Registrar in Bankruptcy lacks jurisdiction to hear opposed motion for leave to assign estate into bankruptcy.
The Trustee in Bankruptcy moved for leave under s. 49(1) of the Bankruptcy and Insolvency Act to assign the Testamentary Estate of Guery Rinaldo Goyo into bankruptcy.
A judgment creditor opposed the motion.
The Registrar in Bankruptcy determined that under s. 192 of the BIA, a Registrar lacks jurisdiction to hear an opposed motion for leave to assign a testamentary estate into bankruptcy.
The motion was referred to a Superior Court Justice.
