Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

IN BANKRUPTCY AND INSOLVENCY

Citation: Zinck (Re), 2012 NSSC 114

 

Date: March 21, 2012

                   Docket: B 35658 

Registry: Halifax

 

 

District of Nova Scotia

Division No.  01 - Halifax

Court No. 35658

Estate No. 51-1444762                                                                                 

 

In the Matter of the Bankruptcy of Toby Marlon Zinck

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LIBRARY  HEADING

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Registrar:              Richard W. Cregan, Q.C.                             

 

Heard:                  November 29, 2011                                                        

 

Written Decision: March 21, 2012

 

Subject:                The Applicant held security on the bankrupt’s fishing licenses.  The Trustee found a buyer for the licenses.  It completed the sale and remitted to the Applicant the amount of its secured claim less the Superintendent’s levy required by Section 147 of the Bankruptcy and Insolvency Act.

 


Issue:          The Applicant objected to the levy being retained.  Section 147 clearly states that the levy must be paid on all payments made by a trustee “by way of dividend or otherwise”.  The jurisprudence has clearly established that this requirement applies to secured creditors.  The Superintendent’s Directive No. 10 confirms the requirement that the levy must be imposed on payments to secured creditors, unless either of two exceptions apply, namely where the trustee has acted as an agent, receiver or mandatory for the secured creditor in effecting the sale of the collateral or the trustee has redeemed the security.

 

Result:                  As the Trustee had not acted within the scope of these exceptions, the retention of the levy was confirmed.

 

 

 

 

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