Bankruptcy and Insolvency General Rules (C.R.C., c. 368)

62. The trustee of the estate of a bankrupt under summary administration shall apply for taxation of the trustee’s accounts and for the discharge of the trustee by sending to the Division Office

• (a) the trustee’s final statement of receipts and disbursements, in prescribed form; and

• (b) the dividend sheet, showing the dividends paid or to be paid to the creditors of the bankrupt.

• (c) [Repealed, SOR/2009-218, s. 8]

63. The Superintendent shall examine all documents sent to the Division Office pursuant to section 62 and issue a letter of comment to the trustee, stating whether the Superintendent is requesting from the registrar the taxation of the trustee’s accounts.

• 64. (1) If the Superintendent’s letter of comment states that the Superintendent is not requesting the taxation of the trustee’s accounts, the trustee shall, within 30 days after receipt of the letter of comment, send to each creditor who has proved a claim a notice of taxation of the trustee’s accounts and discharge of the trustee, in prescribed form, attaching

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

  • (b) a copy of the dividend sheet, showing the dividends paid or to be paid to the creditors of the bankrupt; and

  • (c) the final dividend that is owed to the creditor, if the trustee is satisfied that no creditor will object to the taxation of the trustee’s accounts and the discharge of the trustee.

• (2) A creditor may, within 30 days after the day on which the notice referred to in subsection (1) is sent, object to the taxation of the trustee’s accounts and the discharge of the trustee by

  • (a) serving a notice of objection on the trustee or sending a notice of objection to the trustee by registered mail or courier;

  • (b) filing a copy of the notice of objection with the registrar, along with any applicable fee provided by the tariff; and

  • (c) sending a copy of the notice of objection to the Division Office.

64.1 to 64.6 [Repealed, SOR/98-240, s. 1]

• 65. (1) If a trustee receives no notice of objection within the time limit set out in subsection 64(2), the trustee shall

  • (a) at the expiration of that time limit, take the trustee’s fee;

  • (b) at the expiration of that time limit, if the trustee has not already done so, send a final dividend to each creditor to whom one is owed; and

  • (c) within three months after the day on which the notice referred to in subsection 64(1) is sent,

    • (i) close the bank account used in administering the estate of the bankrupt, if that account is not a consolidated account, or, if the account is a consolidated account, ensure that all estate funds have been withdrawn from it,

    • (ii) remit any unclaimed dividends and undistributed funds to the Superintendent, and

    • (iii) send to the Division Office a certificate of compliance and deemed discharge, in prescribed form.

• (2) A trustee is deemed to be discharged on meeting the requirements of paragraphs (1)(b) and (c).

• (3) If a trustee receives a notice of objection within the time limit set out in subsection 64(2), the trustee shall

  • (a) [Repealed, SOR/2009-218, s. 9]

  • (b) obtain a hearing date from the registrar; and

  • (c) within 30 days after the day on which the notice of objection is received, send the objecting creditor a notice of hearing, which notice must be sent at least 30 days before the date of the hearing and must be in prescribed form.