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

Marginal note:Right of creditor who has not proved claim before declaration of dividend

150. A creditor who has not proved his claim before the declaration of any dividend is entitled on proof of his claim to be paid, out of any money for the time being in the hands of the trustee, any dividend or dividends he may have failed to receive before that money is applied to the payment of any future dividend, but he is not entitled to disturb the distribution of any dividend declared before his claim was proved for the reason that he has not participated therein, except on such terms and conditions as may be ordered by the court.

Marginal note:Final dividend and division of estate

151. When the trustee has realized all the property of the bankrupt or all thereof that can, in the joint opinion of himself and of the inspectors, be realized without needlessly protracting the administration, and settled or determined or caused to be settled or determined the claims of all creditors to rank against the estate of the bankrupt, he shall prepare a final statement of receipts and disbursements and dividend sheet and, subject to this Act, divide the property of the bankrupt among the creditors who have proved their claims.

Marginal note:Statement of receipts and disbursements

• 152. (1) The trustee’s final statement of receipts and disbursements shall contain

  • (a) a complete account of

    • (i) all moneys received by the trustee out of the bankrupt’s property or otherwise,

    • (ii) the amount of interest received by the trustee,

    • (iii) all moneys disbursed and expenses incurred by the trustee,

    • (iv) all moneys disbursed by the trustee for services provided by persons related to the trustee, and

    • (v) the remuneration claimed by the trustee; and

  • (b) full particulars of, and a description and value of, all the bankrupt’s property that has not been sold or realized together with the reason why it has not been sold or realized and the disposition made of that property.

• Marginal note:Prescribed form

  (2) The statement referred to in subsection (1) shall be prepared in the prescribed form or as near thereto as the circumstances of the case will permit and together with the dividend sheet shall be submitted to the inspectors for their approval.

• Marginal note:Copy to Superintendent

  (3) The trustee shall forward a copy of the statement and dividend sheet to the Superintendent after they have been approved by the inspectors.

• Marginal note:Superintendent may comment

  (4) The Superintendent may comment as he sees fit and his comments shall be placed by the trustee before the taxing officer for his consideration on the taxation of the trustee’s accounts.

• Marginal note:Notice of final dividend, etc.

  (5) After the Superintendent has commented on the taxation of the trustee’s accounts or advised the trustee that the Superintendent has no comments to make and the trustee’s accounts have been taxed, the trustee shall send, in the prescribed manner, to every creditor whose claim has been proved, to the registrar, to the Superintendent and to the bankrupt

  • (a) a copy of the final statement of receipts and disbursements;

  • (b) a copy of the dividend sheet; and

  • (c) a notice, in the prescribed form, of the trustee’s intention to pay a final dividend after the expiry of 15 days from the sending of the notice, statement and dividend sheet and to apply to the court for his or her discharge on a subsequent date that is not less than 30 days after the payment of the dividend.

• Marginal note:Objections

  (6) No interested person is entitled to object to the final statement and the dividend sheet unless, prior to the expiration of the fifteen days referred to in paragraph (5)(c), that person files notice of his objection with the registrar setting out his reasons therefor and serves a copy of the notice on the trustee.