Form 69—Notice of Bankruptcy and of Impending Automatic Discharge of Bankrupt, and Request of a First Meeting of Creditors
For persons to which the 2009 amendments apply
(Paragraphs 155(d.1), 155(h) and 168.1(4) and section 168.2 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 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 the 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 proof of claim form, proxy form and list of creditors with claims amounting to $25 or more showing the amounts of their claims.
- Also enclosed pursuant to subsection 102(3) 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 will be given an automatic discharge on the day of 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.
Check appropriate provision in respect of the bankrupt's discharge
In the case of an individual who has never before been bankrupt:
on the expiry of 9 months after the date of bankruptcy;
on the expiry of 21 months after the date of bankruptcy where the bankrupt is required to make payments under section 68 of the Bankruptcy and Insolvency Act (BIA) to the estate.
In the case of an individual who has been a bankrupt one time before:
on the expiry of 24 months after the date of bankruptcy;
on the expiry of 36 months after the date of bankruptcy where the bankrupt is required to make payments under section 68 of the BIA to the estate.
- Any creditor who intends to oppose the discharge of the bankrupt shall state in writing the grounds for his/her 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 day of . (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 .
Licensed Insolvency Trustee
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