Form 69—Notice of Bankruptcy and Impending Automatic Discharge of First-time Bankrupt, and Request of a First Meeting of Creditors.
For persons to which the 2009 amendments do not apply
(Paragraphs 155(d.1), 155(h) and 168.1(1)(a.1) of the Act)
(Title Form 1)
Take notice that:
- (name of bankrupt) filed (or was deemed to have filed) an assignment on the day of , and the undersigned, (name of trustee), was appointed as trustee of the estate of the bankrupt by the official receiver (or the court), subject to affirmation by the creditors of the trustee's appointment or substitution of another trustee by the creditors.
- Pursuant to paragraph 155(d.1) of the Act, a first meeting of creditors will be required only if, within thirty days after the date of bankruptcy, the official receiver or creditors who have in the aggregate at least 25 percent in value of the proven claims, request a meeting to be held.
- To request such a meeting and to vote at a meeting, a creditor must lodge with the trustee before such request for a meeting, a proof of claim and where necessary, a proxy.
- Enclosed with this notice is a form of proof of claim, a form of proxy, and a list of creditors with claims amounting to 25 dollars or more, showing the amounts of their claims.
- Also enclosed pursuant to section 102(3)(a) of the Act, is information concerning the financial situation of the bankrupt and the obligation of the bankrupt to make payments to the estate of the bankrupt, as required under section 68 of the Act.
- Creditors must prove their claims against the estate of the bankrupt in order to share in any distribution of the proceeds realized from the estate.
- Pursuant to section 168.1 of the Act, the bankrupt, being an individual who has never before been bankrupt, will be given an automatic discharge on the day of , (Insert the date that is nine months after the date of the bankruptcy), unless the Superintendent of Bankruptcy, the trustee of the estate of the bankrupt or a creditor of the bankrupt gives notice of intended opposition to the discharge of the bankrupt before that date.
- Any creditor who intends to oppose the discharge of the bankrupt shall state in writing the grounds for their opposition, and send a notice to this effect to the division office, the trustee of the estate of the bankrupt and the bankrupt at any time before the . (Insert the same date as in item 7).
- If any creditor opposes the discharge of the bankrupt, a court fee applies.
- If the discharge of the bankrupt is opposed, the trustee will apply to the court without delay for an appointment for the hearing of the opposition in the manner prescribed by the Act unless it is a matter to be dealt with by mediation pursuant to Subsection 170.1(4) of the Act.
Dated at , this day of .
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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