IN THE SUPREME COURT OF NOVA SCOTIA
IN BANKRUPTCY AND INSOLVENCY
Citation: Roach (Re), 2008 NSSC 15
Date: January 21, 2008
Docket: B-31473
Registry: Halifax
District of Nova Scotia
Division No. 03 - Sydney
Court No. 31473
Estate No. 51-103836
IN THE MATTER OF THE CONSUMER PROPOSAL OF
NANCY JOAN ROACH_________________________________________________________________
LIBRARY HEADING
__________________________________________________________________
Registrar: Richard W. Cregan, Q.C.
Heard: January 11, 2008
Written Decision: January 21, 2008
Subject: Section 178(1.1) - Student Loan
Summary: A debtor made and performed a consumer proposal. She had outstanding student loans which were not included in her consumer proposal. She had ceased being a full or part-time student more than ten years ago.
Issue: Whether a debtor who has performed a consumer proposal and not made an assignment in bankruptcy nor been petitioned into bankruptcy can seek relief under Section 178(1.1).
Result: Section 178(1.1) speaks only of a bankrupt, but Section 66.4(1) says that other provisions of the Act will apply to consumer proposals if applicable. On that basis it was held that Section 178(1.1) applies to a consumer debtor. She met the tests of good faith and inability to pay and was granted relief.
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