|
|
|
|
|
|
Determination
of classes
|
(7) The court may, on application made at
any time after the proposal is filed, determine
the classes of claims of landlords and the class
into which any particular landlord's claim
falls.
|
|
Section 146
not affected
|
(8) Nothing in subsections (1) to (7) affects
the operation of section 146 in the event of
bankruptcy.
|
|
|
43. The Act is amended by adding the
following after section 65.2:
|
|
Lease
disclaimer
where tenant
is a bankrupt
|
65.21 Where, in respect of a proposal
concerning a bankrupt person who is a
commercial tenant under a lease of real
property, the tenant's lease has been
surrendered or disclaimed in the bankruptcy
proceedings, subsections 65.2(3) to (7) apply
in the same manner and to the same extent as
if the person was not a bankrupt but was an
insolvent person in respect of which a
disclaimer referred to in those subsections
applies.
|
|
Bankruptcy
after court
approval
|
65.22 Where an insolvent person who has
disclaimed a lease under subsection 65.2(1)
becomes bankrupt after the court approval of
the proposal and before the proposal is fully
performed, any claim of the landlord in
respect of losses resulting from the disclaimer,
including any claim for accelerated rent, shall
be reduced by the amount of compensation
paid under the proposal for losses resulting
from the disclaimer.
|
|
|
44. Subsection 66(2) of the Act is replaced
by the following:
|
|
Effect of
Companies'
Creditors
Arrangement
Act
|
(2) Notwithstanding the Companies'
Creditors Arrangement Act,
|
|
|
|
|
|
|
|
1992, c. 27, s.
32(1)
|
45. The definition ``consumer debtor'' in
section 66.11 of the Act is replaced by the
following:
|
|
``consumer
debtor'' « débiteur consommateu r »
|
``consumer debtor'' means a natural person
who is bankrupt or insolvent and whose
aggregate debts, excluding any debts
secured by the person's principal residence,
do not exceed seventy-five thousand dollars
or such other maximum as is prescribed;
|
|
|
46. (1) Section 66.12 of the Act is amended
by adding the following after subsection (1):
|
|
Dealing with
certain
consumer
proposals
together
|
(1.1) Two or more consumer proposals may,
in such circumstances as are specified in
directives of the Superintendent, be dealt with
as one consumer proposal where they could
reasonably be dealt with together because of
the financial relationship of the consumer
debtors involved.
|
|
|
(2) Subsection 66.12(6) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (a), by adding the
word ``and'' at the end of paragraph (b) and
by adding the following after paragraph
(b):
|
|
|
|
|
1992, c. 27, s.
32(1)
|
47. Subparagraph 66.14(b)(iv) of the Act
is replaced by the following:
|
|
|
|
|
1992, c. 27, s.
32(1)
|
48. (1) Subsection 66.15(1) of the Act is
replaced by the following:
|
|
Meeting of
creditors
|
66.15 (1) The official receiver may, at any
time within the forty-five day period
following the filing of the consumer proposal,
direct the administrator to call a meeting of
creditors.
|
|
1992, c. 27, s.
32(1)
|
(2) Paragraph 66.15(2)(b) of the Act is
replaced by the following:
|
|
|
|
|
1992, c. 27, s.
32(1)
|
49. Section 66.17 of the Act is replaced by
the following:
|
|
Creditor may
indicate assent
or dissent
|
66.17 (1) Any creditor who has proved a
claim may indicate assent to or dissent from
the consumer proposal in the prescribed
manner to the administrator at or prior to a
meeting of creditors, or prior to the expiration
of the forty-five day period following the
filing of the consumer proposal.
|
|
Effect
|
(2) Any dissent received by the
administrator prior to the expiration of the
forty-five day period mentioned in subsection
(1) is deemed to be a request for a meeting of
creditors for the purpose of paragraph
66.15(2)(b), and any assent or dissent received
by the administrator at or prior to a meeting of
creditors has effect as if the creditor had been
present and had voted at the meeting.
|
|
1992, c. 27, s.
