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- Irwin Law: Bankruptcy and Insolvency Law (First Edition)
- Part One - Bankruptcy Law
- Chapter 3 - Commencement of Bankruptcy
F. Automatic Bankruptcy through Annulment of a Consumer Proposal
Author | Roderick J. Wood |
Profession | Faculty of Law. University of Alberta |
Pages | 74-74 |
Page 74
A failure of a consumer proposal caused by its non-approval by the creditors does not result in an automatic bankruptcy. Instead, the stay of proceedings comes to an end and the creditors are free to exercise their remedies against the debtor and the debtor’s property.175However, an annulment by a court of a consumer proposal will result in an automatic bankruptcy of the debtor. The bankruptcy is deemed to occur on the date of the annulment.176
[175] Ibid., s. 69.2(1).
[176] Ibid., s. 66.3(5)(a).
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Request your trial- Part One - Bankruptcy law
- Chapter 3 - Commencement of bankruptcy
- A. Eligible Persons
- B. Consolidation of Proceedings
- C. Involuntary Bankruptcy
- D. Voluntary Bankruptcy
- E. Automatic Bankruptcy through Failure of a Commercial Proposal
- F. Automatic Bankruptcy through Annulment of a Consumer Proposal
- G. Termination of Bankruptcy Proceedings
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