Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)

Act current to 2012-05-02 and last amended on 2010-01-01. Previous Versions

Marginal note:Partner or co-trustee not released

179. An order of discharge does not release a person who at the time of the bankruptcy was a partner or co-trustee with the bankrupt or was jointly bound or had made a joint contract with the bankrupt, or a person who was surety or in the nature of a surety for the bankrupt.

  • R.S., 1985, c. B-3, s. 179;
  • 2004, c. 25, s. 84(F);
  • 2005, c. 47, s. 108(E).
Previous Version
Marginal note:Court may annul discharge

  • 180. (1) Where a bankrupt after his discharge fails to perform the duties imposed on him by this Act, the court may, on application, annul his discharge.

  • Marginal note:Annulment of discharge obtained by fraud

    (2) Where it appears to the court that the discharge of a bankrupt was obtained by fraud, the court may, on application, annul his discharge.

  • Marginal note:Effect of annulment of discharge

    (3) An order revoking or annulling the discharge of a bankrupt does not prejudice the validity of a sale, disposition of property, payment made or thing duly done before the revocation or annulment of the discharge.

  • R.S., 1985, c. B-3, s. 180;
  • 2004, c. 25, s. 85(F).
Previous Version
Marginal note:Power of court to annul bankruptcy

  • 181. (1) If, in the opinion of the court, a bankruptcy order ought not to have been made or an assignment ought not to have been filed, the court may by order annul the bankruptcy.

  • Marginal note:Effect of annulment of bankruptcy

    (2) If an order is made under subsection (1), all sales, dispositions of property, payments duly made and acts done before the making of the order by the trustee or other person acting under the trustee’s authority, or by the court, are valid, but the property of the bankrupt shall vest in any person that the court may appoint, or, in default of any appointment, revert to the bankrupt for all the estate, or interest or right of the trustee in the estate, on any terms and subject to any conditions, if any, that the court may order.

  • Marginal note:Final statement of receipts and disbursements

    (3) If an order is made under subsection (1), the trustee shall, without delay, prepare the final statements of receipts and disbursements referred to in section 151.

  • R.S., 1985, c. B-3, s. 181;
  • 2004, c. 25, s. 86;
  • 2005, c. 47, s. 109.
Previous Version
Marginal note:Stay on issue of order

  • 182. (1) An order of discharge or annulment shall be dated on the day on which it is made, but it shall not be issued or delivered until the expiration of the time allowed for an appeal, and, if an appeal is entered, not until the appeal has been finally disposed of.

  • (2) [Repealed, 1992, c. 27, s. 65]

  • R.S., 1985, c. B-3, s. 182;
  • 1992, c. 27, s. 65.