Form 82—Report of Trustee on Bankrupt's Application for Discharge

For persons to which the 2009 amendments do not apply

PDF version

Form 82

34 KB, 3 pages

(Subsection 170(1) of the Act)


(Title Form 1)

Date of bankruptcy:
Space to insert date of bankruptcy
Date of initial bankruptcy event:
Space to insert Date of initial bankruptcy event
Marital Status: Space to insert Marital Status
Type of employment:
Space to insert Type of employment
Number of persons in household family unit, including bankrupt:
Space to insert Number of persons in household family unit
Amount of Liabilities
Secured Preferred Unsecured
Declared $Space to insert secured declared amount of liabilities $Space to insert preferred declared amount of liabilities $Space to insert  unsecured declared amount of liabilities
Proven $Space to insert secured proven amount of liabilities $Space to insert preferred proven amount of liabilities $Space to insert unsecured proven amount of liabilities
Amount of assets
Description Value as per Statement of Affairs Amount realized Estimate of assets to be realized
$Space to insert value as per Statement of affairs $Space to insert amount realized $Space to insert estimate of assets to be realized
Total $Space to insert total of values as per Statement of affairs $Space to insert total of $Space to insert total of estimates of assets to be realized

Anticipated Rate of Dividends

Preferred creditors:
Space to insert names of preferred creditors
Unsecured creditors:
Space to insert names of unsecured creditors

A: Causes of bankruptcy

  1. Provide details of the causes of bankruptcy:

    Space to insert first line of details of the causes of bankruptcy

    Space to insert second line of details of the causes of bankruptcy

    Space to insert third line of details of the causes of bankruptcy

B: Information concerning the financial situation

(The same method of calculation must be used to establish the available monthly income of the bankrupt and the family unit at date of bankruptcy and at date of this report. Explain any material changes.)

  1. (a) Available monthly income of the bankrupt at date of bankruptcy
    (Same amount as line (7) on Form 65): $Space to insert available monthly income of the bankrupt at date of bankruptcy
    • (b) Available monthly income of the bankrupt at date of this report: $Space to insert available monthly income of the bankrupt at date of this report
  1. (a) Available monthly income of the family unit at date of bankruptcy
    (Same amount as line (8) on Form 65): $Space to insert available monthly income of the family unit at date of bankruptcy
    • (b) Available monthly income of the family unit at date of this report: $Space to insert available monthly income of the family unit at date of this report

C: Conduct of the bankrupt

  1. (a) Was the bankrupt required to pay to the estate an amount established by the Directive on Surplus Income? (If yes, attach Appendix A)
    Yes select if the bankrupt required to pay to the estate an amount established by the Directive on Surplus Income No select if the bankrupt did not required to pay to the estate an amount established by the Directive on Surplus Income
    • (b) Could the bankrupt have made a viable proposal rather than proceeding with bankruptcy?
      (If yes, attach Appendix A)
      Yes select if the bankrupt has made a viable proposal No select if the bankrupt has not made a viable proposal
  1. (a) Did the bankrupt fail to perform any of the duties imposed on the bankrupt under the Act?
    (If yes, provide details)
    Yes select if the bankrupt failed to perform any of the duties imposed on the bankrupt No select if the bankrupt did performed any duties imposed on the bankrupt
    • (b) Can the bankrupt be justly held responsible for any of the facts referred pursuant to section 173 of the Act? (If yes, provide details)
      Yes select if the bankrupt can be justly held responsible for any of the facts referred pursuant to section 173 of the Act No select if the bankrupt cannot be justly held responsible for any of the facts referred pursuant to section 173 of the Act
    • (c) Did the bankrupt commit any offence in connection with the bankruptcy? (If yes, provide details)
      Yes select if the bankrupt commit any offence in connection with the bankruptcy No select if the bankrupt did not commit any offence in connection with the bankruptcy
  1. (a) Did the bankrupt ever make a proposal under the Bankruptcy and Insolvency Act? (If yes, provide details)
    Yes select if the bankrupt made a proposal under the Bankruptcy and Insolvency Act No select if the bankrupt did not make a proposal under the Bankruptcy and Insolvency Act
    • (b) Has the bankrupt been bankrupt before either in Canada or elsewhere? (If yes, provide details)
      Yes select if the bankrupt has been bankrupt before either in Canada or elsewhere No select if the bankrupt has not been bankrupt before either in Canada or elsewhere
  1. Were inspectors appointed in this estate?
    (Provide details if the trustee has reasonable grounds to believe that the inspectors will not approve this report. Attach a copy of the resolution.)
    Yes select if inspectors were appointed in this estate No select if inspectors were not appointed in this estate

D: Discharge of the bankrupt

  1. (a) Is it the intention of the trustee to oppose the bankrupt's discharge? (If yes, provide details)
    Yes select if it is the intention of the trustee to oppose the bankrupt's discharge No select if it is not the intention of the trustee to oppose the bankrupt's discharge
    • (b) Does the trustee have reasonable grounds to believe that a creditor or the Superintendent will oppose the bankrupt's discharge for a reason other than those set out in section 173(1)(m) or (n) of the Act? (If yes, provide details)
      Yes select if the trustee have reasonable grounds to believe that a creditor or the Superintendent will oppose the bankrupt's discharge No select if
  1. Did the bankrupt refuse or neglect to receive counselling pursuant to the Directive on Counselling in insolvency matters? (If yes, provide details)
    Yes select if the bankrupt refused or neglected to receive counselling No select if the bankrupt accepted to receive counselling
  1. Are there other facts, matters or circumstances that would justify the Court in refusing an absolute order of discharge? (If yes, provide details)
    Yes select if there are other facts, matters or circumstances that would justify the Court in refusing an absolute order of discharge No select if there is no fact, matter or circumstance that would justify the Court in refusing an absolute order of discharge
  1. Other pertinent information? (e.g. Exceptional personal circumstances, preferential payments, etc. If yes, provide details.)
    Yes select if there is other pertinent information No select if there is no other pertinent information

