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Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
(Title of Court and style of cause as in Form 1)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
TAKE NOTICE that the above named person has applied for a consolidation order under the Orderly Payment of Debts provisions of Part X of the Bankruptcy and Insolvency Act and has, by affidavit filed in this court, given the following information: Creditors of the Debtor Relationship to Debtor Date Debt Incurred Amount 1 $ 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ 8 $ 9 $ 10 $
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
The following creditors hold security as follows: Creditors Nature and Particulars of Security Property by Debtor Value Encumbrances $ $ Income of Source of Income Debtor $ Spouse or common-law partner Debtor $ From other sources $ Total $ (per month)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
The Debtor has the following Dependants: Name Age Relationship Extent of Dependency
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
The Debtor has the following living expenses: Food $ Rent $ Utilities $ Clothing $ Drugs $ Transportation $ Insurance $ Incidentals $ Total $ (per month)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
The clerk has settled that the amount of $ (weekly or monthly) be paid into court by the debtor to be distributed pro rata among the creditors once every three months.
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
If you have any objection to the amount as acknowledged as owing to you or any creditor, or to the manner of, or the amount of payment, or to any of the facts set out above, return the attached form to the court within twenty days from the date hereof, stating fully your objections. Any objections will be heard by the clerk at his office in the Court House at on the day of 20 at the hour of . You will, prior to that date, be notified of any objections filed by other creditors in connection with the application.
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
If you do not file any objection within the time stated, the amount acknowledged as owing to you by the debtor will become a judgment of the court in full settlement of his debt, and the manner of payment will become an order of the court.
Orderly Payment of Debts Regulations — “232. (1)
NOTE: If the debt as acknowledged to you is secured, you may, at any time, elect to rely on your security in the manner provided for in section 232 of the Act, a copy of that section being set out below: “232. (1) A registered creditor holding security for a claim may, at any time, elect to rely on his security notwithstanding that the claim is included in a consolidation order. (2) Where the proceeds from the disposal of the security referred to in subsection (1) are in excess of the registered creditor’s claim, the excess shall be paid into court and applied in payment of other judgments against the debtor. (3) Subsection (2) does not apply where the security is in the form of chattels exempt from seizure under any law in force in the province in which the consolidation order was issued. (4) Where the proceeds from the disposal of the security referred to in subsection (1) are less than the registered creditor’s claim, the creditor remains entitled to the balance of his claim. (5) Subsection (4) does not apply in a case where, under the law in force in the province in which the consolidation order was issued, a creditor (a) who enforces his security by repossession or repossession and sale, or (b) who seizes and sells the security under an execution issued pursuant to a judgment obtained against the debtor in respect of the claim so secured, is limited in his recovery of the claim to the security so repossessed or the proceeds of the sale thereof.”
Orderly Payment of Debts Regulations — “232. (1)
“232. (1) A registered creditor holding security for a claim may, at any time, elect to rely on his security notwithstanding that the claim is included in a consolidation order.
Orderly Payment of Debts Regulations — (2)
(2) Where the proceeds from the disposal of the security referred to in subsection (1) are in excess of the registered creditor’s claim, the excess shall be paid into court and applied in payment of other judgments against the debtor.
Orderly Payment of Debts Regulations — (3)
(3) Subsection (2) does not apply where the security is in the form of chattels exempt from seizure under any law in force in the province in which the consolidation order was issued.
Orderly Payment of Debts Regulations — (4)
(4) Where the proceeds from the disposal of the security referred to in subsection (1) are less than the registered creditor’s claim, the creditor remains entitled to the balance of his claim.
Orderly Payment of Debts Regulations — (5)
(5) Subsection (4) does not apply in a case where, under the law in force in the province in which the consolidation order was issued, a creditor (a) who enforces his security by repossession or repossession and sale, or (b) who seizes and sells the security under an execution issued pursuant to a judgment obtained against the debtor in respect of the claim so secured, is limited in his recovery of the claim to the security so repossessed or the proceeds of the sale thereof.”
Orderly Payment of Debts Regulations — (a)
(a) who enforces his security by repossession or repossession and sale, or
Orderly Payment of Debts Regulations — (b)
(b) who seizes and sells the security under an execution issued pursuant to a judgment obtained against the debtor in respect of the claim so secured,
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
is limited in his recovery of the claim to the security so repossessed or the proceeds of the sale thereof.”
