Girvan (Re)

Girvan (Re)

The Registrar exercised discretion to suspend the bankrupt's discharge for one year because of the short three-month interval between the prior discharge and the subsequent assignment and the bankrupt's lack of cooperation; conditional payments were not ordered due to lack of means; the court will not count the...

Source-derived case information.

Citation
2001 NSSC 202
Parties
Bankrupt: Cathy Ann Girvan; Trustee: McCuaig & Company Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 February 2001
Procedural Posture
Bankruptcy / Application for Discharge (hearing)
Outcome
Discharge suspended for one year from the date of the hearing; no conditional payments required; trustee awarded costs out of the estate.
Legal Topics
Discharge, Suspension of Discharge, Conditional Order, Trustee Costs, Repeat Bankruptcy
Source Language
english
Bankruptcy Law Insolvency Discharge Suspension of Discharge Conditional Order Trustee Costs Repeat Bankruptcy

Source-derived case record

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Parties

Cathy Ann Girvan

Bankrupt

McCuaig & Company Inc.

Trustee

Procedural Posture

Bankruptcy / Application for Discharge (hearing)

Legal Issues

  1. 1 Whether to grant the bankrupt a discharge
  2. 2 Whether to suspend the discharge and for what period
  3. 3 Whether to impose conditional payments

Ratio Decidendi

The Registrar exercised discretion to suspend the bankrupt's discharge for one year because of the short three-month interval between the prior discharge and the subsequent assignment and the bankrupt's lack of cooperation; conditional payments were not ordered due to lack of means; the court will not count the period from the prior discharge date to the hearing/decision when fixing the suspension length.

Court Disposition

Discharge suspended for one year from the date of the hearing; no conditional payments required; trustee awarded costs out of the estate.

Orders

  • Trustee to have his costs out of the estate in the normal manner