A creditor spouse brought a motion seeking to annul the bankrupt’s automatic discharge and to lift the bankruptcy stay to pursue equalization claims against the bankrupt’s pension.
The creditor argued she intended to oppose the discharge but was misinformed about the discharge date and had difficulty filing a proof of claim due to incomplete financial disclosure.
The court held that the Bankruptcy and Insolvency Act establishes strict statutory timelines and the creditor had received notice of the impending discharge on two occasions.
Because no notice of opposition was filed within the statutory period and prior claim disallowances were not appealed, the court found no basis to set aside the automatic discharge.
The motion was dismissed and costs were awarded to the trustee.
