Burkhard (Re)

Burkhard (Re)

The debtor is entitled to a $6,500 exemption under PPSA s.59(3)(b) because her vehicle (approximately $5,300) was owned free and clear and required for employment in an area lacking reasonable public transportation; the October 1, 2019 amendment to the Judicature Act increasing the general chattel exemption is not...

Source-derived case information.

Citation
2020 NSSC 241
Parties
Trustee: Grant Thornton Limited; Debtor: Nicola Erica Burkhard
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 September 2020
Procedural Posture
Bankruptcy and Insolvency / Exemption Determination (bankruptcy)
Outcome
Debtor entitled to exemption of $6,500 under PPSA s.59(3)(b); Trustee to recalculate amounts payable and refund any overpayment; court to issue conditional or absolute order on presentation of calculations.
Legal Topics
Vehicle Exemption, Work Exemption, Tools of Trade, Secured Creditor Rights, PPSA S.59(3)(b), Retroactivity
Source Language
english
Bankruptcy Insolvency Personal Property Security Act Judicature Act Vehicle Exemption Work Exemption Tools of Trade Secured Creditor Rights +2 more

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Parties

Grant Thornton Limited

Trustee

Nicola Erica Burkhard

Debtor

Procedural Posture

Bankruptcy and Insolvency / Exemption Determination (bankruptcy)

Legal Issues

  1. 1 Whether the debtor’s motor vehicle qualifies for the PPSA s.59(3)(b) exemption
  2. 2 Whether the October 1, 2019 amendment increasing chattel exemptions is retroactive to a January 28, 2019 bankruptcy
  3. 3 Proper method for determining realizable value of a vehicle for exemption purposes

Ratio Decidendi

The debtor is entitled to a $6,500 exemption under PPSA s.59(3)(b) because her vehicle (approximately $5,300) was owned free and clear and required for employment in an area lacking reasonable public transportation; the October 1, 2019 amendment to the Judicature Act increasing the general chattel exemption is not retroactive to her January 28, 2019 bankruptcy; valuation must reflect realizable value without an extra arbitrary discount; the Trustee must recalculate amounts payable and refund any overpayment.

Court Disposition

Debtor entitled to exemption of $6,500 under PPSA s.59(3)(b); Trustee to recalculate amounts payable and refund any overpayment; court to issue conditional or absolute order on presentation of calculations.

Orders

  • Trustee to recalculate the amount, if any, payable by the debtor to her estate in accordance with this decision
  • Any overpayment resulting from prior calculations is to be refunded to the debtor