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Bankruptcy and Insolvency Act

Version of section 161 from 2002-12-31 to 2004-12-14:

Marginal note:Examination of bankrupt by official receiver

  •  (1) Before a bankrupt’s discharge, the official receiver shall, on the attendance of the bankrupt, examine the bankrupt under oath with respect to the bankrupt’s conduct, the causes of the bankruptcy and the disposition of the bankrupt’s property and shall put to the bankrupt the prescribed question or questions to the like effect and such other questions as the official receiver may see fit.

  • Marginal note:Report

    (2) The official receiver shall make notes of an examination made under subsection (1) and shall forward a copy of the notes to the Superintendent, the trustee and the court for deposit therein.

  • Marginal note:Notes available to creditors on request

    (2.1) Where the examination under subsection (1) is held

    • (a) before the first meeting of creditors, the notes shall be communicated to the creditors at the meeting; or

    • (b) after the first meeting of creditors, the notes shall be made available to any creditor who requests them.

  • Marginal note:Examination before another official receiver

    (3) When the official receiver deems it expedient, the official receiver may authorize an examination to be held before any other official receiver.

  • Marginal note:Official receiver to report failure to attend

    (4) Where a bankrupt fails to present himself for examination by the official receiver, the official receiver shall so report to the first meeting of creditors.

  • R.S., 1985, c. B-3, s. 161
  • 1997, c. 12, s. 95

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