Termination Flashcards
1
Q
Termination Methods
A
- Ordinary course discharge
- Appeal of bankruptcy order
- Annulment
- Recission of involuntary bankruptcy
2
Q
Appeal of BR Order
A
Must be based on error of law (correctness standard)
BIA s183(2)
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)
4
Q
Recission
A
Fundamental change in circumstances can halt proceedings (inheritance, lottery)