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June, 2012 Consumer Proposals Presented by: Douglas Hoyes, BA, CA, CIRP, CBV.

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Presentation on theme: "June, 2012 Consumer Proposals Presented by: Douglas Hoyes, BA, CA, CIRP, CBV."— Presentation transcript:

1 June, 2012 Consumer Proposals Presented by: Douglas Hoyes, BA, CA, CIRP, CBV

2 Consumer Proposal Legally Binding “Deal” 50% + 1 of dollar value of voting creditors required for approval

3 Why Should a Creditor Accept a Consumer Proposal? Greater realizations than bankruptcy Reasonable “cents on the dollar”

4 How to creditors vote? Most creditors accept all reasonable proposals Some creditors have unique internal rules, requiring a minimum: –Cents on the dollar –Time period –Expense levels

5 Why fixed rules don’t work: Trustees know what each creditor generally accepts, so –In many cases we will suggest bankruptcy, even where a viable proposal can be filed –This significantly reduces realizations for those creditors

6 How should creditors evaluate trustees? Responsiveness to questions Ability to produce documentation (ex. House appraisals) Dividend distribution policies Success rate

7 Hoyes Michalos Responsiveness to questions –60 staff Ability to produce documentation –All documents scanned; can be emailed Dividend distribution policies –Twice per month Success rate –92%/99%

8 Case Study

9 Case Study: Joe Debtor Debts: $50,000 Assets: –RRSP $25,000 ($5,000 in last year) Income –$2,980 per month (single, no dependants)

10 Case Study: Joe Debtor Liquidate assets: –Nets $13,000 from RRSP –Reduces debts to $37,000 –Pays $1,000 per month for 4 to 5 years to get out of debt

11 Case Study: Joe Debtor Debt Management Plan: –Pays $1,000 per month for 50 months

12 Case Study: Joe Debtor Bankruptcy: –Pays $500 per month for 21 months –Loses $5,000 of his RRSP –Loses $1,000 tax refund –COST: $16,500

13 Case Study: Joe Debtor Consumer Proposal: –Pays $300 per month for 60 months –Keeps all assets (RRSP, tax refund) –COST: $18,000 –Can pay off faster

14 Conclusion Know the warning signs Know the alternatives


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