Girvan (Re)

Girvan (Re)

The registrar found the bankrupt failed to disclose creditors, failed to keep the trustee informed, committed fraud and theft, and failed to answer the Official Receiver fully; those facts satisfy s173(1)(a),(k) and (o), so an absolute discharge is unavailable; rather than deny discharge outright the court suspended...

Source-derived case information.

Citation
2001 NSSC 218
Parties
Bankrupt: William Malcolm Girvan, Jr.; Trustee: McCuaig & Company Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 February 2001
Procedural Posture
Bankruptcy / Application for Discharge
Outcome
Discharge suspended for one year with conditional payment and costs to trustee.
Legal Topics
Discharge, Suspension, Conditional Discharge, Non Disclosure, Fraud, Trustee Report, Section 173
Source Language
english
Bankruptcy and Insolvency Discharge Suspension Conditional Discharge Non Disclosure Fraud Trustee Report Section 173

Source-derived case record

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Parties

William Malcolm Girvan, Jr.

Bankrupt

McCuaig & Company Inc.

Trustee

Procedural Posture

Bankruptcy / Application for Discharge

Legal Issues

  1. 1 Whether the bankrupt failed to disclose creditors and thus breached duties under the BIA
  2. 2 Whether the bankrupt failed to cooperate with the trustee and the Official Receiver
  3. 3 Whether the bankrupt committed fraud or theft sufficient to deny or suspend discharge under s173

Ratio Decidendi

The registrar found the bankrupt failed to disclose creditors, failed to keep the trustee informed, committed fraud and theft, and failed to answer the Official Receiver fully; those facts satisfy s173(1)(a),(k) and (o), so an absolute discharge is unavailable; rather than deny discharge outright the court suspended discharge for one year and imposed a conditional payment to the trustee of $2,400 payable at $200 per month and awarded trustee costs.

Court Disposition

Discharge suspended for one year with conditional payment and costs to trustee.

Orders

  • Discharge suspended for a period of one year from the date of the hearing.
  • The bankrupt shall pay to the trustee for the benefit of the estate the sum of $2,400.00, payable at a minimum of $200.00 each month.