C. The Role of the Official Receiver

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

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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

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· 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).

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