Alfred SPEAKMAN

SPEAKMAN, Alfred

Personal Data

Party
United Farmers of Alberta
Constituency
Red Deer (Alberta)
Birth Date
August 24, 1880
Deceased Date
November 4, 1943
Website
http://en.wikipedia.org/wiki/Alfred_Speakman
PARLINFO
http://www.parl.gc.ca/parlinfo/Files/Parliamentarian.aspx?Item=3cd49ad9-d55c-4fbe-b68e-e250641d1448&Language=E&Section=ALL
Profession
farmer

Parliamentary Career

December 6, 1921 - September 5, 1925
UFA
  Red Deer (Alberta)
October 29, 1925 - July 2, 1926
UFA
  Red Deer (Alberta)
September 14, 1926 - May 30, 1930
UFA
  Red Deer (Alberta)
July 28, 1930 - August 14, 1935
UFA
  Red Deer (Alberta)

Most Recent Speeches (Page 5 of 237)


March 4, 1935

Mr. SPEARMAN:

Then after the proposal has been filed he is protected, except in breach of the provisions of the proposal then filed under certain conditions, that is, if the breach has been due to something within his own control-

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March 4, 1935

Mr. SPEARMAN:

But after the proposal has been filed with the official receiver and prior to the time it is confirmed and filed with the courts, when it is binding, that is the interim of which I was speaking. During that interim, as I understand it, he is not under the protection of the provincial legislation but is protected solely by the stay of proceedings which was sixty days and now is to be ninety days. Is that the position?

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March 4, 1935

Mr. SPEARMAN:

At what point in the

proceedings does a debtor making a proposal come within the provisions of the bankruptcy laiw and void his protection under any provincial legislation? As I understand it the bankruptcy law itself applies only after the proposal has been confirmed and filed with the court. Up to that time, and even after the proposal has been made but while it is still under consideration, any provincial legislation still would be available to the debtor, would it not? In Alberta they have legislation which prevents court proceedings unless and until the creditor has received power from the board to proceed in the courts. I assume that legislation still would be available up to the time the proposal was accepted and confirmed, so that the man making the proposal would not have voided his protection under the provincial law until his proposal under this act was confirmed and filed in the courts.

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March 4, 1935

Mr. SPEAKMAN:

That was my reason for asking the question. Where a proposal is made and the ninety days expires before further action is taken, and for some reason the application for extension of time is not properly registered and has lapsed, at the expiration of that time would the provincial legislation have full force and afford such protection as would have been afforded had the proposal been before the board? I think it should. The man in such a case is not under the protection of the federal law, and [ should imagine he ought to remain under the protection of the provincial law until such time as the full process has been completed.

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March 4, 1935

Mr. SPEAKMAN:

That was not my

understanding as I followed the legislation in this house and in the province. My understanding was that part I of the Bankruptcy Act came into force in the case of an individual farmer only after the proposal had been confirmed and filed with the courts. Up to that time he could commit no breach of conditions until the proposal had been filed with the court. Until the proposal had been filed with the court and the operation was complete he would still be exempt under part I of the Bankruptcy Act and therefore would be subject to the court procedure of the province in respect to proceedings by creditors. That was my understanding, and I am glad that in large measure it has been confirmed by the minister.

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