minicounsel


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.