Is there any evidence of intent to dispose of a debtor’s assets in a bankruptcy proceeding?

British Columbia, Canada


The following excerpt is from Pan-Atlas Financial Group, Ltd. (Re), 2008 BCSC 1198 (CanLII):

As well, where the necessary effect of the disposition is to “defeat, hinder or delay the creditors” such would be evidence of the intention to do so: Bank of Montreal v. Kelliher, (1980) 36 C.B.R. (N.S.) 205.

Other Questions


Can a debtor who is discharged from bankruptcy provide a promissory note in order to secure payment of moneys owing to the debtor prior to his discharge from bankruptcy? (British Columbia, Canada)
Can evidence of fraudulent intent and fraudulent intent impeach a transfer for good consideration? (British Columbia, Canada)
When a spouse's assets are not family assets, is one of the spouses entitled to an equal division of assets? (British Columbia, Canada)
What is the current state of the law in Canada when it comes to rationalizing the subjective evidence of the parties' intentions with objective evidence? (British Columbia, Canada)
What is the effect of an injunction restraining the wife from selling, disposing of or voting her shares in a company to effect a sale or disposal of the assets of the company? (British Columbia, Canada)
Can a party not to proceed if no step has been taken for a year until after they file a notice of intention to proceed? (British Columbia, Canada)
Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
Is a husband's contribution to a business considered a family asset in determining if the business asset is a business asset? (British Columbia, Canada)
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds? (British Columbia, Canada)
What is the final asset to be considered as a family asset? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.