Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

IN BANKRUPTCY AND INSOLVENCY

Citation: Perry (Re), 2012 NSSC 446

Date: December 20, 2012

              Docket: B-36566

Registry: Halifax                                                                              

District of Nova Scotia

Division No. 03 - Sydney 

Court No. 36566

Estate No. 51-1573473                                                                                

 

In the Matter of the Bankruptcy of Darlene Mary Ann Perry

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LIBRARY  HEADING

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Registrar:             Richard W. Cregan, Q.C.                             

 

Heard:                  November 15, 2012                                                        

 

Written Decision: December 20, 2012

 

Subject:                The Bankrupt has an outstanding action for compensation for her injuries incurred in a motor vehicle accident.  The Applicant lent her money against the security of irrevokable directions to pay from the proceeds of the action which were addressed to her solicitor.

 

Issue:          The Applicant sought a declaration that the directions to pay take priority over any claims of the Trustee.

 

Result:                  The order was granted with the qualifications that further reference to the court may be needed, if any portion of the compensation is for loss of income.

 

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