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
If you elect to rely on your security, you must immediately place a fair value on the goods so repossessed and notify the court of this valuation at once.
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
If the value exceeds the amount owing to you, then you are ordered to pay the excess of that value upon realization as to which you are required to exercise due diligence.
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
In the Court of (County, Judicial Centre or District, or as the case may be) of In re Debtor
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
To the Clerk of the Court Court House (location) (Province)
Orderly Payment of Debts Regulations — (Here state reasons, whether as to amount of debt, or manner of payment)
(Here state reasons, whether as to amount of debt, or manner of payment) TAKE NOTICE that I object to the settlement made by you in this matter for the following reasons:
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
(Title of Court and style of cause as in Form 3)
Orderly Payment of Debts Regulations — (Delete line that does not apply)
(Delete line that does not apply) TAKE NOTICE that an objection has been filed herein by (or if objection is to another creditor’s claim, specify) to the claim of
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
(or if objection is to another creditor’s claim, specify)
Orderly Payment of Debts Regulations — (For Debtor)
(For Debtor) You are therefore required to attend
Orderly Payment of Debts Regulations — (For Creditor)
(For Creditor) You may attend before the Clerk of the Court on the day of 20 at the hour of in the Court House at at which time the objections will be heard and disposed of.
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
before the Clerk of the Court on the day of 20 at the hour of in the Court House at at which time the objections will be heard and disposed of.
Orderly Payment of Debts Regulations — (a)
TAKE NOTICE that an application will be made by to the presiding judge in court (or the presiding judge in chambers, or as the case may be) at the court house in the (city, town, etc.) of in the Province of on the day of 20 at the hour of for an order (Delete the statements that do not apply) determining the objection of (a) to the claim of (b) to the terms (or to the proposed terms, as the case may be) of the consolidation order; (c) to the method of payment of the claims by the debtor; or (d) that terms of payment by the debtor should be fixed; or for such other order as seems just. (If required by the clerk, add) AND FURTHER TAKE NOTICE that in support of the application will be read the affidavit of (the applicant) filed, (and specify any other material to be used).
Orderly Payment of Debts Regulations — (a)
(Delete the statements that do not apply) determining the objection of (a) to the claim of (b) to the terms (or to the proposed terms, as the case may be) of the consolidation order; (c) to the method of payment of the claims by the debtor; or (d) that terms of payment by the debtor should be fixed; or for such other order as seems just.
Orderly Payment of Debts Regulations — (b)
(b) to the terms (or to the proposed terms, as the case may be) of the consolidation order;
Orderly Payment of Debts Regulations — (c)
(c) to the method of payment of the claims by the debtor; or
Orderly Payment of Debts Regulations — (d)
(d) that terms of payment by the debtor should be fixed;
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
(If required by the clerk, add) AND FURTHER TAKE NOTICE that in support of the application will be read the affidavit of (the applicant) filed, (and specify any other material to be used).
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
filed, (and specify any other material to be used).
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
DATED AT the day of 20 (Clerk of the court, or other applicant.)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
(Clerk of the court, or other applicant.)
Orderly Payment of Debts Regulations — To:
To: (Names and addresses of creditors, and debtor, as the case may be, receiving notice)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
(Title of Court and style of cause as in Form 5)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
TAKE NOTICE that an application will be made by to the presiding judge in court (or the presiding judge in chambers, or as the case may be) at the court house in the (city, town, etc.) of in the Province of on the day of 20 at the hour of for an order approving the provision of the consolidation order for payment in full of the registered debts over a period longer than three years, without the consent of the following creditors: or for such other order as seems just.
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
approving the provision of the consolidation order for payment in full of the registered debts over a period longer than three years, without the consent of the following creditors:
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
DATED at the day of 20 (Clerk of the Court, or other applicant.)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
(Clerk of the Court, or other applicant.)
