Bauckman (Re)

Bauckman (Re)

The Registrar found the applicant acted in good faith, demonstrated that current and foreseeable household finances make meaningful repayment impossible, and therefore is entitled to relief under s.178(1.1) of the BIA.

Citation
2013 NSSC 34
Parties
Applicant/debtor: Erik Stephen Bauckman; Respondent (loan Creditor): Canada Revenue Agency; Respondent (loan Creditor): Provincial Student Loan Authority
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 January 2013
Procedural Posture
Bankruptcy and Insolvency Act S.178(1.1) Student Loan Relief / Application Decision by Registrar
Outcome
Application granted; relief under s.178(1.1) of the BIA awarded to the applicant.
Legal Topics
Section 178(1.1) BIA, Undue Hardship, Good Faith, Discharge of Student Loan Obligations
Source Language
English
Bankruptcy Insolvency Student Loans Debt Relief Section 178(1.1) BIA Undue Hardship Good Faith Discharge of Student Loan Obligations

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Parties

Erik Stephen Bauckman

Applicant/debtor

Canada Revenue Agency

Respondent (loan Creditor)

Provincial Student Loan Authority

Respondent (loan Creditor)

Procedural Posture

Bankruptcy and Insolvency Act S.178(1.1) Student Loan Relief / Application Decision by Registrar

Legal Issues

  1. 1 Whether the debtor is entitled to relief under s.178(1.1) of the BIA for outstanding student loans
  2. 2 Whether the debtor has acted in good faith regarding repayment
  3. 3 Whether the debtor's and household's financial circumstances constitute undue hardship preventing repayment

Ratio Decidendi

The Registrar found the applicant acted in good faith, demonstrated that current and foreseeable household finances make meaningful repayment impossible, and therefore is entitled to relief under s.178(1.1) of the BIA.

Court Disposition

Application granted; relief under s.178(1.1) of the BIA awarded to the applicant.

Orders

  • Relief granted under s.178(1.1) of the Bankruptcy and Insolvency Act in favour of Erik Stephen Bauckman.