Pari Passu:
Latin - equally
and without preference. This term is often used in bankruptcy proceedings
where creditors are said to be paid pari passu, or each creditor is paid
pro rata in accordance with the amount of his claim.
Perfection:
An action that has
to be taken before a security interest is secured.
Petition:
The application
made under the Bankruptcy and Insolvency Act for the Court to hand down
a Receiving Order stating the person is in bankruptcy.
Plaintiff:
A person who initiates
a case in Court. That person may also be referred to as the Claimant,
Petitioner or Applicant. The person who is being sued is generally
called the Defendant or Respondent.
Possession Date:
That time that is
mutually agreed that the person buying property will take ownership, control
or possession of it.
PPSA - Personal
Property Security Act:
The system in British
Columbia, whereby a person is required to register any interest that he
has in the property of another before the security is valid. The
Registry can therefore be used if an institu-tion is considering taking
security on various assets, or if a person is contemplating purchasing
an item such as a vehicle and wants to ensure that he purchases it free
and clear of any encumbrances.
Preference or
Preferred Creditors:
Those creditors,
in the Bankruptcy and Insolvency Act specified in Section 136, that rank
ahead of ordinary or unsecured creditors. Some preferred creditors
are employees for wages, and a landlord for some specified rental arrears.
Prescribed:
The term given to
the fact that the information is in a directive issued by the Superintendent
of Bankruptcy.
Prima Facie:
Latin - on the face
of it or at first sight.
Pro Rata:
Latin - to divide
proportionately amongst people having a claim.
Pro Bono:
Latin - provided
for free.
Promissory Note:
An unconditional,
written, signed promise to pay a certain amount of money on demand or at
a certain date defined in the future.
Proposal:
Under the Bankruptcy
and Insolvency Act there are two types of proposals that can be made.
A proposal filed under Division I, which is applicable to companies and
any individual who wants to avail himself of it. There are also "consumer
proposals", which are a special type of proposal that a consumer can avail
himself of but only if his debts, excluding mortgages on real property,
do not exceed $75,000. One of the main features of a consumer proposal
is that if the creditors do not accept the proposal, the person is not
automatically bankrupt as in a Division I proposal.
Provable Claims:
All those debts
of a bankrupt outstanding as of the date of the bankruptcy.
Proven Claims:
Claims that have
been filed in the proper manner with evidence to prove what is owed and
subsequently accepted by the Trustee in Bankruptcy and used as the basis
for the payment of dividends when there are monies to distribute.
Proxy:
Under the Bankruptcy
and Insolvency Act a written statement can be made whereby a creditor appoints
another person to act on his behalf in a creditors meeting and any other
matters pertaining to that bankruptcy.
Purchase Money
Security Interest (PMSI - pronounced "pimzee"):
A security that
a person takes in property, such as inventory for example, that secures
payment with regard to those assets of all or part of its purchase price.
Quantum:
Latin - amount.
Quit Claim:
A deed releasing
interest in real property. Sometimes, when a Trustee has real property
vested in him pursuant to the bankruptcy and there is no equity in that
property, he may quit claim it to the mortgage holder, thereby saving the
mortgage holder time and expense. The Trustee should charge the mortgage
holder for executing this deed.
Quorum:
Under the Bankruptcy
and Insolvency Act there must be one person present, either in person or
by proxy, at a meeting of creditors before the meeting is considered to
be a properly constituted one and hence can carry on with the business
of the meeting.
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