What is the test for assigning a bankrupt into bankruptcy to avoid the payment of a judgment?
Alberta, Canada
The following excerpt is from Jean (Re), 2011 ABQB 63 (CanLII):
The leading case on this issue is Kozack v. Richter 1973 CanLII 166 (SCC), [1974] S.C.R. 832. In that case the bankrupt had assigned himself into bankruptcy to avoid the payment of a judgment resulting from an automobile accident. The court found that the bankrupt had been grossly negligent in causing the accident and directed that he pay 50% of the debt owing.
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