Is there any conflict between the interests of the assignees of the bankrupt's claim and all other creditors?

British Columbia, Canada


The following excerpt is from Re IC Creative Homes Inc., 2005 BCSC 1793 (CanLII):

In McCracken v. Saunders (supra) Spencer J. had the following to say on this point at paragraph 4: Finally, if there are potential conflicts between the interests of the petitioners as assignees of the bankrupt’s claim and the interests of all other creditors because of the possibility of the petitioners setting off against their recovery the amount of any counterclaim found against them, that conflict can be dealt with during the conduct of the action itself.

Other Questions


Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a creditor of a bankrupt set off an unliquidated claim for damages suffered in a motor vehicle accident against a debt owing by the bankrupt? (British Columbia, Canada)
Does a shareholder of a bankrupt corporation have priority over all other creditors of the bankrupt corporation? (British Columbia, Canada)
Is there any distinction between damages for the taking of a Crown grant mineral claim which is a chattel and damages for taking a Crown Grant mineral claim that is a interest in land? (British Columbia, Canada)
Does a judgment in rem with respect to a claim to a interest in land stand against an interested person who was denied an opportunity to be heard? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
In a personal injury claim for housekeeping services provided by a close friend, does the claim need to be reviewed carefully? (British Columbia, Canada)
Can a counsel of record be removed from the record because of a conflict of interest? (British Columbia, Canada)
What is the difference between moral claims and moral claims? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.