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DEBTS NOT RELEASED BY ORDER OF DISCHARGE
Section 178
(1) Debts not released by order of discharge - An order of discharge does not release the bankrupt from |
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a) |
any fine, penalty, restitution order or other order similar in
nature to a fine, penalty or restitution order, imposed by a court in
respect of an offence, or any debt arising out of a recognizance or
bail; |
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a.1 |
any award of damage by a court in civil proceedings in respect of
(i) bodily harm intentionally inflicted, or sexual assault, or
(ii) wrongful death resulting therefrom; |
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b) |
any debt or liability for alimony; |
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c) |
any debt or liability under a support, maintenance or affiliation
order or under an agreement for maintenance and support of a spouse or
child living apart from the bankrupt; |
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d) |
any debt or liability arising out of fraud, embezzlement,
misappropriation or defalcation while acting in a fiduciary capacity; |
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e) |
any debt or liability for obtaining property by false pretenses or
fraudulent misrepresentation; |
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f) |
liability for the dividend that a creditor would have been entitled
to receive on any provable claim not disclosed to the trustee, unless
the creditor had notice or knowledge of the bankruptcy and failed to
take reasonable action to prove his claim, or |
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g) |
any debt or obligation in respect of a loan made under the Canada
Student Loans Act, the Canada Student Financial Assistance Act or any
enactment of a province that provides for loans or guarantees of loans
to students where the date of bankruptcy of the bankrupt occurred
(i) before the date on which the bankrupt ceased to be a full- or
part-time student, as the case may be, under the applicable Act or
enactment, or
(ii) within ten years after the date on which the bankrupt ceased
to be a full- or part-time student; or |
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h) |
any debt for interest owed in relation to an amount referred to in
any of paragraphs (a) to (g). |
(1.1) Court may order non-application of subsection(1) - At any time after ten years after a bankrupt who has a debt
referred to in paragraph (1)(g) ceases to be a full- or part-time
student, as the case may be, under the applicable Act or enactment,
the court may, on application, order that subsection (1) does not
apply to the debt if the court is satisfied that |
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a) |
the bankrupt has acted in good faith in connection with the
bankrupt's liabilities under the loan; and |
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b) |
the bankrupt has and will continue to experience financial
difficulty to such an extent that the bankrupt will be unable to pay
the liabilities under the loan. |
| (2) |
Claims released - Subject to subsection (1), an order of discharge
releases the bankrupt from all claims provable in bankruptcy. |
