McCurdy (Re)

McCurdy (Re)

The trustee should have required completion of the conditional discharge within the 21-month limit prescribed by Directive No.12 and, upon default, must promptly review the situation with the bankrupt and, if compliance is not shortly made, apply to the Court to have the terms of discharge set or reviewed; nevertheless the Court confirmed the trustee's certificate of discharge effective April 15, 2005 in this case.

Citation
2006 NSSC 125
Parties
Bankrupt: Stephen James McCurdy; Trustee: WBLI Incorporated; Regulatory: Office of the Superintendent of Bankruptcy; Judge/registrar: Richard W. Cregan, Q.C.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 April 2006
Procedural Posture
Bankruptcy and Insolvency — Taxation of Trustee's Account and Interpretation of Superintendent Directive No. 12 / Taxation of Trustee's Account; Advisory Opinion on Directive No. 12 Interpretation
Outcome
Order confirming the trustee's certificate of discharge effective April 15, 2005 and approval of the trustee's accounts.
Legal Topics
Conditional Discharge, Trustee Duties, Superintendent Directives, Directive No. 12, Timing of Discharge
Source Language
English
Bankruptcy Insolvency Administrative Law Conditional Discharge Trustee Duties Superintendent Directives Directive No. 12 Timing of Discharge

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Parties

Stephen James McCurdy

Bankrupt

WBLI Incorporated

Trustee

Office of the Superintendent of Bankruptcy

Regulatory

Richard W. Cregan, Q.C.

Judge/registrar

Procedural Posture

Bankruptcy and Insolvency — Taxation of Trustee's Account and Interpretation of Superintendent Directive No. 12 / Taxation of Trustee's Account; Advisory Opinion on Directive No. 12 Interpretation

Legal Issues

  1. 1 Whether a trustee may allow completion of a deemed conditional discharge after the 21-month maximum prescribed by Directive No.12
  2. 2 Whether a trustee must apply to the Court when a bankrupt fails to complete the terms of a conditional discharge within the Directive No.12 time limit
  3. 3 Whether a trustee retains jurisdiction to issue a certificate of discharge long after the 21-month period has expired

Ratio Decidendi

The trustee should have required completion of the conditional discharge within the 21-month limit prescribed by Directive No.12 and, upon default, must promptly review the situation with the bankrupt and, if compliance is not shortly made, apply to the Court to have the terms of discharge set or reviewed; nevertheless the Court confirmed the trustee's certificate of discharge effective April 15, 2005 in this case.

Court Disposition

Order confirming the trustee's certificate of discharge effective April 15, 2005 and approval of the trustee's accounts.

Orders

  • Confirm discharge issued by trustee effective April 15, 2005
  • Trustee's accounts approved