Halsbury's Debtor and Creditor (2022 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.
Authored by Milton Davis and Catherine Morin, this valuable title includes a discussion of important issues such as:
- Statutory framework
- Debt repayment and set-off
- Common law, statutory, equitable and repairers' liens
- Creation, validity and enforcement of liens
- Liens on motor vehicles and other chattels
- Pre-judgment remedies
- Pre-judgment garnishment
- Enforcing judgments and orders
- Examination of debtor
- Garnishment after judgment
- Legal 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
- Additional remedies for creditors
- Fraudulent conveyances and fraudulent or unjust preferences
- Equitable execution
- Arrest and imprisonment of debtor
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
