Claims that Survive Bankruptcy and Problematic Discharges from Bankruptcy

SKU: 62485.04

Authors: Alex Mosaico, Daniel England, and Kimberly Stone

This paper provides an overview of the procedure and law regarding claims that survive bankruptcy under s 178(1) of the Bankruptcy and Insolvency Act and opposition to a bankrupt’s discharge from bankruptcy under sections 172.1 and 173. It also delves into the types of claims that survive bankruptcy, creditor opposition to discharge, tax debt that exceeds 75% of the unsecured debt, and applications for discharge when the trustee has been discharged.

This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency program in Edmonton on February 21, 2025.

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