Meyburgh (Bankruptcy of)

Meyburgh (Bankruptcy of)

Master Bolton held that s.155(e) authorizes trustees in summary administration estates to repay overpayments without inspectors' permission or court order where no inspectors are appointed, but s.152(1) requires the trustee's final statement to disclose and itemize total receipts and any refunds; trustees must amend statements to show amounts received and refunded; in Mantler the court could not determine substantive correctness of the refund but found no procedural impropriety regarding permission.

Citation
2000 BCSC 693
Parties
Bankrupt: Albert Phillip Meyburgh; Bankrupt: James Carl Mantler; Trustee (meyburgh): D. Gurney; Trustee (mantler): D.G. Orrell; Regulator/objector: Superintendent of Bankruptcy; Judge/registrar: Master Bolton
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 April 2000
Procedural Posture
Bankruptcy (summary Administration) / Trustee Final Statement Taxation / Directions Application
Outcome
Superintendent's objection to non-disclosure sustained; trustees authorized to repay under s.155(e) where no inspectors; trustees ordered to amend/clarify statements; no costs ordered.
Legal Topics
Summary Administration, Trustee Powers, Superintendent Directives, Statements of Receipts and Disbursements, Refunds to Bankrupts, Inspector Permission
Source Language
English
Bankruptcy Insolvency Administrative Law Summary Administration Trustee Powers Superintendent Directives Statements of Receipts and Disbursements Refunds to Bankrupts +1 more

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Parties

Albert Phillip Meyburgh

Bankrupt

James Carl Mantler

Bankrupt

D. Gurney

Trustee (meyburgh)

D.G. Orrell

Trustee (mantler)

Superintendent of Bankruptcy

Regulator/objector

Master Bolton

Judge/registrar

Procedural Posture

Bankruptcy (summary Administration) / Trustee Final Statement Taxation / Directions Application

Legal Issues

  1. 1 Whether a trustee in a summary administration estate may repay overpayments to a bankrupt without inspectors' permission or court order
  2. 2 Whether the trustee's final statement of receipts and disbursements must disclose overpayments and refunds
  3. 3 Whether Form 13 permits reporting only net receipts without itemization

Ratio Decidendi

Master Bolton held that s.155(e) authorizes trustees in summary administration estates to repay overpayments without inspectors' permission or court order where no inspectors are appointed, but s.152(1) requires the trustee's final statement to disclose and itemize total receipts and any refunds; trustees must amend statements to show amounts received and refunded; in Mantler the court could not determine substantive correctness of the refund but found no procedural impropriety regarding permission.

Court Disposition

Superintendent's objection to non-disclosure sustained; trustees authorized to repay under s.155(e) where no inspectors; trustees ordered to amend/clarify statements; no costs ordered.

Orders

  • Trustee of the Meyburgh estate shall submit an amended statement of receipts and disbursements itemizing total received from the bankrupt and the amount refunded and explaining the reason for the refund.
  • Trustee of the Mantler estate shall submit a statement of receipts and disbursements itemizing total received from the bankrupt and the amount refunded in a form similar to that ordered in Meyburgh.