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Filing a Second Consumer Proposal

 

Posted on Monday, September 11, 2006

A few months ago I met with someone in Windsor who wanted to file a second consumer proposal. The first one failed because missed 3 months of payments. Unfortunately, under the Bankruptcy and Insolvency Act he cannot file another consumer proposal until all of the debts from the first one are paid, unless he gets a court order allowing him to do so. He then was able to hire a lawyer and obtained a court order allowing him to file another consumer proposal. This second consumer proposal is now awaiting creditor approval.

The important point is that his first proposal failed because he stopped making payments. If your situation changes and you can no longer afford the proposal, you need to talk to your trustee about this. It is possible to send an amendment to your consumer proposal if you are no longer able to make the payments you once could. If you would like to discuss consumer proposals in more detail, email me a question.
    
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