Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

IN BANKRUPTCY AND INSOLVENCY

Citation: Crawford (Re), 2010 NSSC 94

 

Date: March 9, 2010

                   Docket: B-23637

Registry: Halifax

 

 

District of Nova Scotia

Division No. 01 - Halifax

Court No. 23637

Estate No. 51-091965

 

 

In the Matter of the Bankruptcy of Wendy Crawford (Alcorn)

 

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LIBRARY  HEADING

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Registrar:              Richard W. Cregan, Q.C.                             

 

Heard:                  February 19, 2010                                                           

 

Written Decision: March 9, 2010

 

Subject:                A bankrupt failed to appear at her discharge hearing in 2002.  A conditional discharge order was granted requiring her to pay surplus income.  In 2003 she applied to have the order varied to give her an absolute discharge, but did not provide information her trustee required to respond to the application for two years.   She was then granted an absolute discharge. 

 

Summary:             She asked the court to backdate her discharge to the date of the original hearing in 2002 as she submitted that had she appeared she would have then received an absolute discharge.    

 


 

Result:                  The Registrar was of the view that the only authority for such relief would be to vary the discharge order under Subsection 187(5) of the Bankruptcy and Insolvency Act, but to do such would be an improper exercise of the discretion provided by it.

 

 

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