保單問題

Angry

我已破產, 但剛發現於95 年在加拿大買的人壽保險因為有自動紅利供款而未因我於2009年開始沒有供款而斷單, 而紅利累積CAD30000, 紅利是不能提取的, 除非CUT 左份保單, 我要報告破管因驚會有人舉報, 請問破管會要求加拿大AGENT CUT 單攞錢抵債嗎? 由於份單買的時候有個TERMS " CREDITOR PROTECTED"即係債權人不能DRAW 我呢份保單.
聽說如保單受益人是直系親屬, 破管是否不會CUT 單?
請幫忙解答

Angry

flypig 發表於 26-2-2015 15:22
CHING,你呢D 專門的法律問題,呢個FORUM 未必有朋友可以解答.

你都係搵個律師傾傾喇.

感謝!

Angry

moon1224 發表於 26-2-2015 14:57
如果是香港買既保險, 如保單持有人係破產人就必須取消
我估在加拿大買都一樣吧
...

感謝!

flypig

CHING,你呢D 專門的法律問題,呢個FORUM 未必有朋友可以解答.

你都係搵個律師傾傾喇.

http://www.wisegeek.com/what-is-creditor-protection.htm

Creditor protection is a collective term that is used in two different ways. One common use has to do with the various resources that provide debtors with an equitable amount of protection from creditors in the event that the debtor is unable to pay off an existing obligation according to the terms and conditions related to the transaction. The other application of this term has to do with the protection of creditors, in terms of limiting the loss incurred when a debtor defaults on an outstanding debt.

When creditor protection is used to describe laws, procedures, or regulations that are aimed at protecting the debtor from action by the creditor, the term usually refers to prohibitions that keep the creditor from acquiring all the debtor’s financial assets. The idea is to make sure the debtor does retain control of enough income and assets to live what is considered to be a basic standard of living. This prevents the debtor from becoming dependent on the local government for necessities such as food, clothing, and shelter



For example, if a debtor should default on a bank loan, the bank has the right to sue for recovery of the outstanding balance. If the creditor is awarded a judgment, then the court will order that funds be withheld from the debtor’s wages in order to settle the debt. Rather than withhold the entire sum of wages each pay period, creditor protection statutes will bind the court to determining the percentage of income that will be withheld and forwarded each pay period to the creditor, until the debt is discharged in full. As a result, the debtor is still left with enough money to cover his or her basic expenses.

In terms of offering protection to creditors, there are also laws and procedures that provide lenders and other types of creditors with courses of action in the event that a debtor cannot or will not honor an outstanding debt. Creditor protection of this type acts to help the creditor maintain his or her business, and not cause any injury to other clients who would be hurt financially if the creditor had to cease operations. At the same time, this type of protection makes sure the creditor is not damaged financially because of the debtor’s default.

There are different forms of protection to creditors. In some cases, line insurance creditor protection provides the creditor with coverage that can be used in the event a debtor should die before the total debt is repaid. This type of insurance creditor protection actually serves the interests of both the creditor and the heirs of the deceased, in that the outstanding debt is settled in full by the insurance provider and does not touch the assets of the estate.

moon1224

如果是香港買既保險, 如保單持有人係破產人就必須取消
我估在加拿大買都一樣吧