Lee (Re) (Trustee of)

Lee (Re) (Trustee of)

The automatic discharge is a step in the proceedings under the receiving order and is stayed by s.195 while an appeal from the receiving order is pending; therefore no automatic discharge occurred on June 9, 1999 and the application for a declaration of automatic discharge is dismissed.

Source-derived case information.

Citation
2001 BCSC 495
Parties
Bankrupt: Steven Patrick Lee; Trustee: Trustee; Creditor: Creditor
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 April 2001
Procedural Posture
Bankruptcy / Application for Discharge Under S.168.1(1); in Chambers Motion Following Appeal
Outcome
Application for declaration of automatic discharge dismissed; application for discharge adjourned.
Legal Topics
Automatic Discharge, Stay of Proceedings, Appeal, Statutory Interpretation, Notice of Opposition, S.168.1(1), S.195, S.187(9)
Source Language
english
Bankruptcy Insolvency Civil Procedure Automatic Discharge Stay of Proceedings Appeal Statutory Interpretation Notice of Opposition +3 more

Source-derived case record

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Parties

Steven Patrick Lee

Bankrupt

Trustee

Trustee

Creditor

Creditor

Procedural Posture

Bankruptcy / Application for Discharge Under S.168.1(1); in Chambers Motion Following Appeal

Legal Issues

  1. 1 Whether automatic discharge under s.168.1(1)(f) occurs despite an outstanding appeal
  2. 2 Whether an automatic discharge is a 'proceeding' for purposes of s.195 stay
  3. 3 Whether s.187(9) can cure failure to give notice of objection to permit opposition after automatic discharge

Ratio Decidendi

The automatic discharge is a step in the proceedings under the receiving order and is stayed by s.195 while an appeal from the receiving order is pending; therefore no automatic discharge occurred on June 9, 1999 and the application for a declaration of automatic discharge is dismissed.

Court Disposition

Application for declaration of automatic discharge dismissed; application for discharge adjourned.

Orders

  • Application that Mr. Lee was automatically discharged on June 9, 1999 is dismissed.
  • Application for discharge is adjourned.