Every week, experts Hon. Lloyd Houlden and Geoffrey Morawetz provide readers with valuable insights into bankruptcy and insolvency law by discussing some of the leading cases in their field.

The newsletter is best used to supplement their authoritative Bankruptcy and Insolvency Law of Canada, available online in InsolvencySource and in print (a 4-volume looseleaf service).

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July 26, 2010

• In Decker Estate (Trustee of) v. Alberta (Superintendent of Bankruptcy) (2010), 2010 CarswellAlta 1077 (Alta. C.A.), the Alberta Court of Appeal considered the situation when a trustee is discharged but the bankrupt is not. An administrative gap is created. The court held that a creditor with a proven claim remains eligible to share in subsequent distributions, without regard to provincial limitations legislation.

See Houlden & Morawetz, Bankruptcy and Insolvency Law of Canada:

C§132 — Reappointment of Trustee

F§119 — Taking of Proceedings Without Leave Once Trustee Discharged

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