Feindel (Re)

Feindel (Re)

After allowing for necessary medical, travel and childcare expenses and considering the mortgage burden and market conditions for the home, the court found the bankrupts had no surplus income available to creditors and that adequate support requires provision for necessary medical treatment; accordingly an absolute discharge was granted and the trustee's recommended surplus payment was refused.

Citation
2009 NSSC 118
Parties
Bankrupt: Jonathan Hugh Feindel; Bankrupt: Angela June Feindel; Trustee: Peter D. Wedlake
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 April 2009
Procedural Posture
Bankruptcy and Insolvency / Application for Discharge
Outcome
Absolute discharge granted
Legal Topics
Conditional Discharge, Surplus Income, Trustee Recommendation, Medical and Travel Expenses as Allowable Deductions
Source Language
English
Bankruptcy and Insolvency Conditional Discharge Surplus Income Trustee Recommendation Medical and Travel Expenses as Allowable Deductions

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Parties

Jonathan Hugh Feindel

Bankrupt

Angela June Feindel

Bankrupt

Peter D. Wedlake

Trustee

Procedural Posture

Bankruptcy and Insolvency / Application for Discharge

Legal Issues

  1. 1 Whether the bankrupts should be required to pay surplus income as a condition of discharge
  2. 2 Whether the bankrupts have surplus income after allowable deductions for necessary medical treatment, travel and childcare
  3. 3 Whether the home constitutes realizable equity available to creditors given market conditions

Ratio Decidendi

After allowing for necessary medical, travel and childcare expenses and considering the mortgage burden and market conditions for the home, the court found the bankrupts had no surplus income available to creditors and that adequate support requires provision for necessary medical treatment; accordingly an absolute discharge was granted and the trustee's recommended surplus payment was refused.

Court Disposition

Absolute discharge granted

Orders

  • Jonathan Hugh Feindel and Angela June Feindel are discharged absolutely.
  • No surplus income payment is required as a condition of discharge.