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Assets defined as exempt by provincial legislation that are not available to the trustee for the benefit of creditors.

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The difference between the market value of an asset and the debt secured against it.

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A claim or liability that is attached to property or some other right that may lessen its value, e.g. a lien or mortgage.

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The amount a creditor receives out of the funds paid into a bankrupt’s estate or through a consumer proposal.

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The release of a debtor from the obligation to repay his or her unsecured debts. A bankrupt’s discharge may be automatic, suspended, conditional or absolute. A bankrupt may also be refused discharge.

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One to whom a debt is owed; in insolvency matters, a person having a claim provable under the Bankruptcy and Insolvency Act. Secured creditors have collateral (i.e. a charge or lien) against the property of the debtor, whereas unsecured creditors have no collateral.

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Both individual bankrupts and those making a consumer proposal are required to go through counselling sessions with a qualified counsellor. You will be required to attend two sessions, which primarily cover good financial management (including prudent use of consumer credit and budgeting principles); developing successful strategies for achieving financial goals and overcoming financial setbacks; restoring one’s credit rating and at any over time,...

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All funds received by a Licensed Insolvency Trustee from any source are placed into a trust fund. This would include surplus income payments, funds from the sale of non-exempt assets, tax refunds as appropriate etc. Out of these funds, the trustee is entitled to a set fee as determined by a Government set tariff and then any remaining funds are distributed by the Trustee to the Unsecured Creditors.

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The state of being bankrupt or the fact of becoming bankrupt.

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A person who is unable to pay debts as they become due in the ordinary course of business, or having liabilities that exceed the total value of assets.

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