Morash (Re)

Morash (Re)

The Registrar granted an absolute order of discharge, set aside the trustee's original certificate of discharge based on principles applied in Re Macumber, and ordered that all monies received from the bankrupt under the trustee's conditional order be returned to the bankrupt.

Source-derived case information.

Citation
2002 NSSC 300
Parties
Trustee: Charles Wackett; Bankrupt: David Wayne Morash
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 February 2002
Procedural Posture
Bankruptcy / Discharge Hearing/decision
Outcome
Absolute order of discharge granted; trustee's original certificate of discharge set aside; monies received under the conditional order returned to the bankrupt.
Legal Topics
Discharge, Trustee Actions, Conditional Order, Return of Funds
Source Language
english
Bankruptcy Discharge Trustee Actions Conditional Order Return of Funds

Source-derived case record

Summary, issues, holding and outcome

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Parties

Charles Wackett

Trustee

David Wayne Morash

Bankrupt

Procedural Posture

Bankruptcy / Discharge Hearing/decision

Legal Issues

  1. 1 Whether an absolute order of discharge should be granted
  2. 2 Whether the trustee's original certificate of discharge should be set aside
  3. 3 Whether monies received under a conditional order must be returned to the bankrupt

Ratio Decidendi

The Registrar granted an absolute order of discharge, set aside the trustee's original certificate of discharge based on principles applied in Re Macumber, and ordered that all monies received from the bankrupt under the trustee's conditional order be returned to the bankrupt.

Court Disposition

Absolute order of discharge granted; trustee's original certificate of discharge set aside; monies received under the conditional order returned to the bankrupt.

Orders

  • Grant an absolute order of discharge to David Wayne Morash.
  • Set aside the original certificate of discharge granted by the trustee.