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  1. Orderly Payment of Debts Regulations - C.R.C., c. 369 (SCHEDULE I)
    Orderly Payment of Debts Regulations

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    In the Court of

    of

    (County, Judicial Centre or District, or as the case may be)

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    I, , of in the Province of make (oath or solemn affirmation) and say that:

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    • 2 All of my creditors and the amounts owing by me to them are as follows:

    • 3 My creditors hold security as follows:

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    (Title of Court and style of cause as in Form 1)

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    The following creditors hold security as follows:

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    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.

    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.

    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:

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    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.

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    In the Court of

    (County, Judicial Centre or District, or as the case may be)

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    (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:

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    (Title of Court and style of cause as in Form 3)

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    (Delete line that does not apply)

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    (For Debtor)

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    (For Creditor)

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    In the Court of

    (County, Judicial Centre or District, or as the case may be)

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    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

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    • (b) to the terms (or to the proposed terms, as the case may be) of the consolidation order;

    or for such other order as seems just.

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    • To: (Names and addresses of creditors, and debtor, as the case may be, receiving notice)

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    (Title of Court and style of cause as in Form 5)

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    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

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    or for such other order as seems just.

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    • To: (Names and addresses of creditors, and debtor, as the case may be, receiving notice)

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    (Title of Court and style of cause as in Form 5)

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    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

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    • 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

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      or for such other order as seems just.

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    • To: (Names and addresses of creditors, and debtor, as the case may be, receiving notice)

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    (Title of Court and style of cause as in Form 5)

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    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

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    or for such other order as seems just.

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    • To: (Names and addresses of creditors, and debtor, as the case may be, receiving notice)

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    (Title of Court and style of cause as in Form 5)

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    Upon application of , debtor, and upon reading the affidavit of the debtor, filed, and upon hearing the debtor (and the registered creditors):

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    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.

    (If applicable)

    IT IS FURTHER ORDERED (here insert terms as to custody of debtor’s property or disposition of proceeds from it).

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    (Title of Court and style of cause as in Form 5)

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    (Title of Court and style of cause as in Form 5)

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    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.

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    varied as follows:

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    (Title of Court and style of cause as in Form 5)

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    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 .

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    (Title of Court and style of cause as in Form 5)

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    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:

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    (Title of Court and style of cause as in Form 5)

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    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:

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    (Title of Court and style of cause as in Form 5)

    APPLICATION TO BE ADDED AS A CREDITOR

    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

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    (Title of Court and style of cause as in Form 5)

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    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

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    (Title of Court and style of cause as in Form 5)

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    (Title of Court and style of cause as in Form 5)

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    TAKE NOTICE that as debtor is in default over 90 days on payment under Consolidation Order No dated the day of , 20, you are entitled to proceed forthwith, independently of all other creditors and without reference to the Court, for enforcement of your claim under the Consolidation Order.

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    (Title of Court and style of cause as in Form 5)

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    (Title of Court and style of cause as in Form 5)

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    (Delete line that does not apply

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    (For Creditor)

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    (For Debtor)

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  2. Orderly Payment of Debts Regulations - C.R.C., c. 369 (Section 23.1)
    Orderly Payment of Debts Regulations
    •  (1) The clerk shall deposit with the person designated by the province all unclaimed dividends and undistributed funds remaining in his hands and all interest, if any, on the money paid into court on account of the debts of the debtor and shall provide the person with a list of the names and the post office addresses, so far as known, of the creditors entitled to the unclaimed dividends, showing the amount payable to each creditor.

    • (2) The designated person referred to in subsection (1) shall, upon application by a creditor, pay to the creditor the appropriate dividend as shown on the list referred to in that subsection.

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  3. Orderly Payment of Debts Regulations - C.R.C., c. 369 (Section 26)
    Orderly Payment of Debts Regulations
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    • (3) Notwithstanding subsection (2), the accounts that relate to proceedings under the Act may be maintained by an electronic accounting system if the accounts comprise the same information as is required by the applicable forms in Schedule II.

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  4. Orderly Payment of Debts Regulations - C.R.C., c. 369 (Section 20)
    Orderly Payment of Debts Regulations
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    • (2) In this section, bank means a bank as defined in the Bank Act.

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  5. Orderly Payment of Debts Regulations - C.R.C., c. 369 (Section 18)
    Orderly Payment of Debts Regulations
    •  (1) A registered creditor who elects to rely on their security pursuant to section 232 of the Act shall, before relying on that security, file with the clerk an affidavit as to its value and, if the security is repossessed and sold or seized and sold, disclose to the clerk whether the proceeds received from the disposal of the security are in excess of the creditor’s claim.

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