Debtor-Creditor Law

Debtor-Creditor Law
Emond Publishing
Page Count:
Publication Date:
April 2015
Business, Corporate, and Commercial Law

"This would be an invaluable resource should a new associate practice in debtor-creditor law. The material is very practical and the language used throughout is clear and relatable. I can see why this resource has proven useful to clerks and paralegals as well as young associates."

— Adam Nathanson, Kronis, Rotsztain, Margles, Cappel LLP, Toronto, Ontario

Debtor–Creditor Law provides comprehensive instruction for legal professionals navigating the debt collection process in Ontario. The text offers strategic guidance at every step, from determining the amount owing to presenting the client’s claim in court.

With supporting checklists, completed forms and precedents, and true-to-life sample scenarios, this handbook guides the reader in identifying the debtor, performing background searches, determining pre- and post-judgment interest, drafting statements of claim, and following specific procedures in both the Superior Court of Justice and Ontario Small Claims Court.

The scope of Debtor–Creditor Law goes beyond consumer matters to cover complex commercial restructuring, the enforcement of secured business loans, and commercial insolvencies. The concluding chapter adopts the opposing perspective by addressing debtor rights and remedies. Supplementary materials include selections from the Rules of Civil Procedure and the complete Rules of the Small Claims Court.

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  • Strategic, step-by-step guidance for law clerks, paralegals, and legal professionals at every step of the debt collection process
  • Material on secured business loans, commercial insolvencies, and restructuring
  • Extensive sample forms, precedents, and detailed procedural instruction, including:
    • Client information checklist
    • Instructions for performing searches to obtain background information
    • Calculation of prejudgment and postjudgment interest
    • Sample Security Agreement
    • Commercial and consumer credit reports
    • Sample Notices (including Notice of Intention to Dispose, Notice of Proposal to Accept Collateral, Notice of Application, and others)
    • Forms and procedures for signing judgment
    • Requisition forms and affidavits
    • Completed forms and statements of claim (including forms 4E, 8, 10, 14A, 14F, 16, 16B, 18A, 18B, 19A, 19D, 27, 34A, 37A, 47, 57A, 60A, 60E, 60F, 60G, 60H, 79, 82)
  • A substantial section addressing debtors' remedies, with guidance on consolidating and renegotiating debt, responding to court actions and claims, and options for individual and business debtors
  • Sample forms and statements for debtors, including
    • Sample consumer proposal
    • Statement of affairs
    • Standard-form Initial CCAA Order
    • Commercial List Approval and Vesting Order
    • Debtor budget worksheet
  • Appendices include:
    • Rules of Civil Procedure
    • Rules of the Small Claims Court

iconDetailed table of contents

Part I: The Debt Collection Process

Chapter 1: Introduction
Chapter 2: Steps to Take Before Commencing Proceedings
Chapter 3: Searches to Carry Out Before Commencing Proceedings
Chapter 4: Determining the Amount Owing on a Claim
Chapter 5: Commencement of Proceedings
Chapter 6: Default Judgment
Chapter 7: Summary Judgment
Chapter 8: Defended Proceedings and Settlement
Chapter 9: Enforcement of Superior Court Judgments
Chapter 10: Small Claims Court Proceedings
Chapter 11: Small Claims Court Enforcement Proceedings

Part II: Debt Collection: Selected Topics

Chapter 12: Collections and Deceased Debtors
Chapter 13: Construction Liens
Chapter 14: Bankruptcy and Safeguards Against Fraud

Part III: Debtor's Remedies

Chapter 15: Debtor's Remedies

Part IV: Supplementary Materials

Appendix A: Rules of Civil Procedure
Appendix B: Rules of Small Claims Court

Prices and Formats

Debtor-Creditor Law

Format: Print
Cover: Softcover
Colour: Two Colour
Status: Available

Price: $148.00