Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)

Act current to 2014-04-02 and last amended on 2013-04-01. Previous Versions

Claims Provable

Marginal note:Claims provable
  •  (1) All debts and liabilities, present or future, to which the bankrupt is subject on the day on which the bankrupt becomes bankrupt or to which the bankrupt may become subject before the bankrupt’s discharge by reason of any obligation incurred before the day on which the bankrupt becomes bankrupt shall be deemed to be claims provable in proceedings under this Act.

  • Marginal note:Contingent and unliquidated claims

    (2) The determination whether a contingent or unliquidated claim is a provable claim and the valuation of such a claim shall be made in accordance with section 135.

  • Marginal note:Debts payable at a future time

    (3) A creditor may prove a debt not payable at the date of the bankruptcy and may receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of five per cent per annum computed from the declaration of a dividend to the time when the debt would have become payable according to the terms on which it was contracted.

  • Marginal note:Family support claims

    (4) A claim in respect of a debt or liability referred to in paragraph 178(1)(b) or (c) payable under an order or agreement made before the date of the initial bankruptcy event in respect of the bankrupt and at a time when the spouse, former spouse, former common-law partner or child was living apart from the bankrupt, whether the order or agreement provides for periodic amounts or lump sum amounts, is a claim provable under this Act.

  • R.S., 1985, c. B-3, s. 121;
  • 1992, c. 27, s. 50;
  • 1997, c. 12, s. 87;
  • 2000, c. 12, s. 14.
Marginal note:Claims provable in bankruptcy following proposal
  •  (1) The claims of creditors under a proposal are, in the event of the debtor subsequently becoming bankrupt, provable in the bankruptcy for the full amount of the claims less any dividends paid thereon pursuant to the proposal.

  • Marginal note:Interest

    (2) If interest on any debt or sum certain is provable under this Act but the rate of interest has not been agreed on, the creditor may prove interest at a rate not exceeding five per cent per annum to the date of the bankruptcy from the time the debt or sum was payable, if evidenced by a written document, or, if not so evidenced, from the time notice has been given the debtor of the interest claimed.

  • R.S., 1985, c. B-3, s. 122;
  • 2004, c. 25, s. 66(E).
Marginal note:Proof in respect of distinct contracts

 Where a bankrupt was, at the date of the bankruptcy, liable in respect of distinct contracts as a member of two or more distinct firms, or as a sole contractor and also as member of a firm, the circumstance that the firms are in whole or in part composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof, in respect of the contracts, against the properties respectively liable on the contracts.

  • R.S., c. B-3, s. 96.