Orderly Payment of Debts Regulations — (a)
TAKE NOTICE that an application will be made by to the presiding judge in court (or the presiding judge in chambers, or as the case may be) at the court house in the (city, town, etc.) of in the Province of on the day of 20 at the hour of for an order Delete (a) or (b) (a) Authorizing the applicant to take on behalf of all the registered creditors such proceedings to enforce the consolidation order as the court deems advisable and after payment of the applicant’s costs in taking the proceedings to pay into court all monies recovered as a result of the proceedings, upon the grounds that (i) the debtor is in default in complying with the consolidation order, (ii) a further proceeding for the recovery of money has been brought against the debtor, (iii) after the consolidation order made herein the debtor has incurred further debts totalling in excess of five hundred dollars, (iv) a judgment in excess of one thousand dollars has been recovered against the debtor by who refuses to have his name added to the register, or (v) the debtor has property (or funds) available for the satisfaction of the consolidation order, or Delete all grounds that do not apply) (b) Permitting all the registered creditors to proceed each independently of the others for the enforcement of their claims under the consolidation order, upon the grounds that (i) the debtor is in default in complying with the consolidation order, (ii) a further proceeding for the recovery of money has been brought against the debtor, (iii) after the consolidation order was made herein the debtor has incurred further debts totalling in excess of five hundred dollars, (iv) a judgment in excess of one thousand dollars has been recovered against the debtor by who refuses to have his name added to the register, or (v) the debtor has property (or funds) available for the satisfaction of the consolidation order, or for such other order as seems just.
Orderly Payment of Debts Regulations — (a)
Delete (a) or (b) (a) Authorizing the applicant to take on behalf of all the registered creditors such proceedings to enforce the consolidation order as the court deems advisable and after payment of the applicant’s costs in taking the proceedings to pay into court all monies recovered as a result of the proceedings, upon the grounds that (i) the debtor is in default in complying with the consolidation order, (ii) a further proceeding for the recovery of money has been brought against the debtor, (iii) after the consolidation order made herein the debtor has incurred further debts totalling in excess of five hundred dollars, (iv) a judgment in excess of one thousand dollars has been recovered against the debtor by who refuses to have his name added to the register, or (v) the debtor has property (or funds) available for the satisfaction of the consolidation order,
Orderly Payment of Debts Regulations — (i)
(i) the debtor is in default in complying with the consolidation order,
Orderly Payment of Debts Regulations — (ii)
(ii) a further proceeding for the recovery of money has been brought against the debtor,
Orderly Payment of Debts Regulations — (iii)
(iii) after the consolidation order made herein the debtor has incurred further debts totalling in excess of five hundred dollars,
Orderly Payment of Debts Regulations — (iv)
(iv) a judgment in excess of one thousand dollars has been recovered against the debtor by who refuses to have his name added to the register, or
Orderly Payment of Debts Regulations — (v)
(v) the debtor has property (or funds) available for the satisfaction of the consolidation order,
Orderly Payment of Debts Regulations — (b)
Delete all grounds that do not apply) (b) Permitting all the registered creditors to proceed each independently of the others for the enforcement of their claims under the consolidation order, upon the grounds that (i) the debtor is in default in complying with the consolidation order, (ii) a further proceeding for the recovery of money has been brought against the debtor, (iii) after the consolidation order was made herein the debtor has incurred further debts totalling in excess of five hundred dollars, (iv) a judgment in excess of one thousand dollars has been recovered against the debtor by who refuses to have his name added to the register, or (v) the debtor has property (or funds) available for the satisfaction of the consolidation order, or for such other order as seems just.
Orderly Payment of Debts Regulations — (iii)
(iii) after the consolidation order was made herein the debtor has incurred further debts totalling in excess of five hundred dollars,
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
DATED at the day of 20 (Clerk of the Court, or other applicant).
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
(Clerk of the Court, or other applicant).
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
TAKE NOTICE that an application will be made by to the presiding judge in court (or the presiding judge in chambers, or as the case may be) at the court house in the (city, town, etc.) of in the Province of on the day of 20 at the hour of for an order granting the debtor continued relief under the consolidation order upon the grounds that the debtor’s default in making payments on the order is due to circumstances beyond his control, or for such other order as seems just.
