Communities and Collections

Post-bankruptcy remedies of secured creditors: As good as it gets

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  • Introduction: This article focuses on two related lines of judicial reasoning established by decisions of the Courts of Appeal of British Columbia and Saskatchewan in Seaboard Acceptance Corporation Ltd. v. Moen' and Andrew v. FarmStart. The companion issues they raise affect the right of secured creditors to enforce their security and the debt supporting it after their debtors' discharge from bankruptcy. Decided in 1986 and 1988 respectively, these cases cannot by any stretch of even the academic imagination be regarded as new. Why, then, might they merit the present authorial attention of a commercial law professor, much less the practical interest of the lawyers and judges to whom this discussion is primarily directed?

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    Article (Published)
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  • License
    © 1999 Canadian Business Law Journal. This article has been reproduced with the permission of the CBLJ.
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  • Citation for previous publication
    • Buckwold, T. M. (1999). Post-bankruptcy remedies of secured creditors: As good as it gets. Canadian Business Law Journal, 31(3), 436-468. Retrieved from
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