Hometime

Hometime · Alberta legislation

MHHS Minimum Housing and Health Standards

MHHS · Civil Enforcement Act

Part 11 — Distributions

98 Money derived from exempted property

Current to 2024-06-01 · Official PDF

(1) A distributing authority that receives money that is exempt
or that represents the proceeds of exempt property must make the
following payments from the money:
(a) if the money is subject to a subordinate security interest or
subordinate encumbrance or there is an enforcement creditor
against whom the exemption does not apply,
(i) pay the prescribed amount of the exemption to the
secured creditor, encumbrancer or enforcement creditor,
as the case may be, or
(ii) if the amount owed t o the secured creditor,
encumbrancer or enforcement creditor is less than the
prescribed amount of the exemption, pay the secured
creditor, encumbrancer or enforcement creditor, as the
case may be, the amount owed and pay the balance of
the prescribed amount of the exemption to the
enforcement debtor;
(b) if there is no creditor to w hom clause (a) applies, pay the
prescribed amount of the exemption to the enforcement
debtor.
(2) After payment of the amounts required to be paid under
subsection (1), any money remaining constitutes a distributable
fund.
(3) Except where money that is paid to an enforcement debtor
under subsection (1) is intermingled with other funds of the
enforcement debtor, any money that is paid to an enforcement
debtor under subsection (1), including any deposit account into
which it is paid, is exempt for a period of 60 days from the day that
the money is paid to the enforcement debtor.
RSA 2000 cC-15 s98;2002 c17 s1(19)

RSA 2000