This report is long and it examines the remedies available under the Alberta law to unsecured creditors for collection of their debts and makes tentative proposals for the reform of those remedies. It provides a description of the present system and criticism of it, and outlines the need for technical reform. The report examines the body of research on the kinds of debtors who are likely to get into legal trouble, as well as the creditors who make use of the legal system. Tentative recommendations include: the need for an effective system of creditors’ remedies; an integrated and coherent remedial system of rules comprehensible to the layperson; one enforcement system for all Courts; and use of the appropriateness of imprisonment as a remedy. The report also recommends that the assets and income of the debtor should be exigible by the unsecured creditors unless there is a good reason to the contrary. As far as creditor control of the enforcement process is concerned, prejudgment remedies should be available in defined situations. The report recommends the use of an enforcement order as a new post-judgment remedy, and suggests that this enforcement should include execution against land, attachment to debts, and distribution of proceeds of enforcement.
Report For Discussion
Back to Publication SearchRemedies of Unsecured Creditors, Report for Discussion 3
Resource Details
Publication No: | 3 |
FORMAT: | Publications |
TAGS: | unsecured, assets, income, enforcement, remedies, rules, creditor, debtor, distribution, execution, proceeds |
FILE: | rfd3.pdf |