Asian Concepts Franchising Corporation (Re)

Asian Concepts Franchising Corporation (Re)

A creditor who has filed a proof of claim is entitled to receive photocopies of other creditors' proofs of claim and the trustee's evaluations that relate to valuation for voting purposes; disclosure is subject to protection for privileged materials and an implied confidentiality undertaking limiting use to the bankruptcy proceedings, and the requesting creditor must identify the claims sought and pay the trustee's reasonable production costs.

Citation
2015 BCSC 192
Parties
Applicant Creditor: Adrenaline Drive Inc.; Respondent Proposal Proponent / Debtor: Asian Concepts Franchising Corporation; Trustee: Grant Thornton Limited
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 February 2015
Procedural Posture
Proposal Under the Bankruptcy and Insolvency Act / Application for Directions Regarding Access to Proofs of Claim and Related Valuations
Outcome
Application allowed
Legal Topics
Proofs of Claim, Disclosure of Estate Records, Trustee Valuation for Voting, Confidentiality and Implied Undertaking, Creditor Inspection Rights
Source Language
English
Bankruptcy and Insolvency Civil Procedure Evidence and Confidentiality Statutory Interpretation Proofs of Claim Disclosure of Estate Records Trustee Valuation for Voting Confidentiality and Implied Undertaking +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Adrenaline Drive Inc.

Applicant Creditor

Asian Concepts Franchising Corporation

Respondent Proposal Proponent / Debtor

Grant Thornton Limited

Trustee

Procedural Posture

Proposal Under the Bankruptcy and Insolvency Act / Application for Directions Regarding Access to Proofs of Claim and Related Valuations

Legal Issues

  1. 1 Whether a creditor who has filed a proof of claim is entitled to obtain copies (photocopies) of other creditors' proofs of claim and the trustee's valuations under s.126 and ss.26(2),(3) of the BIA
  2. 2 Whether Superintendent of Bankruptcy Directive No.17 affects entitlement to copies
  3. 3 Whether confidential or privileged material contained in proofs of claim must be protected from disclosure

Ratio Decidendi

A creditor who has filed a proof of claim is entitled to receive photocopies of other creditors' proofs of claim and the trustee's evaluations that relate to valuation for voting purposes; disclosure is subject to protection for privileged materials and an implied confidentiality undertaking limiting use to the bankruptcy proceedings, and the requesting creditor must identify the claims sought and pay the trustee's reasonable production costs.

Court Disposition

Application allowed

Orders

  • Adrenaline is entitled to obtain photocopies of the enumerated proofs of claim and the trustee's evaluations of those claims not protected by privilege
  • Adrenaline must identify the specific proofs of claim it requires