy.

7. Consumer Proposal Administrator Locations

Consumer Proposal Administrators are available throughout various locations in Canada.

Additionally, some of our offices provide the convenience of phone and video-conferencing services for areas not covered by physical offices. This allows individuals to begin consultations and assessments remotely, eliminating the need for in-person meetings.

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Navigating the process of a consumer proposal requires the expertise of a Consumer Proposal Administrator. These licensed professionals play a vital role in helping individuals manage their debt and achieve financial stability. By understanding the responsibilities of a Consumer Proposal Administrator, identifying legitimate administrators, and seeking assistance from reputable firms, individuals can confidently pursue a consumer proposal as a debt relief solution.

Remember, always consult with a Licensed Insolvency Trustee, who can guide you through the process and tailor a solution that best suits your financial needs.

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During our initial meeting, they took the time to understand my debt and financial circumstances. They explained the various options available to me and helped create a personalized plan that would be most beneficial for my situation. With their assistance, I was able to avoid declaring bankruptcy by presenting a consumer proposal to my creditors. Fortunately, my proposal was accepted, and I am extremely relieved to finally be free of debt, all thanks to BankruptcyCanada. The burden on my shoulders feels significantly lighter now, and I truly believe that Bankruptcy Canada has the most skilled specialists in debt relief.