Bankruptcy vs Consumer Proposal: Complete Cost Comparison (2026)
TL;DR
A consumer proposal typically costs 20-30% of your total unsecured debt, spread over up to 5 years with zero interest. Bankruptcy costs depend on your income, assets, and filing history — a first-time bankruptcy with no surplus income costs approximately $1,800 over 9 months, but surplus income payments can significantly increase the total. Both processes are administered by Licensed Insolvency Trustees whose fees are regulated by the federal government.
Understanding the True Cost of Each Option
When Canadians face overwhelming debt, two of the most common formal relief options are bankruptcy and a consumer proposal. Both are governed by the Bankruptcy and Insolvency Act (BIA) and must be administered by a Licensed Insolvency Trustee (LIT). But the costs of each can differ dramatically depending on your income, assets, and total debt load.
Understanding the full financial picture — not just the sticker price — is essential to making an informed decision. Use our debt relief quiz to get a personalized starting point, then consult a licensed professional for advice tailored to your situation.
Consumer Proposal Costs Explained
A consumer proposal is a legally binding agreement between you and your creditors to repay a portion of your debt. Here is how the costs break down:
What You Pay
- Percentage of debt: You typically offer creditors 20-30% of what you owe, though some proposals go higher depending on your income and assets
- Monthly payments: Spread over up to 60 months (5 years), with no interest
- LIT fees: Included in your payments — regulated by the BIA. The LIT receives a set percentage; you do not pay extra
- No upfront fees: Any company asking for money before filing is a red flag
Example: Consumer Proposal
| Detail | Amount | |---|---| | Total unsecured debt | $50,000 | | Proposed repayment | 25% ($12,500) | | Monthly payment | $208/month for 60 months | | LIT fee | Included in the $12,500 | | Total cost to you | $12,500 |
What You Keep
In a consumer proposal, you keep all your assets — your home, your vehicle, your RRSP, your tools of trade. There is no asset seizure. This is one of the most significant advantages over bankruptcy.
Bankruptcy Costs Explained
Bankruptcy is a legal process that eliminates most unsecured debts, but it comes with more complex cost implications.
Base Cost (First-Time, No Surplus Income)
A first-time bankruptcy with no surplus income typically costs approximately $1,800, paid in monthly installments over 9 months. This covers the LIT's administration fee, government filing fees, and two mandatory credit counselling sessions.
Surplus Income: The Hidden Cost
The Office of the Superintendent of Bankruptcy (OSB) sets income thresholds each year. If your net income exceeds the threshold for your family size, you must pay 50% of the surplus to your bankruptcy estate.
| Family Size | 2026 Monthly Threshold (approx.) | |---|---| | 1 person | $2,543 | | 2 people | $3,163 | | 3 people | $3,889 | | 4 people | $4,725 |
If you have surplus income:
- First bankruptcy duration extends from 9 months to 21 months
- You pay 50% of all income above the threshold each month
- Total cost can reach $10,000-$20,000+ depending on income
Asset Implications
In bankruptcy, non-exempt assets must be surrendered to the LIT for the benefit of creditors. Each province sets its own exemptions. Use our calculator to estimate your specific costs based on your province.
Example: Bankruptcy with Surplus Income
| Detail | Amount | |---|---| | Total unsecured debt | $50,000 | | Base cost | $1,800 | | Net monthly income | $3,543 | | Surplus over threshold (single) | $1,000/month | | Surplus payment (50%) | $500/month × 21 months = $10,500 | | Total cost to you | ~$12,300 | | Duration | 21 months | | Assets at risk | Non-exempt assets surrendered |
Side-by-Side Comparison
| Factor | Consumer Proposal | Bankruptcy | |---|---|---| | Typical cost | 20-30% of debt | $1,800 base + surplus income | | Duration | Up to 60 months | 9-21 months (first) | | Assets | Keep everything | Non-exempt assets surrendered | | Credit impact | R7 for 3 years post-completion | R9 for 6-7 years post-discharge | | Income impact | Fixed payments regardless of raises | Surplus income payments increase with income | | Professional fees | Included in payments | Included in base cost | | Creditor protection | Yes (stay of proceedings) | Yes (stay of proceedings) |
Which Option Costs Less?
