Supreme Court

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SUPREME COURT OF Nova Scotia

IN BANKRUPTCY AND INSOLVENCY

 

Citation: Aymar, ( Re),  2017 NSSC 328

Date: December 15, 2017

Docket: Halifax,  No.  41375

Registry: Halifax

 

 

In the Matter of Lianne Marie Aymar

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Registrar:            The Honourable Registrar A. David MacAdam, Q.C.

 

Heard:                  December 8, 2017, in Halifax, Nova Scotia

 

Subject:                Bankruptcy; discharge; student loans

 

Summary:            The applicant had ceased to be a student some eight years ago and sought a discharge of her remaining student loan indebtedness pursuant to ss. 178(1) and 178(1.1) of the Bankruptcy and Insolvency Act.

 

Issues:                  Should the applicant be discharged of her remaining student loan debt?

 

Result:                 The applicant was discharged of the student loan debt.  Her household had experienced financial difficulties that the Registrar found would make her unable to pay in the future.  The fact that she might qualify for government repayment assistance did not displace the requirement under the BIA that the applicant herself be able to make the payments.

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