Balkwill (Bankrupt), Re, (1999) 181 Sask.R. 48 (QB Reg.)

• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 11, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 181 Sask.R. 48 (QB Reg.)

Balkwill (Bankrupt), Re (1999), 181 Sask.R. 48 (QB Reg.)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. FE.058

In The Matter Of the Bankruptcy of Garnet Merl Balkwill (Bankruptcy No. 4753)

(Estate No. 023081)

Indexed As: Balkwill (Bankrupt), Re

Saskatchewan Court of Queen's Bench

In Bankruptcy

Judicial Centre of Regina

Herauf, Registrar in Bankruptcy

February 11, 1999.

Summary:

A bankrupt contested the trustee's recom­mendation that he be discharged subject to a condition requiring him to pay $3,010.96 to the trustee.

A Registrar of the Saskatchewan Court of Queen's Bench, In Bankruptcy, held that the bankrupt was entitled to an absolute dis­charge.

Bankruptcy - Topic 481

Property of bankrupt - Exemptions or exclusions - General - A Registrar of the Saskatchewan Court of Queen's Bench, In Bankruptcy, held that the failure of a bankrupt to claim his exemptions at the time of the assignment did not preclude him from claiming the exemption where the administration of the estate had not been completed - See paragraphs 16 to 18.

Bankruptcy - Topic 486

Property of bankrupt - Exemptions or exclusions - Proceeds from sale of exempt property - The bankrupt made an assign­ment into bankruptcy in February 1998 - At that time he had $3,010.96 on hand that represented his proceeds from the sale of his matrimonial home in December 1997 - The trustee argued that while the matrimo­nial home was exempt property, the sale proceeds were not - The bankrupt argued that the sale proceeds were exempt because he did not voluntarily sell the house, rather it was sold to settle his prop­erty and divorce matters - A Registrar of the Saskatchewan Court of Queen's Bench, In Bankruptcy, held that, even though the sale of the bankrupt's matrimonial home pre­ceded the bankruptcy, the sale was not voluntary and the bankrupt was entitled to claim and retain the exemption.

Bankruptcy - Topic 492

Property of bankrupt - Exemptions or exclusions - Time for determination of - [See Bankruptcy - Topic 481 and Bank­ruptcy - Topic 486 ].

Cases Noticed:

Crowley (Bankrupt), Re (1984), 66 N.S.R.(2d) 390; 152 A.P.R. 390; 54 C.B.R.(N.S.) 303 (T.D.), refd to. [para. 2].

Woodrow, Re (1997), 46 C.B.R.(3d) 310 (Sask. Q.B.), refd to. [para. 2].

Goertz (Bankrupt) v. Goertz et al., [1996] 2 W.W.R. 372; 137 Sask.R. 267; 107 W.A.C. 267 (C.A.), refd to. [para. 17].

Gruber (Bankrupt), Re (1993), 143 A.R. 301; 22 C.B.R.(3d) 262 (Q.B. Bktcy.), refd to. [para. 22].

Koble (Bankrupt), Re (1995), 167 A.R. 269; 32 C.B.R.(3d) 42 (Q.B. Bktcy.), refd to. [para. 22].

Higgins Co. v. McNabb (1979), 2 Sask.R. 119; 33 C.B.R.(N.S.) 243 (C.A.), refd to. [para. 24].

Patterson (Bankrupt), Re (1990), 84 Sask.R. 160; 79 C.B.R.(N.S.) 215 (Q.B. Bktcy.), refd to. [para. 25].

Alberta Treasury Branches v. Wilson - see Wilson (Bankrupt), Re.

Wilson (Bankrupt), Re (1996), 178 A.R. 237; 110 W.A.C. 237; 38 C.B.R.(3d) 245 (C.A.), dist. [para. 27].

Counsel:

Ian Schofield, KPMG Inc., trustee;

Brian E. Singer, for the bankrupt.

This application was heard by Herauf, Registrar, of the Saskatchewan Court of Queen's Bench, In Bankruptcy, who delivered the following judgment on Febru­ary 11, 1999.