Directive No. 8R11

The Bankruptcy and Insolvency Act Forms

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Date: November 9, 2010

The Office of the Superintendent of Bankruptcy (OSB) has amended Form 31, Proof of Claim, and Form 79, Statement of Affairs (Non-Business Bankruptcy/Proposal).

Form 31, Proof of Claim

Form 31, Proof of Claim, has been amended to allow creditors to request to be informed of the amount fixed under subparagraph 68(4)(a)(i) of the Bankruptcy and Insolvency Act (BIA) of surplus income that the bankrupt is required to pay to the estate of the bankrupt. Form 31 has also been amended to allow creditors to request to be informed, pursuant to paragraph 68(4)(b) of the BIA, if the trustee determines that there is no surplus income.

Form 79, Statement of Affairs (Non-Business Bankruptcy/Proposal)

Paragraph (c) under “Information relating to the affairs of the bankrupt/debtor” has been amended to be consistent with the language used in paragraph 158(g) of the Act. The part pertaining to whether or not the debtor knew himself/herself to be insolvent has been removed. Paragraph 158(g) of the Act leaves determination of whether or not the bankrupt was insolvent at the time of the transfer to the trustee after disclosure of all transfers at undervalue.

Coming into Force

Amended Forms 31 and 79 come into force on March 18, 2011, and apply to persons to which the September 18, 2009, amendments apply.

Enquiries

If you require further information, please do not hesitate to contact the OSB office nearest you.

Issued: November 9, 2010

(This Directive amends Directive No. 8R10 issued on September 15, 2010, on the same topic.)

Interpretation

1. In this Directive,

“Act” means the Bankruptcy and Insolvency Act;

“Forms” means the Forms under the Bankruptcy and Insolvency Act;

“OSB” means the Office of the Superintendent of Bankruptcy;

“Rules” means the Bankruptcy and Insolvency General Rules.

Authority and Purpose

2. This Directive is issued pursuant to the authority of paragraphs 5(4)(c) and (e) of the Act for the purpose of prescribing amendments to Form 31, Proof of Claim, and Form 79, Statement of Affairs (Non-Business Bankruptcy/Proposal).

Summary

3. This Directive amends Form 31, Proof of Claim, to allow creditors to request, by selecting the appropriate checkbox, to be informed, pursuant to subparagraph 68(4)(a)(ii) of the Act, of the amount fixed under subparagraph 68(4)(a)(i) of the Act of surplus income that the bankrupt is required to pay to the estate of the bankrupt.

4. This Directive also amends Form 31 to allow creditors to request, by selecting the appropriate checkbox, to be informed, pursuant to paragraph 68(4)(b) of the Act, if the trustee determines that there is no surplus income.

5. This Directive amends Form 79, Statement of Affairs (Non-Business Bankruptcy/Proposal), paragraph C under “Information relating to the affairs of the bankrupt/debtor” to be consistent with the language used in paragraph 158(g) of the Act. The part pertaining to whether or not the debtor knew himself/herself to be insolvent has been removed. Paragraph 158(g) of the Act leaves determination of whether or not the bankrupt was insolvent at the time of the transfer to the trustee after disclosure of all transfers at undervalue.

Coming into Force

6. Amended Forms 31 and 79 come into force on March 18, 2011, and apply to persons to which the September 18, 2009, amendments apply.

Enquiries

7. For any questions pertaining to this Directive, please contact your local OSB office.

James Callon
Superintendent of Bankruptcy

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