The Rural Voice, 1991-02, Page 18can•con
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A division of Steve's Welding
R. R. 1, Newton, Ont. NOK 1R0
519.595.8737
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111
INCOME TAX
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Income Tax
• farm, business, or personal
• complete year round service
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Farm Management
• arranging leases to qualify
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• Farm Start and other forms
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• farm debt review assistance
Over 10 years experience
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"FREE CONSULTATION"
Stephen Thompson
Box 387, Blyth
523-4916
14 THE RURAL VOICE
MAKING THE MOST OF FARM DEBT REVIEW
The bank has just sent you a letter
demanding payment of monies it
claims you owe to it.
The letter states that if you do not
pay within twenty-one (21) days the
bank will take you to court. There is
no way you can raise that kind of
money, let alone pay it, in 21 days.
What should you do, other than
contact legal counsel? Obviously,
immediately, make application for
Farm Debt Review and obtain a stay
of proceedings which will prohibit the
bank from doing anything against you
for potentially as long as 120 days.
WRONG!
In 1986, in response to financial
difficulties being experienced by far-
mers due to poor economic times, the
federal government passed the Farm
Debt Review Act. The Act provides
for the establishment of the Farm Debt
Review Board (FDRB). The purpose
of the board is to assist farmers in fin-
ancial difficulty by reviewing their
financial affairs and providing assis-
tance in arranging with creditors for
the orderly payment of debts.
Any farmer who is in financial
difficulty or is insolvent can make
application to FDR for his or her sit-
uation. In the event that the board,
based on the application, concludes
that the farmer is insolvent, then an
automatic stay of proceedings between
30 and 120 days immediately issues
prohibiting the creditor from taking
any steps against the farmer. The Act
also says application can only be made
for FDR once every two years and
hence, there can only be one stay of
proceedings within a two year period.
All too often, farmers in financial
difficulty and in a dispute with the
bank, make application for FDR at too
early a stage. The initial reaction,
when first pressured by the bank, is to
immediately make application so as to
prevent the bank from being allowed
to do anything for 120 days. And this
is what the bank is hoping you'll do!
FDR can provide an important
practical and tactical advantage to
the farmer in a court battle with the
bank if used at the appropriate time.
If a farmer in distress immediately
applies for FDR at the outset of the
dispute with the bank, he or she may
well be using the best soldier available
at a time when the battle lines are
merely being drawn, not when the
battle is actually being fought. When
the actual battle is being waged, this
soldier is not available when he could
have been the most useful because
application has already been made for
FDR, the stay has expired, and review
is no longer available until two years
from the date of the initial application.
This is exactly why, at the com-
mencement of a dispute, the bank
encourages the distressed farmer to
apply for FDR; the earlier application
is made, the less difficulty it will
cause to the bank in proceeding
against you. The earlier application is
made, the sooner the 120 day stay will
expire, thus allowing the bank to pro-
ceed without the threat of FDR in the
future at a crucial stage in the law suit.
In effect, FDR is the farmer's
trump card against the bank. If played
at the right time, it can greatly in-
crease your chances of success in a
dispute with the bank; if played too
early, it can become a wasted card.
Don't waste it!0
Agrilaw is a syndicated column produced by Cohen,
Melnitzer, a full service London law firm. W. Paul
Linley, an associate in the firm, practises in the area
of commercial litigation, including disputes with banks.
Agrilaw is intended to provide information to farmers
on subjects of interest and importance. The opinions
expressed are not intended as legal advice. Before
acting on any information contained in Agrilaw,
readers should obtain legal advice with respect to their
own particular circumstances.