consumer proposal vs bankruptcy Canada

Consumer proposal or bankruptcy? Debt relief in Canada, step by step

When debts can no longer be paid on schedule, Canadian law offers a handful of formal and informal ways out. These guides explain how each one works in 2026, what it costs under the federal rules, and how to check every claim with the official source.

  • Compare credit counselling, debt management plans, consumer proposals, bankruptcy and provincial programs
  • Work out surplus income, proposal costs and plan payments with the calculators and worked examples
  • Spot unlicensed debt consultants and use the OSB, FCAC and provincial sources to verify

Start hereBankruptcy Surplus Income Payment Estimator (2026 standards)

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Options, Costs and 2026 Rules

How consumer proposals and bankruptcy work under the Bankruptcy and Insolvency Act, what they cost, what you keep and which debts survive.

7 Guides

Calculations and Checklists

Surplus income, proposal offers, plan payments and asset scenarios worked out step by step, plus checklists for meeting a trustee and keeping your duties.

7 Guides

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Tools

Debt relief options in Canada compared

OptionHow it worksGood forWatch out for
Negotiating directly with creditorsYou ask each lender for a hardship arrangement, lower payment or reduced interestShort-term problems with one or two creditorsNo legal protection; arrangements may still be reported to credit bureaus
Debt consolidation loanA new loan pays off several debts at a lower rateGood credit and a stable income, where the rate truly fallsOnly helps if the total cost falls and you stop borrowing again
Debt management plan (non-profit credit counselling)Voluntary plan: you repay full principal through an agency, often with interest reduced or waivedSteady income that can repay principal within about 5 yearsCreditors can refuse; no stay of lawsuits; noted on credit report until 2 years after completion
Orderly Payment of Debts (AB, NS, SK, PEI)Court consolidation order under BIA Part X; one payment to an administratorResidents of participating provinces with eligible debtsRepays debts in full; not every debt can be included; available only in some provinces

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Frequently asked questions

What is the difference between a consumer proposal and bankruptcy?

A consumer proposal is a legally binding deal, made through a Licensed Insolvency Trustee, to repay part of your unsecured debt over up to five years while you keep your assets. Bankruptcy releases most debts but you give up non-exempt assets and may make surplus income payments. Both stop most collection action once filed.

What is the debt limit for a consumer proposal in 2026?

Your total debts, excluding debts secured by your principal residence, must be $250,000 or less (BIA s. 66.11). A proposed change to $325,000 was published for comment in November 2025 but was not in force when we checked in October 2026. Above the limit, a Division I proposal is the alternative.

How long does a first bankruptcy last?

A first-time bankrupt is normally discharged automatically after 9 months, or 21 months if surplus income payments are required, provided nobody opposes the discharge and counselling has been completed. A second bankruptcy takes 24 or 36 months.

Can I include student loans?

Government student loans are not released if you file while still a student or within 7 years of ceasing to be a full- or part-time student (BIA s. 178(1)(g)). After 5 years you can ask the court for hardship relief. Older student loans are included like other unsecured debts.

Do I lose my house or car?

In a consumer proposal you generally keep both as long as you keep paying the mortgage and car loan. In a bankruptcy, equity above your province's exemptions may have to be paid to the estate. Ask a trustee to estimate it for your province.

Who can legally file a consumer proposal for me?

Only a Licensed Insolvency Trustee acting as administrator. Debt consultants and settlement firms cannot file; many simply refer you to a trustee after charging a fee. Check any trustee in the OSB's public search.

How long does a proposal or bankruptcy stay on my credit report?

According to the FCAC, a consumer proposal is removed 3 years after it is paid off or 6 years after you signed it, whichever comes first. A first bankruptcy usually stays 6 years after discharge, 7 years with TransUnion in Newfoundland and Labrador, Ontario, PEI and Quebec.

Is credit counselling free?

Non-profit credit counselling sessions are usually free or low-cost, but a debt management plan may involve modest monthly fees. Ask for every fee in writing, and be wary of firms that charge large upfront fees.

How this site is made

Debt Exit Map is an independent information project. Guides are drafted with the help of AI writing tools and checked against official and primary sources before publication; see our Editorial Policy. We are not affiliated with any provider mentioned on the site and do not sell products or services.