Part 2: Chasing Debtors and Fraudsters: Avoiding the Pitfalls of a Potential Bankruptcy in Claims Involving Fraud

March 27, 2023


As we discussed in the first article in this series, due to the application of the Bankruptcy and Insolvency Act (Canada) (the BIA), bankrupt debtors receive protection from creditors’ claims, with claims typically being extinguished upon a debtor’s discharge from bankruptcy. This article continues the discussion of how creditors can protect against or minimize a bankruptcy’s impact on their debt collection by pleading, where appropriate, in a way that will allow their claim to survive a bankrupt’s discharge under section 178 of the BIA.

Click Here to Read Part One

This article was originally published by Law360 Canada, part of LexisNexis Canada Inc.