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In the event of a default,if the creditor elects to repossess and resell the goods,how does he protect his right to claim for deficit?

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This varies from province to province.Ge...

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Identify which of the following statements is true about secured transactions in provinces having a personal property security act.


A) This kind of transaction,which formerly was legal,is now prohibited by law in all provinces.
B) Various kinds of secured transactions,such as conditional sales,chattel mortgages,etc.,are regulated by their own distinct statutes.
C) An assignment of an account receivable does not qualify as a security arrangement because no tangible property is involved.
D) All kinds of security arrangements involving personal property as collateral now come under one statute.
E) Only tangible personal property can be used as security.

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Real and personal property can be used to secure a loan.

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Which one of the following statements about the Personal Property Security Act is true?


A) This legislation applies only to all present transactions where personal property is given as security interest to enforce an obligation.
B) Unless a creditor in a secured transaction covered by this act takes steps to attach and perfect his security interest,he could lose that interest to someone outside the contract.
C) In a situation where a debtor fraudulently attempts to transfer property that he has given as security,the Act is designed to protect both the debtor and the secured creditor.
D) If a secured creditor fails to register his security interest in the Personal Property Registry,he loses his rights against the debtor.
E) If someone suspects that an item of personal property has been given as security by a particular person,he can sue on the breach of a condition.

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Explain what happens when the owner of property fails to hold back the appropriate amount when making payments to the general contractor.

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He can be required to pay out,in additio...

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In case of default by either the creditor or debtor,breach of contract remedies apply.

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A purchase money security interest


A) will be automatically subordinate to any general security agreement,even if registered within the specified time period.
B) will prevail over a general security agreement covering all of a merchant's assets if it registered within the specified time period.
C) is also known as a floating charge.
D) is now obsolete in light of the Personal Property Security Act.
E) is prohibited in most provinces.

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________ requires the debtor to make the stipulated payments into court,such that all of his debts will be paid in full within three years,unless the creditors consent to a longer period.


A) An OPD program
B) Restructuring
C) An unsecured creditor
D) A consolidation order
E) A Division 1 proposal

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Explain how the rights of the creditors are protected under bankruptcy legislation.

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A trustee in bankruptcy is appointed and...

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The practice of paying out one creditor over another is known as fraudulent preference.

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When creditors receive notice of a consumer proposal from an insolvent debtor,they must demand a meeting or the proposal will be automatically accepted.

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Discuss alternatives to bankruptcy and why these alternatives might be preferable to bankruptcy itself.

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To avoid bankruptcy,students should iden...

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With regard to guarantees,which of the following is false?


A) A guarantor can use any defence against the creditor that the debtor could use.
B) A legally binding promise to be primarily responsible for someone else's obligation is an indemnity.
C) A verbal guarantee is as enforceable as a written one.
D) Subrogation can result in a guarantor's being able to sue successfully the very debtor whose obligation he guaranteed.
E) A legally enforceable guarantee must satisfy all the elements required to create a binding contract.

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Where a debtor has defaulted and the creditor,under the Personal Property Security Act,repossesses and resells the goods,what is his obligation with respect to overages or underages?

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Any surplus must be returned t...

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Which one of the following is true with respect to the builder's lien acts?


A) Various provincial statutes give suppliers of work and materials a claim for payment against the land enhanced by their services.
B) If a lien claimant files his lien within the time set,he can be assured that he will collect the full amount of his claim.
C) Compliance with the statutory holdback provisions is required,but gives an owner no protection against potential lien claims.
D) If a lien claimant loses the right to file a lien,he also loses the right to sue for breach of contract.
E) A lien claimant owed money by a general contractor can choose to pursue either the general contractor or the property owner for the full amount of the claim.

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Which of the following is false with regard to property?


A) Both real and personal property can be given as security to a creditor that he will be repaid.
B) Real property consists of land but does not include the buildings on that land.
C) Personal property includes intangible rights.
D) Personal property includes chattels.
E) Real property includes fixtures.

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A company named Printers World Ltd.bought a $9000 plotter secured by a Security Agreement and,because of business reverses,is unable to make the payments.Which of the following is accurate with respect to the legal position of the parties?


A) The seller could seize the goods only if it obtained a court order.
B) The seller could seize the goods without a court order only if it had properly registered the conditional sale contract.
C) The seller could seize the goods but,before resale can take place,the debtor must be given notice and an opportunity to redeem.
D) The seller could only seize the goods and could not instead opt to sue the company.
E) The seller could seize and sell the same day because it had already waited three months after default before taking any action.

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Owen borrowed money from a credit union,guaranteed by his father,to buy a car.The credit union also registered a security interest under the Personal Property Security Act against the vehicle.Owen defaulted and,instead of repossessing the vehicle,the credit union demanded payment from the father.Explain the legal position of the father under these circumstances.

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The credit union has every right to dema...

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Which one of the following actions by a debtor constitutes an act of bankruptcy?


A) A fraudulent conveyance of liabilities to one of the creditors
B) A fraudulent transfer of money or assets
C) Assignment of liabilities to a trustee
D) Having more debts than assets
E) Generally meeting liabilities as they become due

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What is the result of a settlement that takes place within a year of bankruptcy?

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