F. Automatic Bankruptcy through Annulment of a Consumer Proposal

Author:Roderick J. Wood
Profession:Faculty of Law. University of Alberta
Pages:74-74
 
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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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