The general rule in bankruptcy is that a debtor receives a âfresh startâ and is discharged from prior debts, but this is subject to certain exceptions. Subsection 178(1) of the Bankruptcy and Insolvency Act (BIA) sets out eight classes of debts that are not released by an order of discharge including an exception for debts that arise out of fraud. In Poonian v. British Columbia (Securities Commission) the Supreme Court of Canada adopted a narrower interpretation of whether a claim…
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In brief The High Court has confirmed the decisions of the NSW Supreme Court and Court of Appeal,…
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