Bankruptcy Proceedings Before A Registrar In Bankruptcy Page 2
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26Scheduling Applications for Trustee Opposed Discharge
6. To schedule the hearing of an application for a trustee opposed discharge, a Notice in Form 81
pursuant to the Bankruptcy and Insolvency Act (“BIA”) must be filed in the registry where the
application will be heard. A draft of the order sought in the standard form prescribed in Appendix A
to this Administrative Notice must be attached to the Form 81.
Materials required to be provided at Trustee Opposed Discharge Hearing
7. At the hearing of the application for discharge of the bankrupt, the trustee must provide to the
presiding Registrar in Bankruptcy, the following materials:
a) two copies of the order sought in the standard form prescribed in Appendix A to this
Administrative Notice
b) a copy of the filed Form 81 Notice
c) the s. 170 Report
d) the Statement of Affairs
e) the Claims Register
f) a copy of the transcript of any examination by Official Receiver
g) a spreadsheet showing surplus income calculation (or no surplus as the case may be)
h) the bankrupt’s three (3) most recent income and expense statements
i)
a filed copy of any affidavit to be relied upon by the trustee at the hearing
j)
for self-employed bankrupts, proof of tax remittances made during the post-bankruptcy period,
if any
k) any other relevant documentation (e.g., copy of self-exclusion from gambling, letter from
outside counsellor regarding treatment for non-budgetary causes etc.)
Scheduling Multiple Applications
8. Trustees must ensure they book sufficient time for all of their applications to be completed in the
allotted time. Applications that cannot be dealt with within the time scheduled will either be stood
down to the end of the list to be dealt with if time permits, or will be adjourned to another date.
9. Trustees may set up to 10 applications for hearing in each 15 minute time block allotted to them.
However, it will be in the discretion of the presiding Registrar in Bankruptcy whether all applications
that have been set for hearing will be heard.
Page 2 of 26
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