In the Matter of the Bankruptcy of Vera Marilyn Nevin

In the Matter of the Bankruptcy of Vera Marilyn Nevin

Discharge is refused because the bankrupt has a pattern of repeated bankruptcies, has shown no rehabilitation or plan to avoid future insolvency, continues to incur new debt during the bankruptcy, and thereby poses a risk to the public; accordingly the court barred reapplication for at least two years and ordered payment of surplus income into the estate.

Citation
2009 BCSC 233
Parties
Bankrupt: Vera Marilyn Nevin; Trustee: R. G. McMahon; Superintendent: H. Way
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 February 2009
Procedural Posture
Bankruptcy / Application for Discharge (discharge Hearing)
Outcome
Discharge refused; reapplication barred for at least two years; surplus income payment ordered.
Legal Topics
Discharge Refusal, Surplus Income, Repeated Bankruptcies, Rehabilitation, Conditional/suspended Discharge, Bar on Reapplication
Source Language
English
Bankruptcy Insolvency Debtor Creditor Law Discharge Refusal Surplus Income Repeated Bankruptcies Rehabilitation Conditional/suspended Discharge +1 more

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Parties

Vera Marilyn Nevin

Bankrupt

R. G. McMahon

Trustee

H. Way

Superintendent

Procedural Posture

Bankruptcy / Application for Discharge (discharge Hearing)

Legal Issues

  1. 1 Whether the bankrupt should be granted a discharge
  2. 2 Whether to order payment of surplus income into the estate
  3. 3 Whether to bar reapplication for discharge for a period of time

Ratio Decidendi

Discharge is refused because the bankrupt has a pattern of repeated bankruptcies, has shown no rehabilitation or plan to avoid future insolvency, continues to incur new debt during the bankruptcy, and thereby poses a risk to the public; accordingly the court barred reapplication for at least two years and ordered payment of surplus income into the estate.

Court Disposition

Discharge refused; reapplication barred for at least two years; surplus income payment ordered.

Orders

  • Bankrupt's application for discharge is refused
  • Bankrupt is not to reapply for discharge for a period of at least two years