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An unsecured creditor does not have a charge over the debtor's assets. [2] The term creditor is frequently used in the financial world, especially in reference to short-term loans, long-term bonds, and mortgage loans. In law, a person who has a money judgment entered in their favor by a court is called a judgment creditor.
A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this debt arrangement is a bank, the debtor is more often referred to as a borrower.
Download as PDF; Printable version; In other projects ... Appearance. move to sidebar hide. Debtor and Creditor can refer to: Debtor; Creditor; See also. Debt; This ...
A “debtor,” for the purposes of the Act, is “a person or a partnership, or the estate of a person or partnership, which is a debtor in the usual sense of the word, except a body corporate or a company or other association of persons which may be placed in liquidation under the law relating to companies.”
In a creditor's voluntary winding-up, he must report to the creditor's meeting on the exercise of his powers. [ 7 ] The liquidator is generally obliged to make returns and accounts, [ 8 ] owes fiduciary duties to the company and should investigate the causes of the company's failure and the conduct of its managers, in the wider public interest ...
The debtor in possession runs the day-to-day operations of the business while creditors and the debtor work with the Bankruptcy Court in order to negotiate and complete a plan. Upon meeting certain requirements (e.g., fairness among creditors, priority of certain creditors) creditors are permitted to vote on the proposed plan. [ 57 ]
by a debtor's creditors, where the debtor owes at least $1000 and has committed an act of bankruptcy, or; where a proposal under the Act has failed. The Act also governs receivership proceedings. Receivers may be appointed by a secured creditor under the terms of a general security agreement (where the debtor voluntarily agrees), or by the ...
This is normally the debtor company, but a creditor can also do so. [23] The court having jurisdiction is the superior court for the province in which the company's head office or chief place of business in Canada, or, in the absence of that, where any of its assets are situated. [24]