Dunfield (Bankrupt), Re,

• Jurisdiction: New Brunswick
• Neutral Citation: 2013 NBQB 195
• Citation: (2013), 405 N.B.R.(2d) 258 (QB Reg.),2013 NBQB 195,405 NBR(2d) 258,(2013), 405 NBR(2d) 258 (QB Reg),405 N.B.R.(2d) 258
• Date: 15 May 2013
• Court: Court of Queen's Bench of New Brunswick (Canada)

Dunfield (Bankrupt), Re (2013), 405 N.B.R.(2d) 258 (QB Reg.);

    405 R.N.-B.(2e) 258; 1050 A.P.R. 258

MLB headnote and full text

Sommaire et texte intégral

[English language version only]

[Version en langue anglaise seulement]

.........................

Temp. Cite: [2013] N.B.R.(2d) TBEd. JN.012

Renvoi temp.: [2013] N.B.R.(2d) TBEd. JN.012

In The Matter Of the Bankruptcy of Aimee Lisa Dunfield

(NB 18999; 51-1586137; 2013 NBQB 195; 2013 NBBR 195)

Indexed As: Dunfield (Bankrupt), Re

Répertorié: Dunfield (Bankrupt), Re

New Brunswick Court of Queen's Bench

In Bankruptcy and Insolvency

Evans, Deputy Registrar

June 7, 2013.

Summary:

Résumé:

Dunfield and her spouse, discharged bankrupts, applied under s. 178(1.1) of the Bankruptcy and Insolvency Act for relief from the payment of the balance of their student loan debts, owing to Canada and New Brunswick. New Brunswick did not oppose the application. Canada did not appear.

The Deputy Registrar of the New Brunswick Court of Queen's Bench, In Bankruptcy and Insolvency, allowed the application.

Editor's Note: This application was heard at the same time as that of Dunfield's spouse. See [2013] N.B.R.(2d) Uned. 50; 2013 NBQB 194.

Bankruptcy - Topic 8988

Discharge of debtor - Liabilities not released by discharge - Student loans - Dunfield and her spouse, discharged bankrupts, applied under s. 178(1.1) of the Bankruptcy and Insolvency Act for relief from the payment of the balance of their student loan debts - New Brunswick did not oppose the application - Canada did not appear - The Deputy Registrar of the New Brunswick Court of Queen's Bench, In Bankruptcy and Insolvency, allowed the application - The Dunfields had acted in good faith - They had both applied for interest relief and had been denied - They had experienced financial difficulty to the extent that they would be unable to pay the debt - Their combined student loan debt at the time of bankruptcy exceeded $80,000 - Even if Dunfield's spouse had not been laid off, they would be unable to pay the debt within 10 years.

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. 18].

Lee, Re, [2003] O.J. No. 5325 (Sup. Ct.), refd to. [para. 19].

Cook (Bankrupt), Re, [2006] O.T.C. 122; 20 C.B.R.(5th) 192 (Sup. Ct.), refd to. [para. 19].

Sararas (Bankrupt), Re (2005), 207 Man.R.(2d) 32; 2005 MBQB 177, refd to. [para. 19].

Wall (Bankrupt), Re, [2003] N.B.R.(2d) Uned. 123 (Q.B. Reg.), refd to. [para. 23].

Counsel:

Avocats:

Matthew Munro, PricewaterhouseCoopers Inc., for the Trustee;

No one appeared for Her Majesty the Queen in Right of Canada;

No one appeared for Her Majesty the Queen in Right of the Province of New Brunswick;

Aimee Lisa Dunfield, on her own behalf.

This application was heard on May 15, 2013, by Evans, Deputy Registrar, of the New Brunswick Court of Queen's Bench, In Bankruptcy and Insolvency, who delivered the following decision on June 7, 2013.