Is there any conflict between the interests of the assignees of the bankrupt's claim and all other creditors?
British Columbia, Canada
The following excerpt is from Re IC Creative Homes Inc., 2005 BCSC 1793 (CanLII):
In McCracken v. Saunders (supra) Spencer J. had the following to say on this point at paragraph 4: Finally, if there are potential conflicts between the interests of the petitioners as assignees of the bankrupt’s claim and the interests of all other creditors because of the possibility of the petitioners setting off against their recovery the amount of any counterclaim found against them, that conflict can be dealt with during the conduct of the action itself.
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