Supreme Court

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IN THE SUPREME COURT OF NOVA SCOTIA

IN BANKRUPTCY AND INSOLVENCY

Citation: Blanchard (Re), 2010 NSSC 42

 

Date: February 4, 2010

          Docket: B 32731 

Registry: Halifax

 

 

District of Nova Scotia

Division No. 03 - Sydney

Court No. 32731

Estate No.  51-070051

 

In the Matter of the Consumer Proposal of Wendy Marie Blanchard 

 

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LIBRARY  HEADING

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Registrar:              Richard W. Cregan, Q.C.                             

 

Heard:                  January 14, 2010                                                            

 

Written Decision: February 4, 2010

 

Subject:                The Bankrupt, who had outstanding student loans of about $49,000, applied for relief under Subsection 178(1.1) of the Bankruptcy and Insolvency Act.

 

Summary:             Her studies had ended in 1996.  She had completed a Consumer Proposal being advised that it would discharge these loans,  only to find out that it did not.  Her family income is modest.  To apply her surplus income to these loans would take 12 years just to cover the principal.

 

 


Held:           To continue this burden expecting her to pay these loans would be inconsistent with the overall objectives of the Act.  Relief was granted.

 

 

 

 

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