When you're struggling with debt in Canada, consumer proposals and personal bankruptcy are the two most powerful formal debt relief tools available under the Bankruptcy and Insolvency Act (BIA). Both are administered by Licensed Insolvency Trustees and both trigger an immediate stay of proceedings. But they work very differently — and the right choice depends on your income, assets, and goals.
| Factor | Consumer Proposal | Bankruptcy |
|---|---|---|
| Debt limit | Up to $250,000 unsecured | No limit |
| Asset protection | Keep all assets | Non-exempt assets may be sold |
| Duration | Up to 60 months (5 years) | 9–36 months depending on situation |
| Credit rating | R7 on included accounts | R9 on included accounts |
| Credit report stay | 3 yrs post-completion or 6 yrs from filing | 6 yrs post-discharge (14 yrs if 2nd) |
| Surplus income | Not applicable | 50% of income over threshold paid to trustee |
| Amount repaid | Portion of debt (typically 20–70%) | Non-exempt assets only; most unsecured debt wiped |
| Public record | Yes (insolvency registry) | Yes (insolvency registry) |
| Professional licences | Less impact | Some professions restrict bankrupts |
| Creditor approval needed | Yes — majority by dollar value must accept | No |
One of the most important — and often misunderstood — comparisons is surplus income. In bankruptcy, if your net income exceeds approximately $2,700/month (for a single person in 2025), you pay 50% of the excess to your trustee every month, and your bankruptcy is extended to 21 months. This can make bankruptcy surprisingly costly for middle-income earners.
Example: If you earn $4,000/month net and your threshold is $2,700, you pay 50% of $1,300 = $650/month for 21 months = $13,650 total. A consumer proposal for a similar amount might offer more predictability and slightly better credit outcomes.
In a consumer proposal, you keep all your assets — no exceptions. In bankruptcy, the trustee may take non-exempt assets. If you own a home with significant equity above the provincial exemption, have a car worth more than the exemption, or have non-RRSP investments, bankruptcy could cost you more than you expect.
Both options damage your credit in the short term, but they differ in how long and how severely:
In practice, the credit recovery timelines are not dramatically different, especially if you actively rebuild during the process. Many people are back to good credit within 2–3 years post-discharge from either process.
Certain licensed professions in Canada have rules around bankruptcy — lawyers, accountants, some financial advisors, and trustee applicants may face restrictions or disclosure requirements. A consumer proposal generally has fewer professional implications. Check with your regulatory body before filing.
For most Canadians with steady income and some assets to protect, a consumer proposal is the better option — it costs more in absolute dollars but preserves assets, has a slightly better credit impact, and carries less social stigma. For those with very low income, no assets, and crushing debt, bankruptcy offers the fastest and most complete relief.
The best way to decide is a free consultation with a Licensed Insolvency Trustee, who will run the numbers for both options and give you an honest recommendation based on your specific situation.
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