Tuesday, December 20, 2011

Consumer Proposal Helps Solve Personal Financial Problems

By Darla Lemanczyk


Someone with huge unsecured loans may consider filing for a consumer proposal. This is to enable him or her to take a little bit more time to make repayments. Again it allows that person to pay a small portion of the total amount possible. Therefore it is a way of managing personal debts through negotiations.

It differs from management plan in that a consumer administrator is necessary for governing purposes. Hence it is a legally binding procedure that is licensed by bankruptcy trustees. The moment the deal is started it cannot be cancelled as there is no room for changing minds. There are financial advisory tools meant to help clients compare various repayment methods

There are a couple of advantages enjoyed by people who choose to negotiate and settle debts through this procedure. First and foremost one is given a maximum repayment period of up to five years. Negotiations may be done on paying only a portion of total amount owed. Personal creditors are restricted from taking legal charges and interests are frozen the moment filing is done.

The reason being that the procedure was brought about for individuals to alternate bankruptcy plans. Thus if creditors breach this rule the court has a mandate to stop it immediately. Therefore one may continue enjoying his or her monthly income without any creditor having to garnish by deducting some cash to cater for loan interests.

Within forty five days the creditors should vote for or against the plan. If more than half vote yes then the plan is said to have been accepted by the whole lot. The court approves and thus abides an individual and his or her creditors to the terms and conditions of this proposal. Negotiations are overseen by a trustee to convince creditors to accept in case the voting was declined by majority. At least over fifty percent should decline for negotiations to start.

Unsecured debts like personal loans, income taxes and bad credit card debts may be included in the plan. Also an individual may be willing to give up a collateral like a car or a house for secured loans. The instant this happens the loans become unsecured as long as the individual has placed filing for the plan.

Repayments may be missed up to only two months. The personal administrator should thus fix other two extra months for payment compensations. Missing more than two months say failure to make payments for three months and more forces the court to annul the plan. This is very risky as the creditors may now press charges against the individual and start garnishing wages together with applying interests to debts.

Filing for a consumer proposal may require a person to seek credit counseling. The procedure can be so daunting that one will need some assistance. Licensed administrators will advised on the best options to use for repayments. They do this after calculating the amount to be paid every month for each option. This also depends on the intensity of balances owed and the willingness to part with money.




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