Kostiuk (Bankruptcy of), (Re)

Kostiuk (Bankruptcy of), (Re)

The court exercised its inherent jurisdiction to grant the bankrupt standing to participate in the preliminary determination of whether Susan Barnes is a creditor because the issue must be tried, may arise in multiple contexts, and denying standing risks conflicting decisions and unfairness; accordingly the creditor...

Source-derived case information.

Citation
2003 BCSC 1390
Parties
Bankrupt/applicant: Lawrence Steve Kostiuk; Creditor/respondent: Susan Barnes
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 September 2003
Procedural Posture
Bankruptcy Discharge and S.38 Application / Preliminary Issue Determination
Outcome
Bankrupt granted standing to participate as a party in the determination of whether Susan Barnes is a creditor; the creditor issue to be tried first as a preliminary issue.
Legal Topics
Standing, Creditor Status, Discharge, Section 38 BIA, Privilege
Source Language
english
Bankruptcy Law Civil Procedure Standing Creditor Status Discharge Section 38 BIA Privilege

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Parties

Lawrence Steve Kostiuk

Bankrupt/applicant

Susan Barnes

Creditor/respondent

Procedural Posture

Bankruptcy Discharge and S.38 Application / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the bankrupt has standing to oppose a creditor's application under s.38 of the BIA
  2. 2 Whether Susan Barnes remains a creditor of the bankrupt
  3. 3 Whether a creditor may take proceedings under s.38 and the consequences for discharge proceedings

Ratio Decidendi

The court exercised its inherent jurisdiction to grant the bankrupt standing to participate in the preliminary determination of whether Susan Barnes is a creditor because the issue must be tried, may arise in multiple contexts, and denying standing risks conflicting decisions and unfairness; accordingly the creditor issue is to be tried first and the bankrupt is a party to that determination.

Court Disposition

Bankrupt granted standing to participate as a party in the determination of whether Susan Barnes is a creditor; the creditor issue to be tried first as a preliminary issue.

Orders

  • Grant standing to Lawrence Steve Kostiuk as a party to the determination of whether Susan Barnes is a creditor.
  • The issue of whether Susan Barnes is a creditor shall be tried first as a preliminary issue; the parties shall set a date for that determination.