Stephen Bayley

This endorsement concerns a hearing regarding the bankruptcy of Yen Thi Duong and 18960088 Ontario Inc. The court accepted a proposed release plan for Ms. Duong, with the consent of the Trustee in Bankruptcy and the Office of the Superintendent of Bankruptcy.

The release was granted subject to specific terms, including Ms. Duong's adult daughter acting as surety, posting a $10,000 performance bond, surrender of Ms. Duong's passport, compliance with obligations under section 158 of the Bankruptcy and Insolvency Act, and attendance for examination under section 163 of the Bankruptcy and Insolvency Act.

The court directed Ms. Duong's release from custody upon fulfillment of the bond and passport surrender.

This motion addressed whether a joint consumer proposal is annulled when one of the debtors files for bankruptcy.

Nickolas James Crepeau and Sarah Jane Crepeau filed a joint consumer proposal.

Mrs. Crepeau subsequently faced financial difficulties and intended to file for bankruptcy.

The Administrator and Mr. Crepeau sought to continue the proposal for Mr. Crepeau.

The Office of the Superintendent of Bankruptcy (OSB) argued that Mrs. Crepeau's bankruptcy would automatically annul the entire joint proposal.

The court ruled that an assignment in bankruptcy by any debtor in a joint consumer proposal annuls the entire proposal, regardless of the other debtor's ability or desire to continue payments.

The motion brought by the Administrator and Mr. Crepeau was dismissed.