The court set aside a bankrupt's automatic discharge due to the trustee's inadvertent failure to file a notice of opposition.
The trustee in bankruptcy, Goldhar & Associates Ltd., brought a motion to annul Qui Thieu Mac’s discharge from bankruptcy, arguing that the discharge was granted due to inadvertence in failing to file a notice of opposition.
The court found that there was a bona fide error, that opposition would have been filed but for the error, and that a discharge hearing would likely have led to a different result given the facts proven under section 173(1) of the Bankruptcy and Insolvency Act.
The court exercised its discretion to set aside the absolute discharge and granted the trustee’s motion.
The court adjourned a motion to annul an automatic bankruptcy discharge for lacking legal submissions.
The Trustee in Bankruptcy, Goldhar & Associates Ltd., brought a motion to annul the automatic discharge of Qui Thieu Mac, a second-time bankrupt.
The Trustee intended to oppose the discharge due to prior bankruptcy, failure to provide income statements, and gambling contributing to the bankruptcy, but failed to file the opposition notice and report due to inadvertence.
The court noted the Trustee's lack of legal submissions and specific BIA sections relied upon for annulment.
The motion was adjourned sine die, requiring the Trustee to provide proper legal submissions addressing applicable BIA sections (e.g., 187(5), 187(9)) and relevant jurisprudence.
