Grefiel (Re) (Trustee of)

Grefiel (Re) (Trustee of)

Registrar must consider the Superintendent's letter of comment under the Rules; fees under Rule 128 are only fully allowed where the trustee has complied with statutory duties and directives; trustee failed to comply with the BIA and Directives in this estate (delayed/incorrect discharge handling and post-discharge collection), warranting a reduction of fees by $332; allowed fees $1,481.22 and total allowed including disbursements and taxes $1,691.91.

Citation
2002 BCSC 883
Parties
Bankrupt: Purita Cabilao Grefiel; Trustee: David George; Regulator: Superintendent of Bankruptcy
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 June 2002
Procedural Posture
Bankruptcy / Application for Approval of Trustee's Statement of Receipts and Disbursements (taxation)
Outcome
Trustee's fee claim reduced due to failure to comply with BIA and Directives; partial approval of accounts.
Legal Topics
Trustee Fees, Automatic Discharge, Superintendent Intervention, Taxation of Accounts, Trustee Duties
Source Language
English
Bankruptcy and Insolvency Administrative Law Trustee Fees Automatic Discharge Superintendent Intervention Taxation of Accounts Trustee Duties

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Parties

Purita Cabilao Grefiel

Bankrupt

David George

Trustee

Superintendent of Bankruptcy

Regulator

Procedural Posture

Bankruptcy / Application for Approval of Trustee's Statement of Receipts and Disbursements (taxation)

Legal Issues

  1. 1 Whether the Superintendent's letter of comment is properly considered on taxation of trustee's accounts
  2. 2 Whether the trustee complied with statutory requirements for discharge under s.168.1(1)(f) BIA and applicable directives
  3. 3 Whether the trustee's fee claim under Rule 128 should be reduced for failures in administration

Ratio Decidendi

Registrar must consider the Superintendent's letter of comment under the Rules; fees under Rule 128 are only fully allowed where the trustee has complied with statutory duties and directives; trustee failed to comply with the BIA and Directives in this estate (delayed/incorrect discharge handling and post-discharge collection), warranting a reduction of fees by $332; allowed fees $1,481.22 and total allowed including disbursements and taxes $1,691.91.

Court Disposition

Trustee's fee claim reduced due to failure to comply with BIA and Directives; partial approval of accounts.

Orders

  • Reduce claimed fees by $332.00
  • Allow trustee fees of $1,481.22