Can a dividend be paid within the bankruptcy proceedings?
Ontario, Canada
The following excerpt is from Ross v. Ross, 2014 ONSC 1828 (CanLII):
The approach to be taken in these circumstances was considered in Benson v. Benson, 2009 CanLII 14384, [2009] O.J. No. 1309. In that case, it was determined that, provided leave is obtained to lift the stay of proceedings before the bankrupt is discharged, it is open to the court to order that a dividend be paid within the bankruptcy proceedings. Such an order would also require a reference to determine the amount of the equalization value still owing.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a solicitor whose retainer is established in the particular proceedings have to bind his client by compromise of the proceedings? (Ontario, Canada)
Does a finding of fact made on an interlocutory finding in a separate judicial proceeding engage in issue estoppel in a subsequent proceeding? (Ontario, Canada)
What is the test for a parent to proceed in a child protection proceeding? (Ontario, Canada)
Can a delay in extradition proceedings apply to s. 11(b) of the Charter of Rights to be tried within a reasonable time? (Ontario, Canada)
If a foreign jurisdiction clause has been agreed to between parties to a domestic proceeding, can the court stay the domestic proceeding? (Ontario, Canada)
Can a court refuse to certify a proceeding as a class proceeding solely on any of the following grounds? (Ontario, Canada)
In what circumstances will a court order that an earlier proceeding be stayed until the completion of the later proceeding is completed? (Ontario, Canada)
What is the scope of the Attorney General's in rem proceedings under the Proceeds and Instruments of Unlawful Commerce Act? (Ontario, Canada)
What is the test for repudiating a dividend? (Ontario, Canada)
What is the test for a stay of proceedings under the Limitations Act? (Ontario, Canada)
