C. The Role of the Official Receiver

• Author: Roderick J. Wood
• Profession: Faculty of Law. University of Alberta
• Pages: 235-236

Page 235

The official receiver is a federal government employee in the Office of the Superintendent of Bankruptcy. Each of the provinces constitutes one bankruptcy district, but some are further subdivided into bankruptcy divisions.¹³¹An official receiver is an officer of the court and performs the duties and responsibilities specified by the BIA and the General Rules.¹³²

The duties of the official receiver include:

· receiving assignment and associated documents in respect of voluntary bankruptcies;¹³³

· appointing trustees in voluntary bankruptcies;¹³⁴· reviewing surplus income calculations to determine if they are substantially in accordance with the applicable standards;¹³⁵

· receiving requests for mediation concerning surplus income disputes;¹³⁶· chairing the first meeting of creditors;¹³⁷

Page 236

· examining the debtor under oath as to the debtor’s conduct, the causes of the bankruptcy, and the disposition of the debtor’s property;¹³⁸ and

· receiving requests for mediation concerning the recommendations of the trustee.¹³⁹

[131] BIA, above note 4, s. 12(1).

[132] Ibid., s. 12(2).

[133] Ibid., s. 49(3).

[134] Ibid., s. 49(4).

[135] Ibid., s. 68(5).

[136] Ibid., s. 68(7).

[137] Ibid., s. 105(1).

[138] Ibid., s. 158(c).

[139] Ibid., s. 170.1(1).