Division I Proposal: Bankruptcy Alberta

Posted on Tuesday, September 09, 2008

At what point does enforcement action cease against you with respect to a Division I Proposal ? Is it at the moment that the Notice of Intention is filed ? Once a Notice of Intention is filed, what happens if a couple of weeks later you change your mind and no longer wish to proceed with the Division I proposal ?

Labels: consumer proposal

1 Comments:

At 12:20 PM, Barton Goth, CIRP, Trustee in Bankruptcy said…

The stay of proceedings which is what removes the unsecured creditors rights to collect is immediate upon the filing of a Notice of Intention (NOI) or the actual filing of a Proposal. The NOI isn't always necessary to file, so in many circumstances it simply isn't used unless there is something that prevents the immediate filing of the proposal itself.

As for changing your mind, you can't withdraw a proposal. So you would be stuck. This doesn't mean you would be obligated to full fill the conditions of the proposal, but failure to do so would result in an automatic bankruptcy.