Bankruptcy and Insolvency Act

Marginal note:Trustee to prepare report

• 170 (1) The trustee shall, in the prescribed circumstances and at the prescribed times, prepare a report, in the prescribed form, with respect to

  • (a) the affairs of the bankrupt,

  • (b) the causes of his bankruptcy,

  • (c) the manner in which the bankrupt has performed the duties imposed on him under this Act or obeyed the orders of the court,

  • (d) the conduct of the bankrupt both before and after the date of the initial bankruptcy event,

  • (e) whether the bankrupt has been convicted of any offence under this Act, and

  • (f) any other fact, matter or circumstance that would justify the court in refusing an unconditional order of discharge,

  and the report shall be accompanied by a resolution of the inspectors declaring whether or not they approve or disapprove of the report, and in the latter case the reasons of the disapproval shall be given.

• Marginal note:Filing and service of report

  (2) Where an application of a bankrupt for a discharge is pending, the trustee shall file the report prepared under subsection (1) in the court not less than two days, and forward a copy thereof to the Superintendent, to the bankrupt and to each creditor who requested a copy not less than ten days, before the day appointed for hearing the application, and in all other cases the trustee, before proceeding to the discharge, shall file the report in the court and forward a copy to the Superintendent.

• Marginal note:Superintendent may file report

  (3) The Superintendent may make such further or other report to the court as he deems expedient or as in his opinion ought to be before the court on the application referred to in subsection (2).

• Marginal note:Representation by counsel

  (4) The trustee or any creditor may attend the court and be heard in person or by counsel.

• Marginal note:Evidence at hearing

  (5) For the purposes of the application referred to in subsection (2), the report of the trustee is evidence of the statements therein contained.

• Marginal note:Right of bankrupt to oppose statements in report

  (6) Where a bankrupt intends to dispute any statement contained in the trustee’s report prepared under subsection (1), the bankrupt shall at or before the time appointed for hearing the application for discharge give notice in writing to the trustee specifying the statements in the report that he proposes at the hearing to dispute.

• Marginal note:Right of creditors to oppose

  (7) A creditor who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the trustee’s report shall give notice of the intended opposition, stating the grounds thereof to the trustee and to the bankrupt at or before the time appointed for the hearing of the application for discharge.