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Bankruptcy and Insolvency Act

Version of section 66.12 from 2009-09-18 to 2024-05-28:

Marginal note:Consumer proposal

  •  (1) A consumer proposal may be made by a consumer debtor, subject to subsections (2) and 66.32(1).

  • Marginal note:Dealing with certain consumer proposals together

    (1.1) Two or more consumer proposals may, in such circumstances as are specified in directives of the Superintendent, be dealt with as one consumer proposal where they could reasonably be dealt with together because of the financial relationship of the consumer debtors involved.

  • Marginal note:Restriction

    (2) A consumer debtor who has filed a notice of intention or a proposal under Division I may not make a consumer proposal until the trustee appointed in respect of the notice of intention or proposal under Division I has been discharged.

  • Marginal note:To whom consumer proposal is made

    (3) A consumer proposal shall be made to the creditors generally.

  • Marginal note:Creditors’ response

    (4) Any creditor may respond to a consumer proposal by filing with the administrator a proof of claim in the manner provided for in

    • (a) sections 124 to 126, in the case of unsecured creditors; or

    • (b) sections 124 to 134, in the case of secured creditors.

  • Marginal note:Term of consumer proposal

    (5) A consumer proposal must provide that its performance is to be completed within five years.

  • Marginal note:Priority of claims, fees

    (6) A consumer proposal must provide

    • (a) for the payment in priority to other claims of all claims directed to be so paid in the distribution of the property of the consumer debtor;

    • (b) for the payment of all prescribed fees and expenses

      • (i) of the administrator on and incidental to proceedings arising out of the consumer proposal, and

      • (ii) of any person in respect of counselling provided pursuant to paragraph 66.13(2)(b); and

    • (c) for the manner of distributing dividends.

  • 1992, c. 27, s. 32
  • 1997, c. 12, s. 46
  • 2005, c. 47, s. 47(E)

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