Romero (Re)
The registrar applied the reasoning in Castillo (Re) and reduced the administrator's claimed fee for the joint consumer proposal from $668 to $518, with GST payable in addition.
Source-derived case information.
- Citation
- 2007 BCSC 829
- Parties
- Debtor: Ana Isis Macias Romero; Co Debtor: Ricardo Castillo; Administrator: Abakhan & Associates Inc.; Official Receiver: Office of the Superintendent of Bankruptcy
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 11 June 2007
- Procedural Posture
- Consumer Proposal Taxation Under the Bankruptcy and Insolvency Act / Taxation Hearing / Reasons for Decision
- Outcome
- Administrator's fee reduced from $668 to $518 plus GST.
- Legal Topics
- Administrator's Fees, Fee Taxation, Joint Proposals
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ana Isis Macias Romero
Debtor
Ricardo Castillo
Co Debtor
Abakhan & Associates Inc.
Administrator
Office of the Superintendent of Bankruptcy
Official Receiver
Procedural Posture
Consumer Proposal Taxation Under the Bankruptcy and Insolvency Act / Taxation Hearing / Reasons for Decision
Legal Issues
- 1 Whether the administrator's fee for a joint consumer proposal is payable in full or should be reduced
- 2 How fees should be allocated and taxed where a joint proposal is filed
- 3 Application of prior authority (Castillo (Re), 2007 BCSC 828) to fee assessment
Ratio Decidendi
The registrar applied the reasoning in Castillo (Re) and reduced the administrator's claimed fee for the joint consumer proposal from $668 to $518, with GST payable in addition.
Court Disposition
Administrator's fee reduced from $668 to $518 plus GST.
Orders
- Administrator's fee taxed and allowed in the amount of $518 plus GST.
Full Case Text
Judgment text and source record
1 paragraphs
2007 BCSC 829 Romero (Re) IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Romero (Re), 2007 BCSC 829 Date: 20070611 Docket: 06/3898 Registry: Victoria In the Consumer Proposal of Ana Isis Macias Romero Before: Registrar Bouck Reasons for Decision Appearing for Abakhan & Associates Inc., Administrators of the Consumer Proposal R. Robinson Appearing for the Office of the Superintendent of Bankruptcy (the "OSB", also referred to as the official receiver) L. Vogt Date and Place of Hearing: May 3, 2007 Victoria, B.C. [1] This matter concerns the taxation of the administrator's fees under the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3. [2] Ms. Romero filed a joint proposal with her spouse, Ricardo Castillo. There is only one fee claimed by the administrator with respect to the joint proposal. [3] For reasons discussed in Castillo (Re), 2007 BCSC 828, the administrator's fees with respect to the joint proposal are reduced from $668 to $518 (plus GST). Registrar C. P. Bouck