Supreme Court

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IN THE SUPREME COURT OF NOVA SCOTIA

IN BANKRUPTCY AND INSOLVENCY

Citation: Cheevers (Re), 2013 NSSC 67

 

Date: February 22, 2013

        Docket: B 35255 

Registry: Halifax

 

 

District of Nova Scotia

Division No. 01 - Halifax

Court No. 35255

Estate No. 51-1451400                                                                                

 

IN THE MATTER OF THE PROPOSAL OF

FRANCIS  FREDERICK  CHEEVERS

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LIBRARY  HEADING

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Registrar:             Richard W. Cregan, Q.C.                             

 

Heard:                  February 1, 2013                                                            

 

Written Decision: February 22, 2013

 

Subject:                The Debtor in a Proposal and the Trustee sought the Courts interpretation of a clause in the Proposal whereby the Debtor agreed to pay the Trustee the stated value of his equity in a house subject to a deduction for estimated selling costs.  After the Proposal was accepted by the Creditors, the Debtor obtained a valuation from a professional appraiser who opined that the value of the house was substantially less than the value by which his equity in the house had been determined.  The Debtor submitted that he should only have to pay the value of his equity as determined by using this lesser value.

 

 


Held:           The words of the Proposal are silent about making any use of an appraisal to determine the value of his equity.  He is bound by the value provided in his Statement of Affairs.  This was the value by which the Creditors made their decision to accept the Proposal.           

 

 

 

 

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