Frequently Used in Affidavits

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  • 7/27/2019 Frequently Used in Affidavits

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    The First Meeting of Creditors (FMOC) was held on August 28, 2009 to approve theProposal; however, this meeting was adjourned as there was not a quorum. The Trusteechaired the Reconvened FMOC on May 29, 2009 to approve the Proposal.

    The Trustee spoke with the Debtor on several occasions regarding late and missedpayments and reminded her of the consequences of defaulting on the terms of herProposal. The Trustee wrote the Debtor and her creditors to advise that the Debtor wasin default of the terms of her Proposal as she had not remitted payments in a timelymanner. The Debtor subsequently brought her payments up-to-date and the Trusteesent a letter to the creditors advising that the Debtor had remedied the default and thatthe Proposal was in good standing.

    The Debtor contacted the Trustee to advise that he wished to purchase a vehicle andthe Trustee wrote a letter to the prospective creditor to advise that the Debtor had fileda Proposal and that he had no objection to the purchase.

    At the date of proposal the Debtor listed household furnishings as assets, for whichCitiFinancial filed a secured Proof of Claim. The Trustee reviewed the secured Proof of Claim and determined that CitiFinancials security over the Debtors householdfurnishings was valid. The Trustee subsequently sent a letter to CitiFinancial releasingthe Trustees interest in the assets.

    The Trustee also wrote to two of the creditors and to the Courts regarding actions

    commenced prior to the Proposal to advise them of the stay of proceedings. The Trusteealso wrote to the Debtors employer advising them of stay of proceedings in order tostop a garnishee.

    The Trustee wrote to CIBC Investor Services and AIM Trimark to advise that the Debtorhad filed a proposal and was required to surrender any Registered Retirement SavingsPlan to the Trustee under the terms of the proposal. The Trustee requested that theDebtors RRSP be de-registered and any proceeds be forwarded to him. The Trusteereceived $5,194.29, net of tax, from these RRSPs. The Trustee prepared in-trust taxreturn and filed the same with CRA.

    In his Proposal, the Debtor made a settlement offer to his secured creditors, Wells FargoFinancial Corp. Canada and CitiFinancial Canada, Inc. These creditors subsequentlysubmitted fully unsecured Proofs of Claim to the Trustee. Upon review of the same, the

    Trustee sent letters to the secured creditors reminding them of the settlement offer andrequesting that they clarify their position with regards to their claims in the Proposal.

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    The Trustee subsequently confirmed that both of the secured creditors had dischargedtheir security interest in the Personal Property Registry and admitted these claims asfully unsecured.

    The Trustee wrote to the Debtor on two separate occasions requesting that she provideadditional post-dated cheques as there were no further cheques on file.

    The debtor defaulted under the terms of the proposal on ____ of which notice wasgiven to the creditors on the default and the trustee opted not to annul theproposal. The debtor subsequently made an assignment into bankruptcy on _____.