32(1)
|
50. Subsection 66.18(1) of the Act is
replaced by the following:
|
|
Where
consumer
proposal
deemed
accepted
|
66.18 (1) Where, at the expiration of the
forty-five day period following the filing of
the consumer proposal, no obligation has
arisen under subsection 66.15(2) to call a
meeting of creditors, the consumer proposal is
deemed to be accepted by the creditors.
|
|
1992, c. 27, s.
32(1)
|
51. Section 66.22 of the Act is replaced by
the following:
|
|
Application to
court
|
66.22 (1) Where a consumer proposal is
accepted or deemed accepted by the creditors,
the administrator shall, if requested by the
official receiver or any other interested party
within fifteen days after the day of acceptance
or deemed acceptance, forthwith apply to the
court to have the consumer proposal
reviewed.
|
|
Where
consumer
proposal
deemed
approved by
court
|
(2) Where, at the expiration of the fifteenth
day after the day of acceptance or deemed
acceptance of the consumer proposal by the
creditors, no obligation has arisen under
subsection (1) to apply to the court, the
consumer proposal is deemed to be approved
by the court.
|
|
1992, c. 27, s.
32(1)
|
52. (1) Paragraph 66.23(a) of the Act is
replaced by the following:
|
|
|
|
|
1992, c. 27, s.
32(1)
|
(2) Paragraph 66.23(c) of the Act is
replaced by the following:
|
|
|
|
|
|
53. The Act is amended by adding the
following after section 66.25:
|
|
Where
periodic
payments not
provided for
|
66.251 Where a proposal is approved or
deemed approved by the court and the terms
of the proposal do not provide for the
distribution of available moneys at least once
every three months, the administrator shall
forthwith, upon ascertaining any change in the
consumer debtor's circumstances that could
jeopardize the consumer debtor's ability to
meet the terms of the proposal, in writing,
notify the official receiver and every known
creditor of the change.
|
|
1992, c. 27, s.
32(1)
|
54. (1) Subsection 66.26(1) of the Act is
replaced by the following:
|
|
Payments to
administrator
|
66.26 (1) All moneys payable under the
consumer proposal shall be paid to the
administrator and, after payment of all fees
and expenses mentioned in paragraph
66.12(6)(b), the administrator shall distribute
available moneys to the creditors in
accordance with the terms of the consumer
proposal.
|
|
1992, c. 27, s.
32(1)
|
(2) Subsection 66.26(2) of the French
version of the Act is replaced by the
following:
|
|
Dépôt
|
(2) Dans les cas prévus par les instructions
du surintendant et avec l'approbation de
celui-ci, l'administrateur peut déposer les
montants relatifs à l'administration des
propositions de consommateur dans un même
compte en fiducie ou en fidéicommis.
|
|
1992, c. 27, s.
32(1)
|
55. Paragraphs 66.27(a) and (b) of the Act
are replaced by the following:
|
|
|
|
|
|
|
|
1992, c. 27, s.
32(1)
|
56. Subsection 66.3(4) of the Act is
replaced by the following:
|
|
Notification
of annulment
|
(4) Where an order annulling the consumer
proposal of a consumer debtor who is not a
bankrupt has been made pursuant to this
section, the administrator shall forthwith so
inform the creditors and file a report thereof in
the prescribed form with the official receiver.
|
|
Annulment
effect
|
(5) Where a consumer proposal made by a
bankrupt is annulled,
|
|
|
|
|
|
|
|
|
|
|
1992, c. 27, s.
32(1)
|
57. Subsection 66.35(1) of the Act is
replaced by the following:
|
|
Assignment of
wages
|
66.35 (1) An assignment of existing or
future wages made by a consumer debtor
before the filing of a consumer proposal is of
no effect in respect of wages earned after the
filing of the consumer proposal.
|
|
|
58. Section 66.4 of the Act is renumbered
as subsection 66.4(1) and is amended by
adding the following:
|
|
Where
consumer
debtor is
bankrupt
|
(2) Where a consumer proposal is made by
a consumer debtor who is a bankrupt,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1992, c. 27, s.
