Croft (Re)

Croft (Re)

Apply Directive 11R and the trustee's section 170 report to calculate net income and allowable extraordinary expenses; allow monthly additional expenses of $830 and one-off expenses of $1,668, disallow university fees, legal fees, payments to spouse, course costs and voluntarily continued mortgages for the purpose of increasing retention; compute surplus against the 2001 base amount and order conditional discharge on payment of 21 monthly payments of $1,100 totaling $23,100.

Citation
2001 NSSC 206
Parties
Bankrupt: Michael Burnum Croft; Trustee: PriceWaterHouseCoopers
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 July 2001
Procedural Posture
Bankruptcy / Discharge Application Decision
Outcome
Conditional order of discharge granted subject to payment of 21 payments of $1,100 totaling $23,100.
Legal Topics
Discharge, Income Assessment, Superintendent's Standards, Directive 11 R, Extraordinary Expenses, Conditional Discharge
Source Language
English
Bankruptcy and Insolvency Discharge Income Assessment Superintendent's Standards Directive 11 R Extraordinary Expenses Conditional Discharge

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Michael Burnum Croft

Bankrupt

PriceWaterHouseCoopers

Trustee

Procedural Posture

Bankruptcy / Discharge Application Decision

Legal Issues

  1. 1 What expenses a bankrupt may deduct from net income under the Superintendent's Standards/Directive 11R
  2. 2 Whether specific claimed expenses (university fees, mortgages, legal fees, payments to spouse, course costs, braces, vehicle, medical costs, tyres) qualify as extraordinary or allowable employment expenses
  3. 3 Proper calculation of surplus and appropriate payment schedule as a condition of discharge

Ratio Decidendi

Apply Directive 11R and the trustee's section 170 report to calculate net income and allowable extraordinary expenses; allow monthly additional expenses of $830 and one-off expenses of $1,668, disallow university fees, legal fees, payments to spouse, course costs and voluntarily continued mortgages for the purpose of increasing retention; compute surplus against the 2001 base amount and order conditional discharge on payment of 21 monthly payments of $1,100 totaling $23,100.

Court Disposition

Conditional order of discharge granted subject to payment of 21 payments of $1,100 totaling $23,100.

Orders

  • Discharge conditional on payment of 21 monthly payments of $1,100 for a total of $23,100.