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
granting the debtor continued relief under the consolidation order upon the grounds that the debtor’s default in making payments on the order is due to circumstances beyond his control,
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
Upon application of , debtor, and upon reading the affidavit of the debtor, filed, and upon hearing the debtor (and the registered creditors): IT IS ORDERED (that the present circumstances of the debtor do not warrant the immediate settling of amounts of payment into court or the times of payment thereof, or) that the debtor pay to the Clerk of the Court of , (centre) of at on day of each and every week (or as the case may be) commencing day, the day of 20 , the sum of $ to be distributed by the Clerk of the said court on a pro rata basis among the following registered creditors of the debtor, and among such other registered creditors as may be added to this order such payments to continue for a period of weeks (or as the case may be) until the claims outstanding herein have been satisfied. Date of Registration Registered Creditor Address Amount of Debt 1 $ 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ 8 $ 9 $ 10 $
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
IT IS ORDERED (that the present circumstances of the debtor do not warrant the immediate settling of amounts of payment into court or the times of payment thereof, or) that the debtor pay to the Clerk of the
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
on day of each and every week (or as the case may be) commencing day, the day of 20 , the sum of $ to be distributed by the Clerk of the said court on a pro rata basis among the following registered creditors of the debtor, and among such other registered creditors as may be added to this order such payments to continue for a period of weeks (or as the case may be) until the claims outstanding herein have been satisfied.
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
( If applicable ) IT IS FURTHER ORDERED (here insert terms as to custody of debtor’s property or disposition of proceeds from it).
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
IT IS FURTHER ORDERED (here insert terms as to custody of debtor’s property or disposition of proceeds from it).
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
( If applicable ) IT IS FURTHER ORDERED that the terms of payment extend over a period longer than three years without the consent of the following creditors:
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
IT IS FURTHER ORDERED that the terms of payment extend over a period longer than three years without the consent of the following creditors:
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
DATED at this day of 20 Clerk (or judge) of the Court.
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
Amendments to Order Date Particulars of Amendment Amended by (state if clerk or judge)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
Date Particulars of Amendment Amended by (state if clerk or judge)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
To the Clerk of the Court Court House (Place)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
I hereby consent to the issue of a Consolidation Order providing for the payment in full of the debts of the said debtor over a period longer than three years. Creditor.
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
NOTICE OF VARIATION OF CONSOLIDATION ORDER
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
TAKE NOTICE that on application of creditor (or debtor) and after a hearing held on day the day of 20 , the consolidation order dated the day of 20 was confirmed. set aside. varied as follows:
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
DATED this day of 20 Clerk of the Court.
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
TAKE NOTICE that you are required to give the Clerk of this Court an assignment to himself as Clerk of the Court of any monies due, owing or payable to you, or monies to become due, owing or payable to you, or earned or to be earned by you from .
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
(Title of Court and style of cause as in Form 5)
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
I, of hereby assign to the Clerk of the Court of (Province) of (Judicial, District, Centre or as the case may be) all moneys due, owing and payable to or to become due, owing and payable to or earned or to be earned by me from to be paid to the aforesaid Clerk in the manner and amounts as follows:
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
TAKE NOTICE that the above named debtor has by an assignment dated assigned to the Clerk of the Court of (Province) , (Judicial, District, , Centre or as the case may be) of the sum of $ out of (here specify type of debt) and you are required to pay to the aforesaid Clerk the moneys owing from you to the debtor in the manner and amounts as follows:
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
TAKE NOTICE that I hereby apply to be added to the register as a creditor of the above named debtor in the amount of $ being for Creditor
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
TAKE NOTICE that claims that he is entitled to be added to the register as a creditor of the above named debtor in the sum of $ being for
Orderly Payment of Debts Regulations — Orderly Payment of Debts Regulations
AND FURTHER take notice that unless an objection to this claim is filed with the Clerk, within twenty days from the date hereof, the creditor will be added to the register and be entitled to judgment for that amount.
Orderly Payment of Debts Regulations — 1
I, , of , in the Province of , make (oath or solemn affirmation) and say that: 1 I am a registered creditor of the debtor named in Consolidation Order No dated the day of , 20 , and filed in this honourable Court. 2 I now elect to rely on the security I hold for my claim against the said debtor. 3 The security consists of and to the best of my knowledge and belief has a value of $ . 4 I make this affidavit in full knowledge of the fact that I am required to make full disclosure to the clerk of the court of any proceeds realized from the disposal of this security and to pay into court any proceeds in excess of my claim against the debtor.
Orderly Payment of Debts Regulations — 1
1 I am a registered creditor of the debtor named in Consolidation Order No dated the day of , 20 , and filed in this honourable Court.
Orderly Payment of Debts Regulations — 2
2 I now elect to rely on the security I hold for my claim against the said debtor.
Orderly Payment of Debts Regulations — 3
3 The security consists of and to the best of my knowledge and belief has a value of $ .