33
|
59. (1) Paragraph 67(1)(b) of the Act is
replaced by the following:
|
|
|
|
|
|
|
|
Application
|
(2) Subsection (1) applies to bankruptcies
in respect of which proceedings are
commenced after that subsection comes
into force.
|
|
1992, c. 27, s.
34
|
60. (1) Section 68 of the Act is replaced by
the following:
|
|
Directives re
standard of
living factors
|
68. (1) The Superintendent shall, by
directive, establish in respect of the provinces
or one or more bankruptcy districts or parts of
bankruptcy districts, the standards for
determining the portion of the total income of
a bankrupt that exceeds that which is
necessary to enable the bankrupt to maintain
a reasonable standard of living.
|
|
Definition of
``total
income''
|
(2) For the purposes of subsection (1),
``total income'' includes, notwithstanding
paragraph 67(1)(b), all revenues of an
individual of whatever nature or source.
|
|
Trustee to fix
amount to be
paid
|
(3) The trustee shall
|
|
|
|
|
|
|
|
|
|
|
Modification
by trustee
|
(4) The trustee may, at any time, amend an
amount fixed under subsection (3) to take into
account material changes that have occurred
in the personal or family situation of the
bankrupt.
|
|
Official
receiver
recommendati
on
|
(5) Where the official receiver determines
that the amount required to be paid by the
bankrupt under subsection (3) or (4) is
substantially not in accordance with the
applicable standards established under
subsection (1), the official receiver shall
recommend to the trustee and to the bankrupt
an amount required to be paid that the official
receiver determines is in accordance with the
applicable standards.
|
|
Trustee may
request
mediation
|
(6) Where the trustee and the bankrupt are
not in agreement with the amount that the
bankrupt is required to pay under subsection
(3) or (4), the trustee shall, forthwith, in the
prescribed form, send to the official receiver
a request that the matter be determined by
mediation and send a copy of the request to the
bankrupt.
|
|
Creditor may
request
mediation
|
(7) On the request in writing of a creditor
made within thirty days after the date of
bankruptcy or an amendment referred to in
subsection (4), the trustee shall, within the five
days following the thirty day period, send to
the official receiver a request in the prescribed
form that the matter of the amount the
bankrupt is required to pay under subsection
(3) or (4) be determined by mediation and send
a copy of the request to the bankrupt and the
creditor.
|
|
Mediation
procedure
|
(8) A mediation shall be in accordance with
prescribed procedures.
|
|
File
|
(9) Documents contained in a file on the
mediation of a matter under this section form
part of the records referred to in subsection
11.1(2).
|
|
Court
determination
|
(10) Where
|
|
|
|
|
|
|
|
|
|
|
|
the trustee may, or on the request of the
inspectors, any of the creditors or the official
receiver shall, apply to the court for the
hearing of the matter, and the court may, on the
hearing, in accordance with the standards
established under subsection (1) and having
regard to the personal and family situation of
the bankrupt, by order, fix the amount that the
bankrupt is required to pay to the estate of the
bankrupt.
|
|
Modification
of order
|
(11) On the application of any interested
person, the court may, at any time, amend an
order made under subsection (10) to take into
account material changes that have occurred
in the personal or family situation of the
bankrupt.
|
|
Default by
other person
|
(12) An order of the court made under this
section may be served on a person from whom
the bankrupt is entitled to receive money and
in such case if the person fails to comply with
the terms of the order, the court may, on the
application of the trustee, order the person to
pay the trustee the amount of money that the
estate of the bankrupt would have received
had the person complied with the terms of the
order.
|
|
Fixing fair
and
reasonable
remuneration
in the case of
related
persons
|
(13) For the purposes of this section, the
court may fix an amount that is fair and
reasonable
|
|