Angelopoulos (Bankrupt), Re,

• Jurisdiction: New Brunswick
• Judge: Evans
• Neutral Citation: 2013 NBQB 20
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Date: 14 December 2012
• Citation: (2013), 398 N.B.R.(2d) 255 (QB Reg.),2013 NBQB 20,398 NBR(2d) 255,(2013), 398 NBR(2d) 255 (QB Reg),398 N.B.R.(2d) 255

Angelopoulos (Bankrupt), Re (2013), 398 N.B.R.(2d) 255 (QB Reg.);

    398 R.N.-B.(2e) 255; 1032 A.P.R. 255

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Temp. Cite: [2013] N.B.R.(2d) TBEd. JA.034

Renvoi temp.: [2013] N.B.R.(2d) TBEd. JA.034

In The Matter Of the Bankruptcy of Zoe Angelopoulos

(NB 18564; 51-1465021; 2013 NBQB 20; 2013 NBBR 20)

Indexed As: Angelopoulos (Bankrupt), Re

Répertorié: Angelopoulos (Bankrupt), Re

New Brunswick Court of Queen's Bench

In Bankruptcy and Insolvency

Evans, Registrar

January 14, 2013.

Summary:

Résumé:

A discharged bankrupt applied under s. 178(1.1) of the Bankruptcy and Insolvency Act for release from student loans. Canada and New Brunswick opposed the application.

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

Bankruptcy - Topic 8988

Discharge of debtor - Liabilities not released by discharge - Student loans - A discharged bankrupt applied under s. 178(1.1) of the Bankruptcy and Insolvency Act for release from student loans - Canada and New Brunswick opposed the application - She owed New Brunswick $12,462.25 and Canada $26,563.35 - Single mother - Earning $3,085 per month with expenses of $2,520 - Had made no payments, except for $25 - A Registrar of the New Brunswick Court of Queen's Bench, In Bankruptcy and Insolvency, dismissed the application - The bankrupt had not made a reasonable effort to repay the loans - Further, the court was not convinced that the bankrupt would continue to experience financial difficulty to such an extent that she would be unable to pay the debt (i.e., at the current rate of $410.49 per month).

Bankruptcy - Topic 8988

Discharge of debtor - Liabilities not released by discharge - Student loans - Section 178(1.1) of the Bankruptcy and Insolvency Act provided that a bankrupt could be released from student loans if the bankrupt had acted in good faith in connection with the bankrupt's liabilities under the debt, and that the bankrupt had and would continue to experience financial difficulty to such an extent that the bankrupt would be unable to pay the debt - A Registrar of the New Brunswick Court of Queen's Bench, In Bankruptcy and Insolvency, listed the factors to be considered in applying the good faith test in s. 178(1.1) - See paragraphs 16 and 17.

Faillite - Cote 8988

Libération du débiteur - Dettes non libérées - Prêts étudiants - [Voir Bankruptcy - Topic 8988 ].

Cases Noticed:

Minto (Bankrupt), Re (1999), 191 Sask.R. 1; 14 C.B.R.(4th) 235 (Bktcy. Reg.), refd to. [para. 14].

Legault (Bankrupt), Re (1994), 40 B.C.A.C. 298; 65 W.A.C. 298; 88 B.C.L.R.(2d) 242 (C.A.), refd to. [para. 15].

Lee, Re, [2003] O.J. No. 5325 (Sup. Ct.), refd to. [para. 16].

Cook (Bankrupt), Re, [2006] O.T.C. 122; 20 C.B.R.(5th) 192 (Sup. Ct.), refd to. [para. 16].

Sararas (Bankrupt), Re (2005), 207 Man.R.(2d) 32; 2005 MBQB 177, refd to. [para. 16].

Statutes Noticed:

Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, sect. 178(1.1) [para. 12].

Counsel:

Avocats:

Robert D. Johnson, for the Trustee;

Deborah C. Gillis, for Her Majesty the Queen in Right of Canada;

Philippe A.R. Thériault, for Her Majesty the Queen in Right of the Province of New Brunswick, as represented by the Department of Post-Secondary Education Training and Labour;

Zoe Angelopoulos, on her own behalf.

This matter was heard on December 14, 2012, and January 11, 2013, before Evans, Registrar, of the New Brunswick Court of Queen's Bench, In Bankruptcy and Insolvency, who delivered the following decision on January 14, 2013.