Sararas (Bankrupt), Re, (2005) 207 Man.R.(2d) 32 (QB Reg.)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: July 25, 2005
• Jurisdiction: Manitoba
• Citations: (2005), 207 Man.R.(2d) 32 (QB Reg.);2005 MBQB 177

Sararas (Bankrupt), Re (2005), 207 Man.R.(2d) 32 (QB Reg.)

MLB headnote and full text

Temp. Cite: [2005] Man.R.(2d) TBEd. AU.006

In The Matter Of The Bankruptcy Of: Ray Allan Sararas

(BK 05-01-76643; 2005 MBQB 177)

Indexed As: Sararas (Bankrupt), Re

Manitoba Court of Queen's Bench

In Bankruptcy

Winnipeg Centre

Lee, Registrar

July 25, 2005.

Summary:

The bankrupt applied for a discharge. He also applied under s. 178(1.1) of the Bankruptcy and Insolvency Act to have his student loan debts discharged in the bankruptcy.

A Registrar of the Manitoba Court of Queen's Bench, In Bankruptcy, adjourned the application for a discharge for six months and dismissed the application to discharge the student loan debts.

Bankruptcy - Topic 8804

Discharge of debtor - General principles - Considerations - Student loans - [See Bankruptcy - Topic 8988 ].

Bankruptcy - Topic 8988

Discharge of debtor - Liabilities not released by discharge - Student loans - A Registrar of the Manitoba Court of Queen's Bench, In Bankruptcy, declined to discharge the bankrupt's student loan debts in the bankruptcy (Bankruptcy and Insolvency Act, s. 178(1.1)) where the bankrupt failed to satisfy the court that he acted in good faith in connection with his liabilities under the loans - In particular, evidence by Canada Student Loans and Ontario Student Loans indicated that the bankrupt made only small payments - Also, two of the bankrupt's siblings opposed the bankrupt's discharge alleging that, as executor for his deceased mother, he misappropriated their respective share of the mother's estate - Finally, the bankrupt's material lacked detail and specificity respecting his employment situation, the family income situation, his wife's alleged bankruptcy and periods of low income and social assistance - See paragraphs 9 to 12.

Bankruptcy - Topic 9025

Discharge of debtor - Hearing - Adjournment - A Registrar of the Manitoba Court of Queen's Bench, In Bankruptcy, adjourned the bankrupt's discharge application for six months because of the instability in the income situation of the bankrupt and his wife - The court required the bankrupt to submit his monthly income and expense statements in each month and to pay the trustee within 15 days at the end of each month an amount representing surplus income as determined by the trustee for the preceding month - See paragraphs 13 to 17.

Cases Noticed:

Wood (Bankrupt), Re (1998), 133 Man.R.(2d) 230 (Man. Q.B.), refd to. [para. 2].

Dustow (Bankrupt), Re (1999), 193 Sask.R. 159; 14 C.B.R.(4th) 186 (Q.B. Bktcy. Registrar), refd to. [para. 8].

Minto (Bankrupt), Re (1999), 191 Sask.R. 1; 14 C.B.R.(4th) 235 (Q.B. Bktcy. Registrar), refd to. [para. 9].

Swan (Bankrupt), Re, [2001] B.C.T.C. 1175; 28 C.B.R.(4th) 137 (S.C.M.), refd to. [para. 8].

Counsel:

Ray Allan Sararas, The Bankrupt, appeared in person;

Carmen Gauvin, for the Trustee, BDO Dunwoody Ltd.;

G. Thomas Hodgson, for the Attorney General of Canada (Canada Student Loans) and the Ontario Ministry of Education and Training (Ontario Student Loans).

These applications were heard by Lee, Registrar, of the Manitoba Court of Queen's Bench, In Bankruptcy, Winnipeg Centre, who delivered the following decision on July 25, 2005.