Contents

• Introduction
  • General Need for Financing
  • Financial Difficulty

• Specific Protection for Farmers
  • Purpose of the Farm Debt Mediation Service
  • Overview of the FDMA
  • The Farm Debt Mediation Act Application Process
  • Review of the farm and a recovery plan
  • Mediation
  • Section 21 Notice- Intent to Realize on Security
  • Reference
  • Provincial Legislation Relating to Farm Debt Relief
    • Manitoba - The Family Farm Protection Act
    • Saskatchewan - Saskatchewan Farm Security Act

• Review of Relevant Case Law

• Bankruptcy - General Legal Framework
  • Definition of "Bankrupt" and "Insolvent" Persons
  • Ways of Becoming Bankrupt
  • Proposals - An Alternative to Bankruptcy
  • Distinction from Receivership
  • Consequences of Bankruptcy
  • Fraudulent Preferences and Settlements
  • Discharge from Bankruptcy

• Additional Internet Links
  
  
• Critical Issues Checklist At A Glance
  • Farm Debt Mediation Act (FDMA)
  • Family Farm Protection Act (only in Manitoba)
  • Saskatchewan Farm Security Act (only in Saskatchewan)
  • Ways of Becoming Bankrupt
  • Consequences of Bankruptcy
  • Discharge from Bankruptcy

Appendix

• Farm Debt Mediation Act
• F15 Family Farm Protection
• Helping a Person Cope With Change, Crises or Loss (PDF)
• Death of a Farm Business (PDF)

Federal and provincial legislation regarding farm debt relief, insolvency and bankruptcy is complex and requires a thorough examination before a creditors can realize upon security, whether the security is in the form of real estate or personal property. The previously discussed legislation is often successfully used to forestall foreclosures and repossession of farm assets.