B.C. Court Refuses to Grant Potential Defendant Standing to Resist Section 38 Application

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B.C. Court Refuses to Grant Potential Defendant Standing to Resist Section 38 Application

Author(s): LeGeyt, David, Mann, David

Date: March 31 2009

In Re: IC Creative Homes Inc. (2005) Carswell BC 3157 (Master) the Bankruptcy Court had previously granted an order under section 38 of the BIA allowing a creditor of the bankrupt to commence proceedings against the bankrupt’s accounting and business advisor for alleged misconduct and negligence relating to the operations of the bankrupt prior to its bankruptcy.

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