s 4.03
In forceCreditor’s petition founded on issue of execution against debtor
Part 4Creditors’ petitions
4.03 Creditor’s petition founded on issue of execution against debtor
(1)
If a creditor’s petition is founded on an act of bankruptcy specified in paragraph 40(1)(d) of the Bankruptcy Act, the affidavit verifying the petition required by subsection 47(1) of the Bankruptcy Act must state:
(a)
that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or
(b)
that the writ or warrant of execution relating to the act of bankruptcy has been returned unsatisfied.
(2)
If paragraph (1)(b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.
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