“I filed for bankruptcy in 1992 and was discharged. Unfortunately, I am in over my head again and I am wondering: Should I file for bankruptcy or do a consumer proposal?”
Considering filing bankruptcy a second time is not as unusual as you think. There are however implications of a second, or third, bankruptcy that you need to consider.
Second Bankruptcy Cost
A second bankruptcy will last longer and as a result your cost of bankruptcy will be more.
- A second time bankrupt with no surplus will get an automatic bankruptcy discharge after 24 months (unless opposed)
- A second time bankrupt with surplus will get an automatic discharge after 36 months (unless opposed)
- If this is your third bankruptcy, you are not eligible for an automatic discharge. Your bankruptcy trustee will need to apply to the bankruptcy court for an application for discharge hearing.
One of the biggest issues is if you have “surplus income“. Making higher payments due to higher income, for longer, can make filing bankruptcy a second time very expensive. An alternative in this situation is to consider a consumer proposal.
Another factor to consider is the fact that a second time the bankruptcy will remain on your credit report for 14 years after discharged. The first time you filed it was removed in six years after discharge.
Consumer Proposal as an Alternative
A better route may be to file a consumer proposal. It would still cost more (because you have to pay at least what a bankruptcy would cost), but you can spread this out over up to 5 years to make the payment more manageable. You also have the option to make additional payments to pay off your consumer proposal faster if your financial situation improves.
But the main reason many people choose to file a consumer proposal is the effect on their credit rating. A consumer proposal stays on a credit report for 3 years after it’s paid off. If we compare that to a second bankruptcy, a proposal completed in 5 years would remain on his report for 8 years from the date of filing, versus the 17 years for a second bankruptcy.
If you are trying to decide what to do, Hoyes Michalos can help. Call us at 1-866-747-0660 and together we can develop a plan that is right for you.