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Bankruptcy and Insolvency Act

Version of section 49 from 2009-09-18 to 2024-02-06:

Marginal note:Assignment for general benefit of creditors

  •  (1) An insolvent person or, if deceased, the executor or administrator of their estate or the liquidator of the succession, with the leave of the court, may make an assignment of all the insolvent person’s property for the general benefit of the insolvent person’s creditors.

  • Marginal note:Sworn statement

    (2) The assignment must be accompanied by a sworn statement in the prescribed form showing the debtor’s property that is divisible among his or her creditors, the names and addresses of all his or her creditors and the amounts of their respective claims.

  • Marginal note:Filing of assignment

    (3) The assignment made under subsection (1) shall be offered to the official receiver in the locality of the debtor, and it is inoperative until filed with that official receiver, who shall refuse to file the assignment unless it is in the prescribed form or to the like effect and accompanied by the sworn statement required by subsection (2).

  • Marginal note:Appointment of trustee

    (4) Where the official receiver files the assignment made under subsection (1), he shall appoint as trustee a licensed trustee whom he shall, as far as possible, select by reference to the wishes of the most interested creditors if ascertainable at the time, and the official receiver shall complete the assignment by inserting therein as grantee the name of the trustee.

  • Marginal note:Cancellation of assignment

    (5) Where the official receiver is unable to find a licensed trustee who is willing to act, the official receiver shall, after giving the bankrupt five days notice, cancel the assignment.

  • Marginal note:Procedure in small estates

    (6) Where the bankrupt is not a corporation and in the opinion of the official receiver the realizable assets of the bankrupt, after the claims of secured creditors are deducted, will not exceed five thousand dollars or such other amount as is prescribed, the provisions of this Act relating to the summary administration of estates shall apply.

  • Marginal note:Future property not to be considered

    (7) In the determination of the realizable assets of a bankrupt for the purposes of subsection (6), no regard shall be had to any property that may be acquired by the bankrupt or devolve on the bankrupt before the bankrupt’s discharge.

  • Marginal note:Where subsection (6) ceases to apply

    (8) The official receiver may direct that subsection (6) shall cease to apply in respect of the bankrupt where the official receiver determines that

    • (a) the realizable assets of the bankrupt, after the claims of secured creditors are deducted, exceed five thousand dollars or the amount prescribed, as the case may be, or

    • (b) the costs of realization of the assets of the bankrupt are a significant proportion of the realizable value of the assets,

    and the official receiver considers that such a direction is appropriate.

  • R.S., 1985, c. B-3, s. 49
  • 1992, c. 1, s. 15, c. 27, s. 17
  • 1997, c. 12, s. 29
  • 2004, c. 25, s. 31(E)
  • 2005, c. 47, s. 33

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