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   Surrey: (604) 591 6181      

Vancouver: (604) 689 3928

Ordinary Proposal

Ordinary (Division 1) Proposals

An Ordinary Proposal (or Division 1 proposal) is similar to a Consumer Proposal but applies to individuals or businesses with more complex situations involving debts in over $250,000. It is a legally binding process governed by the Bankruptcy and Insolvency Act (BIA) administered by a Licensed Insolvency Trustee (LIT).

Numerous provisions in the BIA may impact a proposal filing and the risks associated with filing a proposal. We advise you to contact one of our Licensed Insolvency Trustees to discuss your options and select the best solution for your financial future.

How an Ordinary Proposal Works

Below are the steps when filing an ordinary proposal:

1. Seek the assistance of a LIT
Work with our team of trusted advisors to conduct a formal assessment of your financial situation to determine what options are available to you. If filing a Division 1 Proposal is your best option, we will work with you to develop a plan to present to your creditors.

2. Filing a “Notice of Intention to File a Proposal”
We will file a “Notice of Intention to File a Proposal,” notifying all your creditors that the proposal is being prepared for presentation. During this time, which can range from 30 days to six months, creditors cannot continue or commence any legal proceeding against you without leave of court. In addition, generally, no payments are made to the outstanding unsecured creditors during this time.

There may be exceptions to this process, so it is crucial to speak with us before deciding to file a Division 1 proposal.

3. Obtaining Approval
Once developed, the proposal is presented to your creditors for approval. It must be approved by the majority of your creditors, holding at least two-thirds in value of the claims. Once this majority has accepted the proposal, it needs to be approved by the court. A proposal accepted by the creditors and approved by the court is binding on all unsecured creditors and secured creditors.

You will remain in possession of your property as long as you continue to make payments to your secured creditors who hold charges against you and abide by the terms of the proposal.

4. Fulfilling the Proposal
Once you have fulfilled the terms of your proposal, you will be issued a Certificate of Full Performance and legally released from the debts included in your proposal.

Ready to File an Ordinary Proposal?

Complete the following form, and one of our Licensed Insolvency Trustees will contact you for a free, no-commitment consultation to evaluate your financial situation.

 

If you require immediate assistance, please get in touch with us by phone at (604) 689 3928 or email at trustee@crowemackay.ca

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Vancouver (resident office)

Crowe MacKay & Company

1100 - 1177 West Hastings Street

Vancouver, BC V6E 4T5

Surrey (non-resident office)

Crowe MacKay & Company

#200, 5455 - 152 Street

Surrey, BC  V3S 5A5

Contact Us

Monday – Friday: 8:30 A.M. - 5:00 P.M.

Phone

(604) 687 4511

Fax

(604) 687 5617

Email

trustee@crowemackay.ca

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