Supreme Court

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IN THE SUPREME COURT OF NOVA SCOTIA

IN BANKRUPTCY AND INSOLVENCY

Citation:  Bray , Re,  2006 NSSC 385

 

         Date:   December 19, 2006

         Docket:   B-24157 and B-24150

         Registry: Halifax

 

 

District of Nova Scotia

Division No. 1 - Halifax

Court Nos.  24157 and 24150 

Estate Nos. 51-097354 and 51-097318                                                 

 

 

In the Matter of the Bankruptcy of John Frances Bray and Sheila Bray

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LIBRARY  HEADING

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Registrar:              Richard W. Cregan, Q.C.

 

Heard:                  September 25, 2006                                     

 

Written Decision: December 19, 2006

 

Subject:                How should the value of the equity in a bankrupt’s home be determined.

 

Summary:             Prior to the discharge of the bankrupts, husband and wife, they had made an arrangement with the Trustee  respecting  paying for the equity in their home.   They made some  payments, but presumably because of impecuniosity did  not make them all.

 


Issue:          They decided to sell the home.  In order to facilitate the sale, a portion of the proceeds was being held in trust by a solicitor to await the direction of the court as how the portion should be shared.

 

Result:                  It was held that their failure to respond  to requests by the Trustee for payments over a lengthy period of time entitled the Trustee to reopen the arrangement to reflect a substantial increase in the value of the home.  It was determined that the property should be revalued as of the date of the bankrupts’ discharge and the proceeds in trust were directed to be shared accordingly.

 

 

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