Does a trustee or the bankrupt's estate have to guarantee a creditor's section 38 action?
Saskatchewan, Canada
The following excerpt is from Dubyk (Re), 2009 SKQB 426 (CanLII):
There is no suggestion in the Act or in case authority that a trustee or the bankrupt’s estate must guarantee a creditor’s section 38 action, and to hold otherwise runs contrary to the intent of this provision. (see: Penfold v. Provenzano, para. 18)
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