Can a discharge of the bankrupt or the trustee foreclose any action necessary to the full administration of the estate?
British Columbia, Canada
The following excerpt is from ICI Canada Inc. v. Bishop Holdings Ltd. et al, 2007 BCSC 635 (CanLII):
In Hutton v. Bitten, 2001 BCSC 209, McEwan J. agrees with Killeen J.’s reasoning. At para. 12, McEwan J. explains that it is clear on the authority of Gladstone that “neither the discharge of the bankrupt or the trustee can foreclose any action necessary to the ‘full administration of the estate’”.
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