Corkum (Re)

Corkum (Re)

Following the reasoning in Re Macumber, the court held that the original conditional certificate of discharge should be set aside, an absolute order of discharge granted, and the trustee ordered to return monies received under the original conditional order.

Source-derived case information.

Citation
2002 NSSC 296
Parties
Trustee: PricewaterhouseCoopers; Regulatory Party: Superintendent of Bankruptcy; Bankrupt: Vincent Parker Corkum
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 January 2002
Procedural Posture
Bankruptcy / Decision
Outcome
Original certificate of discharge (conditions met) set aside; Absolute Order of Discharge granted; Trustee ordered to return monies received from the bankrupt under the original conditional order.
Legal Topics
Discharge, Conditional Discharge, Absolute Discharge, Trustee Remedies
Source Language
english
Bankruptcy Insolvency Estate Administration Discharge Conditional Discharge Absolute Discharge Trustee Remedies

Source-derived case record

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Parties

PricewaterhouseCoopers

Trustee

Superintendent of Bankruptcy

Regulatory Party

Vincent Parker Corkum

Bankrupt

Procedural Posture

Bankruptcy / Decision

Legal Issues

  1. 1 Whether the original certificate of discharge (conditions met) should be set aside
  2. 2 Whether an Absolute Order of Discharge should be granted
  3. 3 Whether the trustee must return monies received under the original conditional order

Ratio Decidendi

Following the reasoning in Re Macumber, the court held that the original conditional certificate of discharge should be set aside, an absolute order of discharge granted, and the trustee ordered to return monies received under the original conditional order.

Court Disposition

Original certificate of discharge (conditions met) set aside; Absolute Order of Discharge granted; Trustee ordered to return monies received from the bankrupt under the original conditional order.

Orders

  • The original certificate of discharge (conditions met) be set aside.
  • An Absolute Order of Discharge be granted by the court.