Re Hoff (Bankrupt), 2003 ABQB 300 Date: 2003 04 02 Action No. Bk03 84732 IN THE COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON IN THE MATTER OF THE BANKRUPTCY OF JANE NATALIE HOFF _______________________________________________________ MEMORANDUM OF DECISION of W. J. QUINN , Registrar in Bankruptcy _______________________________________________________ APPEARANCES: Paul A. Pope C.A. CIRP Deloitte & Touche Inc. Trustee Ms. Brenda Stothert-Kennedy for Jane Natalie Hoff

[ 1 ] The issue to be determined is whether a bequest to the bankrupt from her grandmother should be paid to the bankrupt or to her trustee. [ 2 ] The bankrupt’s grandmother died July 5, 2001. The bankrupt was not discharged at that date. [ 3 ] A conditional order of discharge had been granted to the bankrupt on May 15, 2001 but the bankrupt had not complied with or fulfilled the condition of that order until October 25, 2001. [ 4 ] Since the bankrupt had not complied with or fulfilled the conditional order, and was not discharged on July 5, 2001, the grandmother’s bequest should be paid to the bankrupt’s trustee. [ 5 ]

Section 67.1(

c) of the Bankruptcy and Insolvency Act provides that the property of a bankrupt divisible among his creditors shall comprise: all property of the bankrupt at the date of his bankruptcy or that may be acquired by or devolve on him before his discharge. [ 6 ] The trustee submits, and I agree, that the case of Gray, Re , 67 C.B.R. (N.S.) 161 governs the present case. [ 7 ] The head note of that case states: When an order of discharge is granted subject to terms or conditions under s. 142(1) (now s. 172(1), the bankrupt is not discharged until the terms and conditions have been complied with and fulfilled.

Any interest in property that may be acquired by the bankrupt after an order of discharge subject to a condition but before satisfaction of the condition, vest in the trustee. ... HEARD on the 10 th day of December, 2002. DATED at Edmonton, Alberta this 2 nd day of April, 2003. __________________________ W. J. QUINN Registrar in Bankruptcy