Alberta · Receivership (court-appointed)
Report of the Receiver
Court officer report · 9 June 2022
AI summary
A plain-English summary drawn only from this filing: what it is, why it matters, and the parties, amounts and dates it turns on.
What we verified from this filing12 verified · 1 withheld
- courtCOURT OF QUEEN'S BENCH OF ALBERTA
- applicantDavid Aidan Chmelyk
- appointeeHudson & Company Insolvency Trustees Inc.
- appointee roleinterim receiver and receiver and manager
- commencement date8 February 2018
- secured creditorsnote: DISCHARGED - mortgage was the subject of foreclosure proceedings (184 Lands Foreclosure Proceedings) and was paid out in full on closing of the Court-approved Macro Realty offer sale of the 184 Lands; no longer outstanding security as of the date of this Report. · page: 8 · as of: 2014-12-18 · debtor: 1848941 Alberta Ltd. (184) · creditor: Atrium Mortgage Investment Corporation · currency: CAD · security: Registered mortgage against the 184 Lands; principal amount of $4,500,000 (part financing of the $9,000,000 purchase price of the 184 Lands) - registered principal, not a stated balance
- unsecured creditorsnote: Receiver recommends payment of $6,882.31 in full satisfaction of the claim. · page: 10 · as of: 2017-06-14 · basis: Proof of Claim - unsecured claim, supported by a Provincial Court of Alberta (Civil Division) Certificate of Judgment dated June 14, 2017; found by the Receiver to be a valid unsecured claim · amount: 6882.31 · debtor: 1848941 Alberta Ltd. (184) · creditor: Mariner Mechanical Ltd. (through its agent, Blue Moon) · currency: CAD
- secured creditorsnote: DENIED by the Receiver - after review, Receiver found no evidence Mr. Koop made any loan to, or was granted any security interest over the assets of, 184 or the Chmelyk Estate; all portions of the claim in debt or as a secured claim were denied. The Receiver instead found a valid EQUITY claim of $943,655.60 against the Chmelyk Estate only (see unsecured_creditors entry), postponed under s.140.1 BIA. · page: 11 · as of: Proof of Claim dated April 8, 2021 (superseded by two Proofs of Claim dated April 13, 2021) · debtor: 1848941 Alberta Ltd. (184) and Estate of Ferlyn Robert John Chmelyk · creditor: Gordon Koop (Mr. Koop) · currency: CAD · security: Asserted as a secured claim: initial Proof of Claim $1,716,502.00 (debtor unspecified); superseded by Proof of Claim of $1,000,000.00 as secured against 184 and $716,502.00 as secured against the Chmelyk Estate. No specific security instrument identified in the Proof of Claim.
- unsecured creditorsnote: Regulatory quasi-debt - administrative penalty ($75,000) plus costs ($90,000), totaling $165,000 per ASC Decisions dated February 2, 2017 and June 14, 2017 (prose/decision total); the claimed and allowed amount per the Certificate of Judgment is $163,683.73. · page: 11 · as of: 2017-06-20 · basis: Proof of Claim - unsecured claim supported by a Certificate issued under sections 200 and 202 of the Securities Act (Alberta), filed with the Court June 22, 2017; found by the Receiver to be a valid unsecured claim · amount: 163683.73 · debtor: Estate of Ferlyn Robert John Chmelyk · creditor: Alberta Securities Commission (ASC) · currency: CAD
- unsecured creditorsnote: Related party - former spouse of the deceased; Proof of Claim dated February 28, 2021 stated total claim of $398,426.46, of which $49,882.46 was found preferred (see separate entry) and $348,544.00 unsecured. · page: 12 · basis: Unsecured claim - balance of the Healey Claim (spousal/child support arrears) after deducting the preferred portion; original Proof of Claim asserted total of $398,426.46 · amount: 348544 · debtor: Estate of Ferlyn Robert John Chmelyk · creditor: Calla Jane Healey (former spouse of Mr. Chmelyk) · currency: CAD
- unsecured creditorsnote: Preferred class (ranks ahead of ordinary unsecured); related party - former spouse of the deceased and mother of his children. · page: 12 · as of: NOI/receivership date (February 8, 2018) - preferred portion accrued in the year before receivership plus lump sum special expenses · basis: Preferred claim under ss.121(4), 136(1)(d.1), 178(1)(b) and (c) BIA for periodic spousal/child support accrued in the year before receivership plus lump sum special/extraordinary child support · amount: 49882.46 · debtor: Estate of Ferlyn Robert John Chmelyk · creditor: Calla Jane Healey (former spouse of Mr. Chmelyk) · currency: CAD
- unsecured creditorsnote: This is an EQUITY claim, not a debt claim - postponed to the claims of all non-equity creditors of the Chmelyk Estate (e.g., the Healey Claim and ASC Claim) pursuant to s.140.1 BIA. Originally asserted by Mr. Koop as a SECURED debt claim (see secured_creditors entry, denied by Receiver). · page: 14 · basis: Equity claim (capital contributions/investments with the deceased) as determined by the Receiver, based on decipherable cheques, e-transfers, withdrawals and transfers submitted by Mr. Koop · amount: 943655.6 · debtor: Estate of Ferlyn Robert John Chmelyk · creditor: Gordon Koop (Mr. Koop) · currency: CAD
1 extracted value is withheld: either a trap-shaped field where models produce confident wrong numbers, or an identity value whose quotation could not be found in the document. Withheld values are shown to no one.