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

Marginal note:Oppositions to automatic discharge
  •  (1) The following provisions apply in respect of oppositions to the automatic discharge of an individual bankrupt:

    • (a) if the Superintendent opposes the discharge, the Superintendent must give notice of the opposition, together with the grounds for it, to the trustee and to the bankrupt before the automatic discharge would otherwise take effect;

    • (b) if a creditor opposes the discharge, the creditor must give notice of the opposition, together with the grounds for it, to the Superintendent, to the trustee and to the bankrupt before the automatic discharge would otherwise take effect; and

    • (c) if the trustee opposes the discharge, the trustee must give notice of the opposition in the prescribed form and manner, together with the grounds for the opposition, to the bankrupt and the Superintendent before the automatic discharge would otherwise take effect.

  • Marginal note:Application for hearing

    (2) If the Superintendent, a creditor or the trustee opposes the automatic discharge of an individual bankrupt, the trustee shall, unless the matter is to be dealt with by mediation under section 170.1, apply without delay to the court for an appointment for the hearing of the opposition in the manner referred to in sections 169 to 176, and the hearing must be held

    • (a) within 30 days after the day on which the appointment is made; or

    • (b) at any later time that may be fixed by the court at the bankrupt’s or trustee’s request.

  • 2005, c. 47, s. 100.
Marginal note:Bankruptcy to operate as application for discharge
  •  (1) The making of a bankruptcy order against, or an assignment by, a person other than a corporation or an individual in respect of whom subsection 168.1(1) applies operates as an application for discharge.

  • Marginal note:Appointment to be obtained by trustee

    (2) The trustee, before proceeding to his or her discharge and in any case not earlier than three months and not later than one year after the bankruptcy of a person for whom there is an application for discharge by virtue of subsection (1) shall, on five days notice to the bankrupt, apply to the court for an appointment for a hearing of the application for the bankrupt’s discharge, and the hearing must be held within 30 days after the day on which the appointment is made or at any other time that may be fixed by the court at the bankrupt’s or trustee’s request.

  • (3) [Repealed, 2005, c. 47, s. 101]

  • Marginal note:Bankrupt corporation

    (4) A bankrupt corporation may not apply for a discharge unless it has satisfied the claims of its creditors in full.

  • Marginal note:Fees and disbursements of trustee

    (5) The court may, before issuing an appointment for hearing on application for discharge, if requested by the trustee, require such funds to be deposited with, or such guarantee to be given to, the trustee, as it deems proper, for the payment of his fees and disbursements incurred in respect of the application.

  • Marginal note:Notice to creditors

    (6) The trustee, on obtaining or being served with an appointment for hearing an application for discharge, shall, not less than 15 days before the day appointed for the hearing of the application, send a notice of the hearing, in the prescribed form and manner, to the Superintendent, the bankrupt and every known creditor, at the creditor’s latest known address.

  • Marginal note:Procedure when trustee not available

    (7) Where the trustee is not available to perform the duties required of a trustee on the application of a bankrupt for a discharge, the court may authorize any other person to perform such duties and may give such directions as it deems necessary to enable the application of the bankrupt to be brought before the court.

  • R.S., 1985, c. B-3, s. 169;
  • 1992, c. 27, s. 62;
  • 1997, c. 12, s. 99;
  • 2004, c. 25, s. 82;
  • 2005, c. 47, s. 101.