Bankruptcy and Insolvency General Rules

Version of section 65 from 2007-03-22 to 2009-09-17:

  •  (1) If a trustee receives no notice of objection within the time limit set out in subsection 64(2), the trustee shall

    • (a) at the expiration of that time limit, take the trustee’s fee;

    • (b) at the expiration of that time limit, if the trustee has not already done so, send a final dividend to each creditor to whom one is owed; and

    • (c) within three months after the day on which the notice referred to in subsection 64(1) is sent,

      • (i) close the bank account used in administering the estate of the bankrupt, if that account is not a consolidated account, or, if the account is a consolidated account, ensure that all estate funds have been withdrawn from it,

      • (ii) remit any unclaimed dividends and undistributed funds to the Superintendent, and

      • (iii) send to the Division Office a certificate of compliance and deemed discharge, in prescribed form.

  • (2) A trustee is deemed to be discharged on meeting the requirements of paragraphs (1)(b) and (c).

  • (3) If a trustee receives a notice of objection within the time limit set out in subsection 64(2), the trustee shall

    • (a) advise the Division Office of the objection;

    • (b) obtain a hearing date from the registrar; and

    • (c) within 30 days after the day on which the notice of objection is received, send the objecting creditor a notice of hearing, which notice must be sent at least 30 days before the date of the hearing and must be in prescribed form.

  • SOR/81-646, s. 4
  • SOR/98-240, s. 1
  • SOR/2007-61, s. 63(E)
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