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

Act current to 2020-11-17 and last amended on 2019-11-01. Previous Versions

Marginal note:Court may grant or refuse discharge

  •  (1) On the hearing of an application of a bankrupt for a discharge, other than a bankrupt referred to in section 172.1, the court may

    • (a) grant or refuse an absolute order of discharge;

    • (b) suspend the operation of an absolute order of discharge for a specified time; or

    • (c) grant an order of discharge subject to any terms or conditions with respect to any earnings or income that may afterwards become due to the bankrupt or with respect to the bankrupt’s after-acquired property.

  • Marginal note:Powers of court to refuse or suspend discharge or grant conditional discharge

    (2) The court shall, on proof of any of the facts referred to in section 173, which proof may be given orally under oath, by affidavit or otherwise,

    • (a) refuse the discharge of a bankrupt;

    • (b) suspend the discharge for such period as the court thinks proper; or

    • (c) require the bankrupt, as a condition of his discharge, to perform such acts, pay such moneys, consent to such judgments or comply with such other terms as the court may direct.

  • Marginal note:Court may modify after year

    (3) Where at any time after the expiration of one year after the date of any order made under this section the bankrupt satisfies the court that there is no reasonable probability of his being in a position to comply with the terms of the order, the court may modify the terms of the order or of any substituted order, in such manner and on such conditions as it may think fit.

  • Marginal note:Power to suspend

    (4) The powers of suspending and of attaching conditions to the discharge of a bankrupt may be exercised concurrently.

  • R.S., 1985, c. B-3, s. 172
  • 2005, c. 47, s. 104
  • 2007, c. 36, ss. 52, 101
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