The reason is simple, if the
alternative to a Consumer Proposal is
Bankruptcy, the creditors will choose to compromise, as they would end up receiving less under a b
Bankruptcy, the
creditors will choose
to compromise,
as they would end up receiving less under a
bankruptcybankruptcy.
As an
alternative to bankruptcy, consumer proposals help 50,000 Canadians a year keep their assets, gain protection from their
creditors but most importantly get out of debt.
It's worth noting however, that over 90 % of variations are successful - your
creditors don't want
to see your IVA fail anymore than you do
as the
alternative is usually a lower return for them in
Bankruptcy.
The primary consumer protection problem areas that have given rise
to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations about the length of time necessary
to complete a debt relief program; (3) misleading or failing
to adequately inform consumers that they will be subject
to continued collection efforts, including lawsuits, and that their account balances will increase due
to extended nonpayment under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of
bankruptcy as an
alternative for debtors; (6) lack of screening and analysis
to determine suitability of debt relief programs for individual debtors; (7) the collection of substantial up - front fees so the debt relief company gains even if it fails
to perform; (8) lack of transparency and information for consumers
as to payment of fees, status of accounts, and communications with
creditors; (9) significant delays in active negotiation or engagement with
creditors, coupled with prohibitions on direct consumer communications with
creditors; and (10), in the case of debt settlement companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.