Can an undischarged bankrupt maintain an action for damages on a contract for personal services entered into before bankruptcy?

Manitoba, Canada


The following excerpt is from Wallace v. United Grain Growers Ltd., 1992 CanLII 13050 (MB QB):

At p. 530 reference is made to Cohen v. Mitchell and to s. 67 of the Bankruptcy Act which is now s. 99: "The section as it stands now, however, places both real and personal after— acquired property on the same footing. It applies to after—acquired leaseholds, to a legacy and a share and a residue under a will, and to a chose in action. Consequently, until the trustee intervenes, an undischarged bankrupt can maintain an action with respect to after—acquired prop— erty; an action for damages on a contract for personal services entered into before bankruptcy, ...'"

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