Form 68—Notice of Bankruptcy, First Meeting of Creditors

PDF version

Form 68

278 KB, 2 pages

(Subsection 102(1) of the Act)

(Where the bankrupt is an individual, add:)

and Impending Automatic Discharge of Bankrupt(Paragraph 168.1(4) and section 168.2 of the Act)


(Title Form 1)

Check here if this is an original Original Check here if this is an amended version Amended

Take notice that:

  1. space to insert name of bankrupt (name of bankrupt) filed (or was deemed to have filed) an assignment (or a bankruptcy order was made against space to insert name of bankrupt (name of bankrupt)) on space to insert date (YYYY/MM/DD) (date) and the undersigned, space to insert name of trustee (name of trustee), was appointed as trustee of the estate of the bankrupt by the official receiver (or the Court); subject to affirmation by the creditors of the trustee’s appointment or substitution of another trustee by the creditors.
  2. The first meeting of creditors of the bankrupt will be held on space to insert date of meeting of creditors (YYYY/MM/DD) (date) at space to insert time of day (meeting) (time) at space to insert location of meeting (location of meeting) or space to insert details of electronic or digital means of communication, e.g., teleconference number, etc. (insert details of electronic or digital means of communication, e.g., teleconference number, etc.).
  3. To be entitled to vote at the meeting, a creditor must file with the trustee, before the meeting, a proof of claim and, where necessary, a proxy.
  4. Enclosed with this notice are a proof of claim form, proxy form and list of creditors with claims amounting to $25 or more showing the amounts of their claims.
  5. Creditors must prove their claims against the estate of the bankrupt to share in any distribution of the proceeds realized from the estate.

(Where the bankrupt is an individual, include paragraphs 6, 7, 8, 9, and 10)

  1. Included pursuant to subsection 102(3) of the Act is information concerning the financial situation of the bankrupt and the obligation of the bankrupt to make payments to the estate of the bankrupt, as required under section 68 of the Act.
  2. Pursuant to section 168.1 of the Act, the bankrupt will be given an automatic discharge on the space to insert day of month day of space to insert month space to insert year, unless the Superintendent of Bankruptcy, the trustee of the estate of the bankrupt or a creditor of the bankrupt gives notice of intended opposition to the discharge of the bankrupt before that date.

    (Check appropriate provision in respect of the bankrupt’s discharge)

    In the case of an individual who has never before been bankrupt:
    Check here if an individual who has never before been bankrupt on the expiry of 9 months after the date of bankruptcy on the expiry of 9 months after the date of bankruptcy;
    Check here if an individual who has never before been bankrupt on the expiry of 21 months after the date of bankruptcy on the expiry of 21 months after the date of bankruptcy where the bankrupt is required to make payments under section 68 of the Act to the estate.

    In the case of an individual who has been a bankrupt one time before:
    Check here if an individual has been a bankrupt one time before on the expiry of 24 months after the date of bankruptcy on the expiry of 24 months after the date of bankruptcy;
    Check here if an individual has been a bankrupt one time before on the expiry of 36 months after the date of bankruptcy on the expiry of 36 months after the date of bankruptcy where the bankrupt is required to make payments under section 68 of the Act to the estate.
  3. Any creditor who intends to oppose the discharge of the bankrupt shall state in writing the grounds for his/her opposition and send a notice to this effect to the division office of the OSB, the trustee of the estate of the bankrupt and the bankrupt at any time before the space to insert day of month day of space to insert month space to insert year. (Insert the same date as in item 7)
  4. If any creditor opposes the discharge of the bankrupt, a court fee applies.
  5. If the discharge of the bankrupt is opposed, the trustee will apply to the Court without delay for an appointment for the hearing of the opposition in the manner prescribed by the Act unless it is a matter to be dealt with by mediation pursuant to section 170.1 of the Act.

space to insert location of meeting (Location) space to insert date (YYYY/MM/DD) (Date YYYY/MM/DD)

space to insert signature of Licensed Insolvency Trustee
Licensed Insolvency Trustee

Note:

If a copy of this form is sent electronically by means such as email, the name and contact information of the sender, prescribed in Form 1.1, must be added at the end of the document.