What is the effect of a debtor acting intentionally or in fraud of the law to favour one creditor over the other?

Manitoba, Canada


The following excerpt is from Andrews (Trustee of) v. Canada (Minister of National Revenue), 2011 MBQB 50 (CanLII):

As was stated in the case of Hudson v. Benallack, 1975 CanLII 158 (SCC), [1976] 2 S.C.R. 168, at p. 175: The object of the bankruptcy law is to ensure the division of the property of the debtor rateably among all his creditors in the event of his bankruptcy. .. The Act is intended to put all creditors upon an equal footing. Generally, until a debtor is insolvent or has an act of bankruptcy in contemplation, he is quite free to deal with his property as he wills and he may prefer one creditor over another but, upon becoming insolvent, he can no longer do any act out of the ordinary course of business which has the effect of preferring a particular creditor over other creditors. If one creditor receives a preference over other creditors as a result of the debtor acting intentionally and in fraud of the law, this defeats the equality of the bankruptcy laws.

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