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

Act current to 2014-06-12 and last amended on 2013-04-01. Previous Versions

Marginal note:Precedence of bankruptcy orders and assignments
  •  (1) Every bankruptcy order and every assignment made under this Act takes precedence over all judicial or other attachments, garnishments, certificates having the effect of judgments, judgments, certificates of judgment, legal hypothecs of judgment creditors, executions or other process against the property of a bankrupt, except those that have been completely executed by payment to the creditor or the creditor’s representative, and except the rights of a secured creditor.

  • Marginal note:Costs

    (2) Despite subsection (1), one bill of costs of a barrister or solicitor or, in the Province of Quebec, an advocate, including the executing officer’s fees and land registration fees, shall be payable to the creditor who has first attached by way of garnishment or filed with the executing officer an attachment, execution or other process against the property of the bankrupt.

  • R.S., 1985, c. B-3, s. 70;
  • 1992, c. 27, s. 37;
  • 1997, c. 12, s. 66(F);
  • 2004, c. 25, s. 44;
  • 2005, c. 47, s. 63(E).