Alexander (Re)

Alexander (Re)

Because the unsecured liabilities arose from a failed commercial venture, there were no findings of fraud, and the Trustee's investigations did not establish wrongful conduct by the bankrupt, the unsecured liabilities arose from circumstances for which the bankrupt cannot justly be held responsible and an absolute...

Source-derived case information.

Citation
2014 BCSC 2173
Parties
Bankrupt: Robert William Stanley Alexander; Trustee in Bankruptcy: BDO Canada Limited; Creditor: Darrell Trouton; Creditor: Hoban Construction Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 November 2014
Procedural Posture
Bankruptcy / Application for Absolute Discharge
Outcome
Absolute discharge granted to the bankrupt.
Legal Topics
Absolute Discharge, S.173(1)(a) BIA, Unsecured Liabilities, Fraud Findings, Asset Disposition, Trustee Investigation, Conditional Discharge Request
Source Language
english
Bankruptcy Insolvency Contract Law Civil Procedure Absolute Discharge S.173(1)(a) BIA Unsecured Liabilities Fraud Findings +3 more

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Parties

Robert William Stanley Alexander

Bankrupt

BDO Canada Limited

Trustee in Bankruptcy

Darrell Trouton

Creditor

Hoban Construction Ltd.

Creditor

Procedural Posture

Bankruptcy / Application for Absolute Discharge

Legal Issues

  1. 1 Whether unsecured liabilities arose from circumstances for which the bankrupt can justly be held responsible
  2. 2 Whether an absolute discharge should be made conditional on payment of $100,000 new money
  3. 3 Whether there were findings of fraud sufficient to deny discharge

Ratio Decidendi

Because the unsecured liabilities arose from a failed commercial venture, there were no findings of fraud, and the Trustee's investigations did not establish wrongful conduct by the bankrupt, the unsecured liabilities arose from circumstances for which the bankrupt cannot justly be held responsible and an absolute discharge must be granted under s.173(1)(a) BIA.

Court Disposition

Absolute discharge granted to the bankrupt.

Orders

  • Robert William Stanley Alexander is granted an absolute discharge from bankruptcy.
  • No conditional payment of $100,000 is required as a condition of discharge.