Cite as: Cole (Re), 2001 NSSC 203
CASE NO. VOL. NO.
In the Matter of the Bankruptcy of
Elizabeth Marie Cole
Tim Hill,
Registrar in Bankruptcy Halifax, Nova Scotia File No. B 23659
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LIBRARY HEADINGS
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HEARD: March 26, 2001
DECISION: April 2, 2001
WRITTEN REASONS: April 9, 2001
FACTS: Trustee sought directions (s.34(1) of the BIA) regarding procedure to be followed where trustee intends to make application under section 68 of the BIA for an order requiring payment of “income” of bankrupt to trustee for benefit of the estate. The “income” in question would not be paid or received until after the date of the bankrupt’s pending automatic discharge (s.168.1 of the BIA)
ISSUES: 1. Dealing with the Registrar’s jurisdiction to give directions where bankrupt objects.
2. Directions as to appropriate procedure.
HELD: As to jurisdiction:
(a) Registrar had jurisdiction to give directions as to procedure on basis of urgency, ex parte nature of application, and as matter related to practice and procedure.
(b) Registrar did not have jurisdiction to order attachment of funds as such involved substantive issues outside jurisdiction of Registrar.
As to directions:
The trustee can make the s.68 application after the bankrupt’s discharge. Procedure set out in the decision.