Swystun (Bankrupt), Re, 2015 SKQB 168

• Judge: Gabrielson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 17, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKQB 168;(2015), 475 Sask.R. 313 (QB)

Swystun (Bankrupt), Re (2015), 475 Sask.R. 313 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JL.004

In The Matter Of the Bankruptcy of Clifford Walter Swystun

(23-1529731; 2015 SKQB 168)

Indexed As: Swystun (Bankrupt), Re

Saskatchewan Court of Queen's Bench

Gabrielson, J.

June 17, 2015.

Summary:

Swystun made his second assignment into bankruptcy on August 17, 2011. The trustee admitted $17,238.78 in unsecured claims. The claim of the objecting creditor (Swystun's former spouse) was approximately 52% of that amount. The objecting creditor's claim was in respect to a summary judgment she obtained for loss and damages suffered as a result of a promissory note she had co-signed for Swystun.

A Registrar of the Saskatchewan Court of Queen's Bench, In Bankruptcy and Insolvency, in a decision reported at (2014), 458 Sask.R. 29, ordered that Swystun be discharged after he had paid the trustee $17,238 to the benefit of the bankruptcy estate. The Registrar also ordered costs of $2,500 be paid from the estate to the objecting creditor. Swystun appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Bankruptcy - Topic 8922

Discharge of debtor - Conditional discharge - Considerations - [See Bankruptcy - Topic 8925 ].

Bankruptcy - Topic 8925

Discharge of debtor - Conditional discharge - Upon payment to trustee - Swystun made his second assignment into bankruptcy on August 17, 2011 - The trustee admitted $17,238.78 in unsecured claims - The claim of the objecting creditor (Swystun's former spouse) was approximately 52% of that amount - A Registrar ordered that Swystun be discharged after he had paid the trustee $17,238 to the benefit of the bankruptcy estate - The Registrar also ordered costs of $2,500 be paid from the estate to the objecting creditor - The Registrar found there had been admitted conduct issues such that she was bound to order a significant condition of payment to preserve the integrity of the bankruptcy system - Swystun appealed - Swystun argued that the Registrar placed too great an emphasis on his income and did not give sufficient consideration to his personal circumstances - He also argued that the Registrar made errors in her findings of fact - He further submitted that the Registrar ought to have differentiated between the claims of Swystun's ex-wife and the remaining claims and should have ordered that Swystun pay all of the matrimonial debts and only a portion of the other debts so as to have more money available for his children - The Saskatchewan Court of Queen's Bench dismissed the appeal - The ex-spouse's claim was not a typical family property claim - It was in respect to a summary judgment she obtained for loss and damages suffered as a result of a promissory note she had co-signed for Swystun - Swystun's conduct was clearly designed to frustrate attempts to seize assets to pay the summary judgment held by his ex-spouse - The Registrar was correct not to attempt to differentiate between the objecting creditor's claim and those of the other creditors - The Registrar had the jurisdiction to grant the conditional discharge in the terms that she did - There were no palpable or overriding errors in her findings of fact.

Counsel:

Davin R. Burlingham, for the appellant, Clifford Swystun;

Peter M.K. Kazman, for the objecting creditor, Lisa Hanikenne.

This appeal was heard before Gabrielson, J., of the Saskatchewan Court of Queen's Bench, who delivered the following judgment on June 17, 2015.