IN THE SUPREME COURT OF NOVA SCOTIA
IN BANKRUPTCY AND INSOLVENCY
Citation: Bevin (Re), 2014 NSSC 88
Date: March 5, 2014
Docket: 37796
Registry: Halifax
District of Nova Scotia
Division No. 01
Court No. 37796
Estate No. 51-1793850
In the Matter of the Consumer Proposal of Lisa Dawn Bevin
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LIBRARY HEADING________________________________________________________________
Registrar: Richard W. Cregan, Q.C.
Heard: February 5, 2014
Written Decision: March 5, 2014
The Proxy for a creditor had an understanding with the Administrator of a Consumer Proposal that a meeting of the creditors would be called. However, the Proxy in completing the Proof of Claim checked off the box which simply said the Creditor would vote against the proposal instead of the box which said the Creditor would not only vote against the proposal but also requested a meeting of creditors.
The proposal received automatic approval without a meeting being called contrary to the promise made by the Administrator to the Proxy. The creditor moved to set aside the approval of the proposal and to have a meeting ordered.
The Court applied Subsection 187(9) of the Bankruptcy and Insolvency Act, finding the checking of the incorrect box was a “formal defect or irregularity” and ordered that the acceptance of the proposal be set aside and a meet of the creditors be held.
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