There is no universal answer. Consider these scenarios:
Consumer proposal may cost less when:
- You have moderate to high income (surplus income would drive up bankruptcy costs)
- You have significant assets you want to protect (home equity, investments)
- You can negotiate a low percentage with creditors
Bankruptcy may cost less when:
- Your income is below the surplus income threshold
- You have few non-exempt assets
- Your total debt is very high relative to your income
Important Cost Considerations
Second Bankruptcy Costs More
A second bankruptcy lasts a minimum of 24 months (36 months with surplus income) and remains on your credit report for 14 years. The financial and credit consequences are substantially higher.
Credit Rebuilding Costs
Both options affect your ability to access credit, which can indirectly increase costs (higher interest rates on future borrowing). A consumer proposal's R7 rating clears sooner than bankruptcy's R9, potentially saving thousands in interest over time.
Tax Implications
Debts forgiven through either process may have tax implications. In a consumer proposal, creditors receive a portion of what is owed. In bankruptcy, most unsecured debts are fully discharged. Consult a tax professional about your specific situation.
What to Do Next
- Take our debt relief quiz to see which option may suit your situation
- Use our cost calculator to estimate costs for your specific circumstances
- Book a free consultation with a Licensed Insolvency Trustee — find one near you
- Read more about consumer proposals and how they work
- Watch for scams — legitimate LITs never charge upfront fees
Frequently Asked Questions
Can I switch from bankruptcy to a consumer proposal?
Yes. If you have already filed for bankruptcy but have not yet been discharged, your LIT can help you convert to a consumer proposal. This is called an "annulment" of the bankruptcy. It is a common strategy when circumstances change.
Do I need a lawyer for either option?
No. Both consumer proposals and bankruptcies are filed through a Licensed Insolvency Trustee, not a lawyer. LITs are federally regulated professionals specifically licensed for insolvency matters. You do not need separate legal representation.
Can creditors reject a consumer proposal?
Yes. Creditors vote on your proposal. It must be accepted by a simple majority in dollar value of proven claims. If rejected, your LIT can help you amend and refile. Approximately 90% of consumer proposals in Canada are accepted by creditors.
Are LIT consultation fees regulated?
Initial consultations with Licensed Insolvency Trustees are free — this is an industry standard across Canada. All fees for both consumer proposals and bankruptcies are regulated under the BIA and approved by the court.
Last updated: April 2026
Sources:
- Office of the Superintendent of Bankruptcy Canada — Surplus income thresholds, filing statistics
- Bankruptcy and Insolvency Act (BIA) — Fee regulations, proposal requirements
- Canadian Association of Insolvency and Restructuring Professionals (CAIRP) — Industry guidelines
- Financial Consumer Agency of Canada (FCAC) — Consumer protection resources
Not sure which option is right for you?
Take our free quiz to get personalized recommendations.
Take the QuizRelated Content
Alberta Bankruptcy Exemptions: What You Can Keep (2026 Guide)
Alberta has some of the most generous bankruptcy exemptions in Canada. Under the Civil Enforcement Act and related regulations, Alberta residents can protect significant home equity ($40,000), one motor vehicle ($5,000 equity), household furnishings ($4,000), clothing ($4,000), and tools of trade. Understanding these exemptions is essential when deciding between bankruptcy and a consumer proposal.
Read more →Can a Consumer Proposal Stop CRA Garnishments? (2026 Guide)
Yes, a consumer proposal can stop CRA garnishments. When filed through a Licensed Insolvency Trustee, a consumer proposal triggers an automatic stay of proceedings that legally stops the Canada Revenue Agency from continuing wage garnishments, bank account freezes, and other collection actions. CRA tax debt can be included in a consumer proposal alongside other unsecured debts.
Read more →How Credit Counselling Works in Canada: Process and Costs (2026)
Credit counselling in Canada involves working with an accredited non-profit agency to review your finances, create a budget, and potentially set up a debt management plan. Initial consultations are free. If a DMP is recommended, the agency negotiates reduced interest rates with your creditors and you make one monthly payment. Accredited agencies are members of Credit Counselling Canada or the Canadian Association of Credit Counselling Organizations.
Read more →