A Division I Proposal is a formal procedure governed by the Bankruptcy and Insolvency Act of Canada. Insolvent corporations and/or individuals owing more than $250,000 (not including the mortgage on their principal residence) who want to file a proposal rather than a bankruptcy are able to file a Division I Proposal.
The Act requires that the debtor work with a licensed Trustee under the Bankruptcy and Insolvency Act, like Keith G. Collins Ltd., to oversee this process.
What is a Division I Proposal?
A Division I Proposal allows you, along with your Licensed Insolvency Trustee, to put together an offer to pay your creditors a portion or all of your outstanding debt over a specified period of time. It is necessary for a majority of your creditors representing no less than two-thirds of your debt to agree to the terms of the proposal.
If approved, you make the specified payments to your Trustee who in turn pays each of your creditors. Upon meeting the obligations outlined in your proposal, you will be legally released from your debts.
What Are the Advantages of a Division I Proposal?
There are a number of advantages afforded to those that file a Division I Proposal. For example, unsecured creditors must halt collection and court actions as soon as a Division I Proposal is filed. Additionally, there is no prescribed limit as to the time period over which payments may be made, as opposed to a consumer proposal where the time limit is five years or less.
Who is Eligible for a Division I Proposal?
Insolvent corporations and individuals owing more than $250,000 (not including the mortgage on their principal residence) who want to file a proposal rather than a bankruptcy are able to file a Division I Proposal. Many businesses and self-employed professionals use this type of proposal as opposed to a consumer proposal.
Are There Any Significant Risks to a Division I Proposal?
The most significant risk associated with Division I Proposal is the possibility that the debtor will be placed into bankruptcy. This can occur in two ways.
For more information on Division I Proposals and any other services, or to book a free initial consultation, please contact us at 204-944-0187 (toll free: 1-800-263-0070). If you would prefer, you can complete our First Step form.