Termination Flashcards

1
Q

Termination Methods

A
  1. Ordinary course discharge
  2. Appeal of bankruptcy order
  3. Annulment
  4. Recission of involuntary bankruptcy
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2
Q

Appeal of BR Order

A

Must be based on error of law (correctness standard)

BIA s183(2)

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3
Q

Annulment

A

Cour cannot stay a BR Order, but may annul. Creditors may apply for annulmnet on grounds of:
* Debtor not insolvent
* Abuse of process
* Debtor fraud
No time-barred, **stops but does not unwind **

(Wale)

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4
Q

Recission

A

Fundamental change in circumstances can halt proceedings (inheritance, lottery)

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