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Bankruptcy and Insolvency General Rules

Version of section 104 from 2006-03-22 to 2007-03-21:

  •  (1) In this section, contributory has the same meaning as in section 77 of the Act.

  • (2) The trustee may at any time, by written notice, demand payment from a contributory, within 30 days after the day of service or sending of the notice, of the amount that the contributory is liable to contribute under subsection 77(1) of the Act. The notice must include the relevant information on the contributory’s right of dispute under subsection (4).

  • (3) The notice under subsection (2) must be served personally on the contributory, or sent by registered mail or courier to the contributory’s latest known address or the address shown in the stock register or other books of the bankrupt corporation.

  • (4) Within the 30 days after the day on which notice was served or sent, the contributory may dispute their liability, in whole or in part, in respect of the amount to be contributed, by giving the trustee a written notice of dispute setting out the disputed items and the grounds for disputing them and, thereafter, except with leave of the court, the contributory may not plead any other ground of dispute in any proceedings brought against the contributory by the trustee.

  • (5) Where the amount to be contributed is not paid, or a notice of dispute is not sent, within the 30 day period referred to in subsection (4), the trustee may take ex parte proceedings for the recovery of the amount from the contributory in question.

  • (6) When the trustee receives a notice of dispute, the trustee may apply to the court to decide the issue and, within 10 days after making that application, shall send the contributory a notice of hearing of the application.

  • SOR/98-240, s. 1
  • SOR/2005-284, s. 7(F)

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