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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Cite as: Croft, Re, 2001 NSSC 204
HEARD: June 4, 2001
DECISION: August 27, 2001
FACTS: Medical Doctor. Large income tax debt. Child ill. Bankrupt suffering from several illnesses followed by significant injury in motor vehicle accident. Income below guidelines. Potential claim against tortfeaser in MVA.
ISSUES: Should there be a conditional order for discharge.
HELD: Absolute Discharge.
In accordance with prior decision, trustee may apply under section 68 notwithstanding discharge should bankrupt recover payments for lost income on account of pre-bankruptcy earnings or earnings during period of bankruptcy.
Factors to be considered where large income tax debt reviewed and applied. Nothing wilfully wrong or dishonest in bankrupt’s conduct. Income would not support a conditional order.