Halsbury's Laws of Canada – Debtor and Creditor (2018 Reissue)
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A right without a remedy is no right at all, and this is no better demonstrated than with respect to the ability to collect debts that are owed. Halsbury's Debtor and Creditor (2018 Reissue) deals with the collection by unsecured creditors of debts owed by solvent debtors and discusses the federal-provincial overlap in the area of insolvency that results in many provincial statutes having application to insolvent debtors. This valuable title includes a discussion of important issues such as:
- Statutory framework
- Interest payments and payments towards debt
- Common law and statutory liens
- Creation, validity and enforcement of liens
- Equitable and repairers' liens
- Liens on motor vehicles and other chattels
- Pre-judgment remedies
- Pre-judgment garnishment
- Absconding debtors legislation
- Enforcing judgments and orders
- Examination in aid of execution
- Seizure and sale of personal property
- Seizure and sale of land
- Death of a debtor
- Exemptions from execution and garnishment
- Priorities on distribution of proceeds
- Fraudulent conveyances and fraudulent or unjust preferences
- Equitable execution
- Arrest and imprisonment of debtor
Table of contents
1. Federal and Provincial Framework
2. Debt Repayment
1. Common Law Liens
2. Equitable Liens
3. Statutory Liens
4. Repairers' Liens
III. Pre-judgment Remedies
1. Presumption Against Execution Before Judgment
2. Pre-judgment Remedies Attaching Assets
3. Pre-judgment Garnishment
IV. Enforcing Judgments or Orders
2. Examination of Debtor
3. Garnishment After Judgment
4. Execution Against Debtor's Assets
5. Exemptions From Execution and Garnishment
6. Priorities on Distribution of Proceeds
V. Additional Remedies for Creditors
2. Fraudulent Conveyances and Fraudulent or Unjust Preferences
3. Equitable Execution
4. Arrest and Imprisonment of Debtor
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