My partner and I are in serious financial difficulty and are considering either bankruptcy or a consumer proposal. We have approximately $200,000 in consumer debt (car loans, credit cards, lines of credit). We can barely make the minimum payments, but every time an unexpected expense arises, we have to resort to our credit cards or lines of credit, which has kept us going in circles for two years, and the balances on most of our debts (except for closed loans) aren't decreasing. Our main creditor (40% of our debt) is the bank where we have our mortgage and our main bank accounts. I'm therefore afraid they will oppose our proposal and tip the scales against us. If the proposal is rejected, we will likely have to consider bankruptcy. I don't mind losing all my possessions if necessary, but I can't afford to lose the house. We have two dogs, and without a house, we'll have to give them up, which is out of the question. My question is: Can we lose our house if we go bankrupt? Our house is worth $220,000 on the market. Our mortgage balance is $179,500.
To keep your home, you will need to:
1) be up-to-date on your mortgage payments, taxes, etc.;
2) reach an agreement with the trustee for payment of a reasonable surplus value, if your home is indeed worth more than the mortgage.
These issues will be discussed during your initial meeting with a trustee.
1) be up-to-date on your mortgage payments, taxes, etc.;
2) reach an agreement with the trustee for payment of a reasonable surplus value, if your home is indeed worth more than the mortgage.
These issues will be discussed during your initial meeting with a trustee.
Questions reliées
- A few months ago, I bought a new car, financed by the bank. My partner signed the loan agreement, and I was the co-buyer. If I sign a consumer proposal, what impact will it have on the loan? I don't want my partner to be disadvantaged.
- Can I consider the consumer proposal even if I am receiving unemployment insurance benefits (I have the maximum benefits)?
- Can my spouse and I submit a proposal at the same time? We have approximately $115,000 in debt. Can we also include our line of credit and credit facilities in this proposal? My mortgage renewal is due next year: could the financial institution refuse me?
- Does making a consumer proposal impact our job prospects? To work for the government, applicants are required to sign an authorization to check references, criminal record, and credit before being hired.
- For the past few years, the provincial government has been garnishing my wages. After all this time, I'm at my wit's end. However, I'm indebted to friends and family. I also owe Hydro-Québec, Mastercard, and now the federal government is demanding over $4,000, which will result in another wage garnishment. I'm in debt and I couldn't pay my rent this month. Can I include my unpaid rent in my consumer proposal since my landlord has gone to the Régie du logement (Quebec Rental Board) and the next month is coming up and I won't be able to pay it?
