Eng (Re)

Eng (Re)

Because the bankrupt's evidence about income, rent and expenses was found to be inconsistent and unreliable, the court could assess his means and set a reasonable minimum monthly installment toward the conditional discharge; having assessed income, employer-provided benefits and household contributions, the court...

Source-derived case information.

Citation
2014 BCSC 2462
Parties
Bankrupt: Davie William Eng; Trustee in Bankruptcy: Campbell, Saunders Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 December 2014
Procedural Posture
Bankruptcy / Application by Trustee for Post Discharge Installment Order
Outcome
Application granted in part
Legal Topics
Conditional Discharge, Surplus Income, Garnishment, Credibility of Debtor, Payment Orders
Source Language
english
Bankruptcy Insolvency Civil Procedure Conditional Discharge Surplus Income Garnishment Credibility of Debtor Payment Orders

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Parties

Davie William Eng

Bankrupt

Campbell, Saunders Ltd.

Trustee in Bankruptcy

Procedural Posture

Bankruptcy / Application by Trustee for Post Discharge Installment Order

Legal Issues

  1. 1 Whether the Trustee can compel minimum monthly payments toward a conditional discharge
  2. 2 Whether the court may order payment garnishment from the bankrupt's employer or other debtors
  3. 3 Whether the proposed payments would be beyond the bankrupt's means

Ratio Decidendi

Because the bankrupt's evidence about income, rent and expenses was found to be inconsistent and unreliable, the court could assess his means and set a reasonable minimum monthly installment toward the conditional discharge; having assessed income, employer-provided benefits and household contributions, the court fixed monthly payments at $750 and authorized the Trustee to demand payment from any debtor including employers and require withholding.

Court Disposition

Application granted in part

Orders

  • Mr. Eng shall pay to the Trustee minimum monthly installments of $750 until the conditional order of discharge is paid in full, with the right to prepay at any time
  • If Mr. Eng fails to pay the amount required the Trustee can demand payment from any debtor of Mr. Eng, including any employer