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Bankruptcy and Insolvency Act

Version of section 152 from 2009-09-18 to 2024-11-26:


Marginal note:Statement of receipts and disbursements

  •  (1) The trustee’s final statement of receipts and disbursements shall contain

    • (a) a complete account of

      • (i) all moneys received by the trustee out of the bankrupt’s property or otherwise,

      • (ii) the amount of interest received by the trustee,

      • (iii) all moneys disbursed and expenses incurred by the trustee,

      • (iv) all moneys disbursed by the trustee for services provided by persons related to the trustee, and

      • (v) the remuneration claimed by the trustee; and

    • (b) full particulars of, and a description and value of, all the bankrupt’s property that has not been sold or realized together with the reason why it has not been sold or realized and the disposition made of that property.

  • Marginal note:Prescribed form

    (2) The statement referred to in subsection (1) shall be prepared in the prescribed form or as near thereto as the circumstances of the case will permit and together with the dividend sheet shall be submitted to the inspectors for their approval.

  • Marginal note:Copy to Superintendent

    (3) The trustee shall forward a copy of the statement and dividend sheet to the Superintendent after they have been approved by the inspectors.

  • Marginal note:Superintendent may comment

    (4) The Superintendent may comment as he sees fit and his comments shall be placed by the trustee before the taxing officer for his consideration on the taxation of the trustee’s accounts.

  • Marginal note:Notice of final dividend, etc.

    (5) After the Superintendent has commented on the taxation of the trustee’s accounts or advised the trustee that the Superintendent has no comments to make and the trustee’s accounts have been taxed, the trustee shall send, in the prescribed manner, to every creditor whose claim has been proved, to the registrar, to the Superintendent and to the bankrupt

    • (a) a copy of the final statement of receipts and disbursements;

    • (b) a copy of the dividend sheet; and

    • (c) a notice, in the prescribed form, of the trustee’s intention to pay a final dividend after the expiry of 15 days from the sending of the notice, statement and dividend sheet and to apply to the court for his or her discharge on a subsequent date that is not less than 30 days after the payment of the dividend.

  • Marginal note:Objections

    (6) No interested person is entitled to object to the final statement and the dividend sheet unless, prior to the expiration of the fifteen days referred to in paragraph (5)(c), that person files notice of his objection with the registrar setting out his reasons therefor and serves a copy of the notice on the trustee.

  • R.S., 1985, c. B-3, s. 152
  • 1992, c. 1, s. 20, c. 27, s. 55
  • 2005, c. 47, s. 93

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