Supreme Court

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IN THE SUPREME COURT OF NOVA SCOTIA

IN BANKRUPTCY AND INSOLVENCY

Citation: McNutt (Re), 2008 NSSC 166

 

Date: June 3, 2008

                   Docket: B-31952

Registry: Halifax

 

 

District of Nova Scotia

Division No. 03 - Sydney

Court No. B-31952

Estate No. 51-104077, 51-104078                                                                                    

IN THE MATTER OF THE BANKRUPTCY OF

TIMOTHY  LLOYD  MCNUTT  AND  JENNIFER  LYNN  MCNUTT

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LIBRARY  HEADING

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Registrar:              Richard W. Cregan, Q.C.                             

 

Heard:                  May 1, 2008                                                         

 

Written Decision: June 3, 2008

 

Subject:                Husband and wife had completed a Consumer Proposal, but were left with substantial student loans.  They applied for relief under S.178(1.1) of the Bankruptcy and Insolvency Act.

 

Summary:             The wife had ceased to be a student with respect to all student loans more than ten years ago.  She was granted relief.

 

Issue:          The husband had ceased to be a student more than ten years ago with respect to all his student loans pursuant to Federal and Nova Scotia legislation, but he had ceased to be a student less than ten years ago with respect  to his last loan, which was made pursuant to Ontario legislation.


Result:                  He was granted relief with respect  to all loans except the last loan.  The application was adjourned, so that he could return to court when the ten years have passed respecting the last loan.

 

The Registrar ruled that in making applications under S.178(1.1), one may deal with loans under one statutory regime with respect  to a course of study separately from loans under another regime with respect  to another course of study.

 

 

 

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