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StatuteBankruptcy and Insolvency Act

Section 130 β€” Bankruptcy and Insolvency Act: Creditor may require trustee to elect to exercise power

Text of the provision Official document

Notwithstanding subsection 128(3) and section 129, the creditor may, by notice in writing, require the trustee to elect whether he will exercise the power of redeeming the security or requiring it to be realized, and if the trustee does not, within one month after receiving the notice or such further time or times as the court may allow, signify in writing to the creditor his election to exercise the power, he is not entitled to exercise it, and the equity of redemption or any other interest in the property comprised in the security that is vested in the trustee shall vest in the creditor, and the amount of his claim shall be reduced by the amount at which the security has been valued.

Official source: laws-lois.justice.gc.ca

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Section 130 β€” Bankruptcy and Insolvency Act: Creditor may require trustee to elect to exercise power | VadeLab