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Bankruptcy and Insolvency General Rules

Version of section 61 from 2009-09-18 to 2024-06-19:

  •  (1) An application of a trustee for discharge must

    • (a) be made in prescribed form; and

    • (b) be accompanied by a copy of the notice of final dividend and application for discharge of trustee, a copy of the final statement of receipts and disbursements as taxed, both in prescribed form, and a dividend sheet.

  • (2) At the time of discharge, the trustee must satisfy the court that

    • (a) the statements made in connection with the discharge are true;

    • (b) the final statement of receipts and disbursements is an accurate and correct statement of the administration of the estate, and has been approved by the inspectors and taxed by the court;

    • (c) [Repealed, SOR/2009-218, s. 7]

    • (d) all the property of the bankrupt for which the trustee was accountable has been sold, realized or disposed of in the manner described in the final statement of receipts and disbursements;

    • (e) every claim subject to a dividend was properly examined and that

      • (i) to the best of the trustee’s knowledge, the dividend sheet presented to the court contains a true and correct list of the claims of creditors entitled to share in the estate,

      • (ii) all payments shown on the dividend sheet have been duly made, and

      • (iii) unclaimed dividends and undistributed funds have been forwarded to the Superintendent by the trustee in accordance with subsection 154(1) of the Act;

    • (f) the trustee has not received, does not expect to receive, and has not been promised, any remuneration or consideration other than as shown in the final statement of receipts and disbursements;

    • (g) the trustee has complied with subsection 170(2) of the Act; and

    • (h) the final statement of receipts and disbursements, the dividend sheet and the notice of application for discharge of trustee have been sent to the registrar, the Division Office, the bankrupt and every creditor whose claim has been proved.

  • SOR/98-240, s. 1
  • SOR/2005-284, s. 6(F)
  • SOR/2009-218, s. 7

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