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Bankruptcy and insolvency 2020 BCSC 1438

Tasci (Re)

The court dismissed an application to set aside a s. 38 Bankruptcy and Insolvency Act order authorizing a creditor to commence proceedings in the bankrupt’s name.

  • S.38 bia leave to commence proceedings
  • Standing to challenge s.38 order
  • Hearsay in interlocutory affidavits
  • Lawyer swearing and speaking to own affidavit
  • Short leave/ex parte procedure
  • Fraudulent preference and fraudulent transfer claims
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