There’s something about adding the word “official” to a title that can intimidate a person right off their seat. This is often true with the Official Receiver (OR) in a bankruptcy, a participant in the bankruptcy process.
Sometimes, all it takes to knock the associated fear factor down a few notches is a better understanding. Let’s meet this individual and establish what role they stand to play in your bankruptcy.
Who Is An Official Receiver?
An Official Receiver is a government employee who works at the Office of the Superintendent of Bankruptcy. Each province in Canada is considered a district, made up of one or more Official Receivers. They are also an officer of the court whose specific duties extend into the Bankruptcy and Insolvency Act’s territory.
What Are The Official Receiver’s Responsibilities?
This civil servant is responsible for receiving documents filed in consumer proposals and bankruptcies. Acting as chair of the meeting of creditors, they examine a bankrupt’s conduct and the specific causes for bankruptcy if necessary.
Speaking broadly, the Official Receiver generally has little to no influence on your bankruptcy and most bankrupt individuals will never even make contact with them. All dealings with the OR are generally undertaken by your trustee.
If you have questions about how to file bankruptcy, including what role each stakeholder has in the process, contact an experienced bankruptcy trustee for more information.
If there is an issue with a trustee and his lawyer who are favouring a certain creditor would an Official Receiver play the role of a mediator?
If a trustee garnished 100% of a single mothers income who has 2 children what are my options? They filed a court order did not notify me properly (only by email)…one email. I was not able to attend due to a medical appointment.
Misrepresented the information on their court documents.
You’ll need to speak to a lawyer – you are describing things outside our area of expertise.
You certainly have the right to lodge a complaint with the Official Receiver to have the manner in which your bankruptcy has been administered reviewed. They won’t really mediate – they’ll investigate and suggest corrective measures if appropriate.