Hamilton (Re)

Hamilton (Re)

Applying the Superintendent's Guidelines and the Registrar's practice, the Registrar calculated the bankrupt's surplus at $275 per month for 17 months, credited payments of $2,970 already made, and conditioned the bankrupt's discharge on payment of $1,500 payable at $150 per month.

Citation
2002 NSSC 298
Parties
Trustee: Salyzyn and Associates; Bankrupt: Sharon Lee Hamilton
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 January 2002
Procedural Posture
Bankruptcy / Application for Discharge (decision)
Outcome
Conditional discharge granted subject to payment of $1,500 payable at $150 per month.
Legal Topics
Discharge, Surplus Income, Surplus Calculation, Conditional Discharge, Payment of Estate Funds
Source Language
English
Bankruptcy Insolvency Discharge Surplus Income Surplus Calculation Conditional Discharge Payment of Estate Funds

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Parties

Salyzyn and Associates

Trustee

Sharon Lee Hamilton

Bankrupt

Procedural Posture

Bankruptcy / Application for Discharge (decision)

Legal Issues

  1. 1 Whether the bankrupt should be granted a discharge
  2. 2 Whether surplus income payments are required and for what period
  3. 3 How to calculate surplus income from family income and the bankrupt's contribution

Ratio Decidendi

Applying the Superintendent's Guidelines and the Registrar's practice, the Registrar calculated the bankrupt's surplus at $275 per month for 17 months, credited payments of $2,970 already made, and conditioned the bankrupt's discharge on payment of $1,500 payable at $150 per month.

Court Disposition

Conditional discharge granted subject to payment of $1,500 payable at $150 per month.

Orders

  • Bankrupt's discharge is conditional upon payment of $1,500, payable at $150 per month.