Additional details as required

Number
Additional Information
Space to insert a number and some additional information on first line

Space to insert a number and some additional information on second line

Space to insert a number and some additional information on third line

Space to insert a number and some additional information on fourth line

Dated at Space to insert name of city, this Space to insert day of month day of Space to insert month, Space to insert year.

Appendix A

A: Amount required to be paid monthly by the bankrupt

Monthly amount required by the Directive on Surplus Income
(Same amount as line (15) on Form 65): $Space to insert monthly amount required by the Directive on Surplus Income(1)

Amount bankrupt has agreed to pay monthly (Same amount as line (14) on Form 65): $Space to insert amount bankrupt has agreed to pay monthly(2)

Difference between amounts at lines (1) and (2): $Space to insert difference between amounts at lines (1) and (2)

Amount bankrupt has agreed to pay monthly to repurchase assets
(Same amount as line (13) on Form 65, provide details): $Space to insert amount bankrupt has agreed to pay monthly to repurchase assets(3)

Total anticipated payments, lines (2) + (3): $Space to insert total anticipated payments

B: Surplus income

  1. Did bankrupt make all required payments pursuant to section 68 of the Act? (If no, provide details)
    Yes select if the bankrupt made all required payments pursuant to section 68 of the Act No select if the bankrupt did not make all required payments pursuant to section 68 of the Act
  2. Does amount established to be paid correspond with Directive on Surplus Income?
    (If no, provide details of any extenuating circumstances that would affect amount to be paid as per Directive)
    Yes select if amount is established to be paid correspond with directive on surplus income No select if amount is not established to be paid correspond with directive on surplus income
  3. Was the bankrupt made aware of the possibility of requesting mediation?
    Yes select if the bankrupt was made aware of the possibility of requesting mediation No select if the bankrupt was not made aware of the possibility of requesting mediation
  4. Any amendment or material changes during period of bankruptcy? (If yes, provide details)
    Yes select if an amendment or material changes was done during period of bankruptcy No select if an amendment or material changes was not done during period of bankruptcy
  5. Was mediation necessary under subsection 68(6) or 68(7) of the Act to determine the amount to be paid by the bankrupt?
    Yes select if mediation was necessary to determine the amount to be paid by the bankrupt No select if mediation was not necessary to determine the amount to be paid by the bankrupt

C: Recommendation on the bankrupt's discharge

(Do not complete this part if:

  • the bankrupt has previously been a bankrupt;
  • the discharge of the bankrupt is opposed on grounds other than those mentioned at section 170.1 of the Act; or
  • the bankrupt has refused or neglected to receive counselling pursuant to the Directive on Counselling in insolvency matters)
  1. Recommendation of the trustee pursuant to section 170.1 of the Act:
    • select if bankrupt is to be discharged without conditions bankrupt to be discharged without conditions; (Provide justification for unconditional discharge)
    • select if bankrupt is to be discharged and subject to conditions bankrupt to be discharged subject to conditions (deemed opposition) based on the following grounds under subsection 170.1(2) of the Act; (Provide details, amount and period of payments)
      • select if the bankrupt has not complied with a requirement imposed on the bankrupt under section 68 of the Act the bankrupt has not complied with a requirement imposed on the bankrupt under section 68 of the Act;
      • select if the total amount paid to the estate by the bankrupt is disproportionate in relation to the bankrupt's indebtedness and financial resources the total amount paid to the estate by the bankrupt is disproportionate in relation to the bankrupt's indebtedness and financial resources;
      • select if the bankrupt could have made a viable proposal, but chose to proceed with bankruptcy, rather than make a proposal as the means to resolve the indebtedness the bankrupt could have made a viable proposal, but chose to proceed with bankruptcy, rather than make a proposal as the means to resolve the indebtedness;
    • select if bankrupt to be discharged after fulfilling obligations under mediation agreement. (Provide details, amount and period of payments.) bankrupt to be discharged after fulfilling obligations under mediation agreement. (Provide details, amount and period of payments.)
  1. Does the trustee have reasonable grounds to believe that the debtor agrees to the conditions recommended by the trustee?
    Yes select if the trustee DOES have reasonable grounds to believe that the debtor agrees to the conditions recommended by the trustee No select if the trustee DOES NOT have reasonable grounds to believe that the debtor agrees to the conditions recommended by the trustee
  2. Was the bankrupt made aware of the possibility of requesting mediation?
    Yes select if the bankrupt was made aware of the possibility of requesting mediation No select if the bankrupt was not made aware of the possibility of requesting mediation

Dated at Space to insert name of city, this Space to insert day of month day of Space to insert month, Space to insert year.

Space to insert trustee's signature
Trustee

Note:

If a copy of this Notice is sent electronically by means such as email, the name and contact information of the sender, prescribed in Form 1.1, must be added at the end of the document.

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