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Le Curateur public du Québec
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  • Tutorship to the property of a minor
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Bankruptcy of tutor

TRUSTEE: A mandatary appointed by the court on behalf of the creditors of a person who has gone bankrupt (also known as the bankrupt), to administer this person's property, liquidate it, and distribute the proceeds among the creditors.

The minor child's property and money do not belong to their tutor (mother, father or dative tutor), even though the tutor administers them. If the tutor goes bankrupt, the assets may not be assigned to a trustee or distributed to creditors.

The tutor is never released from their debt to the minor

A tutor who goes bankrupt and has used money belonging to the child, remains responsible for reimbursing the child, even after being released from their debts as a bankrupt person. The tutor may not claim bankruptcy as a reason for no longer owing anything to the child. Upon reaching full age, the child has recourse against the tutor for recovering any money owed.

 

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Last modification: 2010-01-08
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© Gouvernement du Québec, 2002