Bankruptcy and Insolvency Act
Marginal note:Commencement of proceedings
Marginal note:Duties of administrator
(2) An administrator who agrees to assist a consumer debtor shall
(a) investigate, or cause to be investigated, the consumer debtor’s property and financial affairs so as to be able to assess with reasonable accuracy the consumer debtor’s financial situation and the cause of his insolvency;
(b) provide, or provide for, counselling in accordance with directives issued by the Superintendent pursuant to paragraph 5(4)(b);
(c) prepare a consumer proposal in the prescribed form; and
(d) subject to subsection (3), file with the official receiver a copy of the consumer proposal, signed by the consumer debtor, and the prescribed statement of affairs.
Marginal note:Where consumer proposal not to be filed
(3) The administrator shall not file a consumer proposal under paragraph (2)(d) if he has reason to believe that
Marginal note:Where consumer proposal wrongly filed
(4) Where the administrator determines, after filing a consumer proposal under paragraph (2)(d), that it should not have been filed because the debtor was not eligible to make a consumer proposal, the administrator shall forthwith so inform the creditors and the official receiver, but the consumer proposal is not invalid by reason only that the debtor was not eligible to make the consumer proposal.
- 1992, c. 27, s. 32
- 1999, c. 31, s. 21(E)
- 2005, c. 47, s. 48
- Date modified: