Bankruptcy and Insolvency Act

Marginal note:Examination of bankrupt by official receiver

• 161 (1) Before a bankrupt’s discharge, the official receiver shall, on the attendance of the bankrupt, examine the bankrupt under oath with respect to the bankrupt’s conduct, the causes of the bankruptcy and the disposition of the bankrupt’s property and shall put to the bankrupt the prescribed question or questions to the like effect and such other questions as the official receiver may see fit.

• Marginal note:Record of examination

  (2) The official receiver shall make a record of the examination and shall forward a copy of the record to the Superintendent and the trustee.

• Marginal note:Record of examination available to creditors on request

  (2.1) If the examination is held

  • (a) before the first meeting of creditors, the record of the examination shall be communicated to the creditors at the meeting; or

  • (b) after the first meeting of creditors, the record of examination shall be made available to any creditor who requests it.

• Marginal note:Examination before another official receiver

  (3) When the official receiver deems it expedient, the official receiver may authorize an examination to be held before any other official receiver.

• Marginal note:Official receiver to report failure to attend

  (4) Where a bankrupt fails to present himself for examination by the official receiver, the official receiver shall so report to the first meeting of creditors.