TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Buying & Selling a Business/What's the difference in what…
Buying & Selling a Business

What's the difference in what I get to keep between buying from a trustee versus a receiver?

TSL Written by the Treadstone Law team· Updated August 2026

A trustee administers a formal bankruptcy under the federal Bankruptcy and Insolvency Act — bankruptcy is exclusively a federal matter, and Ontario has no bankruptcy statute of its own — while a receiver is typically appointed by a secured creditor or by a court to take possession of, and sell, specific assets subject to that creditor's security, often before or without a full bankruptcy. Both generally sell "as-is, where-is" without meaningful representations or warranties from the seller, and both can potentially arrange for a court-approved sale with a vesting order.

What you actually end up owning has less to do with the trustee-versus-receiver label and more to do with the specific assets included in that particular sale and whether the order or purchase agreement clears the particular claims you're worried about. Rather than assuming a general rule based on which type of official ran the process, review the specific sale agreement, any court order, and exactly which assets and liabilities are covered — that's what actually determines what you're getting, regardless of the seller's formal title.

Key takeaways

  • A trustee operates in formal bankruptcy; a receiver is usually tied to a secured creditor's security.
  • Both typically sell as-is-where-is, and both can seek a court-approved vesting order.
  • What a buyer actually keeps depends on the specific sale terms, not the official's title.
  • Review the actual agreement and any court order rather than assuming a general rule applies.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →