Crocker (Re)

Crocker (Re)

Exercising discretion under s.172 BIA, the court conditioned absolute discharge on a further $5,000 payment to the estate because the bankrupt had stable household surplus income, the student loans were the sole meaningful debt, historical voluntary repayment was minimal, and a modest additional contribution appropriately balances debtor rehabilitation and creditor protection.

Citation
2019 NSSC 121
Parties
Trustee: BDO Canada Limited; Bankrupt: Jo-Anne Irene Crocker
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 April 2019
Procedural Posture
Bankruptcy and Insolvency / Application for Discharge
Outcome
Conditional absolute discharge granted upon payment of $5,000 to the estate and completion of BIA obligations
Legal Topics
Discharge, Student Loans, Surplus Income, Remedial Discretion Under S.172 BIA
Source Language
English
Bankruptcy and Insolvency Discharge Student Loans Surplus Income Remedial Discretion Under S.172 BIA

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Parties

BDO Canada Limited

Trustee

Jo-Anne Irene Crocker

Bankrupt

Procedural Posture

Bankruptcy and Insolvency / Application for Discharge

Legal Issues

  1. 1 Whether the bankrupt should receive an absolute discharge
  2. 2 Whether a further contribution should be imposed as a condition of discharge
  3. 3 Treatment of federal and provincial student loans in bankruptcy when seven years have elapsed

Ratio Decidendi

Exercising discretion under s.172 BIA, the court conditioned absolute discharge on a further $5,000 payment to the estate because the bankrupt had stable household surplus income, the student loans were the sole meaningful debt, historical voluntary repayment was minimal, and a modest additional contribution appropriately balances debtor rehabilitation and creditor protection.

Court Disposition

Conditional absolute discharge granted upon payment of $5,000 to the estate and completion of BIA obligations

Orders

  • The bankrupt shall pay $5,000 to the estate as a condition of receiving an absolute discharge.
  • The $5,000 shall bear no interest and shall be payable at not less than $250 per month beginning no later than 30 days from the date of decision; payments are prepayable in whole or in part.