Conservatory Measures
What is a conservatory measure?
The Superintendent of Bankruptcy puts in place conservatory measures when a bankruptcy or insolvency estate needs protection. It might be in cases of Licensed Insolvency Trustee (LIT) malfeasance or if serious wrongdoing on the part of a LIT puts estate files at risk. Conservatory measures may also be put in place if a LIT becomes ill or dies without a valid succession agreement. Finally, conservatory measures may be put in place if a LIT, for whatever reason, has allowed the administration of his or her practice to become substandard.
Canada
In the matter of :
John Lukca
J. Lukca & Associés inc.
Modification of Directions for Conservatory Measures
(Section 14.03 of the Bankruptcy and Insolvency Act)
Whereas the Bankruptcy and Insolvency Act (the Act) provides the Superintendent of Bankruptcy (the Superintendent) with the general power to supervise the administration of all estates and matters to which the Act applies;
Whereas John Lukca is the holder of an individual trustee licence;
Whereas J. Lukca & Associés inc. is the holder of a corporate trustee licence;
Whereas the Superintendent of Bankruptcy may, in order to protect estates, exercise the powers set out in subsection 14.03(1) of the Act, under the circumstances anticipated in subsection 14.03(2) of the Act;
Whereas, on , Marie Tardif, a person to whom the Superintendent had delegated the Superintendent's powers as specified at subsection 14.03(1) of the Act, issued certain directions for conservatory measures to:
The Bank of Montreal, branch located at 630 René-Lévesque Boulevard West, Montréal, Quebec H3B 1S6:
- to make no debit, payment or transfer of funds credited to the estate accounts administered by J. Lukca & Associés inc. and listed in Appendix A without the co-signature of Ms. Patricia Couture or Mr. Roger Rousselle or Mr. François Leblanc, in addition to that of Ms. Rochelle Pont Budd or Mr. John Lukca;
- to not pay out of these same accounts any bills of exchange, cheques, bank drafts, certificates of deposit, or other such instruments that may have been issued prior to receipt of these directions but are presented for payment after receipt of these directions, unless said cheques, bills of exchange or bank drafts have been co-signed by Ms. Patricia Couture or Mr. Roger Rousselle or Mr. François Leblanc, in addition to Ms. Rochelle Pont Budd or Mr. John Lukca;
Those directions took effect on , and were to remain in effect until the trustees corrected their deficiencies or until further notice;
Whereas, since the issue of those directions, Ms. Rochelle Pont Budd has ceased to be an associate of J. Lukca & Associés inc.;
Whereas the Superintendent of Bankruptcy has delegated to me, Robert Massé, Assistant Superintendent, Trustee Compliance, in accordance with subsection 14.01(2) of the Act, in certain situations mentioned in subsection 14.03(2), the Superintendent's powers as specified at subsection 14.03(1) of the Act;
Whereas, on I the undersigned, modified the conservatory measures of , to the Bank of Montreal, branch located at 630 René-Lévesque Boulevard West, Montréal, Quebec H3B 1S6;
I, the undersigned, Robert Massé, Assistant Superintendent, Trustee Compliance, modify the conservatory measures of , and , to the Bank of Montreal, branch located at 630 René-Lévesque Boulevard West, Montréal, Quebec H3B 1S6, as follows:
- to make no debit, payment or transfer of funds credited to the estate accounts administered by J. Lukca & Associés inc. without the co-signature of Ms. Patricia Couture or Mr. François Leblanc or Ms. Linda Blaney or Mr. Gilles Normand Lavallée or Ms. Johanne Picard or Ms. Alona Chemtob, in addition to that of Mr. John Lukca;
- to not pay out of these same accounts any bills of exchange, cheques, bank drafts, certificates of deposit, or other such instruments that may have been issued prior to receipt of these directions but are presented for payment after receipt of these directions, unless said cheques, bills of exchange or bank drafts have been co-signed by Ms. Patricia Couture or Mr. François Leblanc or Ms. Linda Blaney or Mr. Gilles Normand Lavallée or Ms. Johanne Picard or Ms. Alona Chemtob, in addition to Mr. John Lukca;
These directions take effect immediately and will remain in effect until the trustees have corrected their deficiencies or until further notice;
In accordance with subsection 14.03(3) of the Act, these directions bind their addressees, who must comply with them;
In accordance with subsection 14.03(4) of the Act, a person who complies with these directions is not liable for any act done by the person only to comply with them.
Signed, in the City of Montréal, Quebec,
Robert Massé
Assistant Superintendent, Trustee Compliance