Webb (Bankrupt), Re, (1998) 221 A.R. 124 (QB)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 27, 1998
• Citations: (1998), 221 A.R. 124 (QB)

Webb (Bankrupt), Re (1998), 221 A.R. 124 (QB)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. JL.105

In The Matter Of the Bankruptcy of Mark Adam Webb

(Action No. BK03-63161)

Indexed As: Webb (Bankrupt), Re

Alberta Court of Queen's Bench

In Bankruptcy

Judicial District of Edmonton

Funduk, Registrar in Bankruptcy

April 27, 1998.

Summary:

A bankrupt applied for his discharge.

A Registrar of the Alberta Court of Queen's Bench, In Bankruptcy, adjourned the application pend­ing the bankrupt's graduation from the Ph.D. program. The Registrar stated that once the bankrupt had graduated and obtained a job, he could re-apply for his dis­charge.

Bankruptcy - Topic 8804

Discharge of debtor - General principles - Considerations - Student loans - [See Bankruptcy - Topic 8907 ].

Bankruptcy - Topic 8907

Discharge of debtor - Absolute discharge - Circumstances when refused - The bankrupt was 28 years old, single, with no dependants - His proved unsecured debts were $41,209, including $30,826 for stu­dent loans and the rest for credit card purchases - The Superintendent of Bank­ruptcy and a bank invoked lack of respon­sibility and flagrant abuse of credit and objected to the bankrupt's discharge - The bankrupt was presently studying for a Ph.D. in chemistry - A Registrar of the Alberta Court of Queen's Bench, In Bank­ruptcy, adjourned the bankrupt's applica­tion for discharge until he graduated - The Registrar said: "It would be a gross abuse of the B.I.A. to let the bankrupt walk away with a Ph.D. in chemistry without paying a cent to his creditors."

Authors and Works Noticed:

Marron, Kevin, Bankruptcy and Insol­vency: Debt, Where is the sting?, Cana­dian Lawyer, March 1998, p. 33 [para. 1].

Counsel:

A.C. Waring & Associates Inc., trustee;

G. Steiner, for the Superintendent of Bankruptcy;

R. Steen (Witten Binder), for the Toronto-Dominion Bank.

This application was heard before Funduk, Registrar, of the Alberta Court of Queen's Bench, In Bankruptcy, Judicial District of Edmonton, who delivered the following decision on April 27, 1998.