Allard (Bankrupt), Re, (2001) 241 N.B.R.(2d) 201 (QB Reg.)

• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: May 04, 2001
• Jurisdiction: New Brunswick
• Citations: (2001), 241 N.B.R.(2d) 201 (QB Reg.)

Allard (Bankrupt), Re (2001), 241 N.B.R.(2d) 201 (QB Reg.);

    241 R.N.-B.(2e) 201; 625 A.P.R. 201

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2001] N.B.R.(2d) TBEd. MY.014

Jules Joseph Allard

(Court File No. NB 8421; Estate number 51083623)

Indexed As: Allard (Bankrupt), Re

New Brunswick Court of Queen's Bench

In Bankruptcy

Bray, Registrar

May 4, 2001.

Summary:

A trustee in bankruptcy set aside a credi­tor's proof of claim. The creditor moved for review.

A Registrar of the New Brunswick Court of Queen's Bench, In Bankruptcy, dismissed the motion.

Bankruptcy - Topic 3641

Creditors - General - Priorities - General - [See Personal Property - Topic 6168 ].

Personal Property - Topic 6168

Security interests - Floating charge - Prior­ity - A bank held a security interest on the present and future property of the debtor - This security interest was filed on January 13, 1998 - A creditor under an instalment sales contract (the creditor) held a security interest on three vehicles identified by their respective serial numbers - This security interest was filed in 1999 - The debtor filed for bankruptcy in 2000 - The trustee set aside the creditor's proof of claim - A Registrar of the New Brunswick Court of Queen's Bench, In Bankruptcy, affirmed the decision - The registrar held that the bank had priority over the creditor be­cause: (1) its security had been perfected before the creditor's security, (2) the de­scription of the collateral covered by the bank's security was sufficiently broad to include the vehicles, and (3) the creditor had not given notice under s. 34(2)(b) of the Personal Property Security Act.

Personal Property - Topic 6220.2

Security interests - Priorities - Serial num­ber goods - [See Personal Property - Topic 6168 ].

Statutes Noticed:

Personal Property Security Act, R.S.N.B. 1973, c. P-71, sect. 34(2)(b) [para. 13].

Personal Property Security Act Regulations (N.B.), General Regulation, sect. 23(1)(e) [para. 7]; sect. 24 [para. 8].

Counsel:

Basile Chiasson, for Les Enchères d'auto­mobiles St-Pierre Inc.;

Robert Goguen, for the Trustee in the bankruptcy of Jules Joseph Allard.

This motion was heard by Bray, Registrar, of the New Brunswick Court of Queen's Bench, In Bankruptcy.

Registrar Bray delivered the following decision on May 4, 2001.