Weinmeyer (Bankrupt), Re, 2015 SKQB 44

Court:Court of Queen's Bench for Saskatchewan
Case Date:February 11, 2015
Jurisdiction:Saskatchewan
Citations:2015 SKQB 44;(2015), 468 Sask.R. 316 (QB Reg.)
 
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Weinmeyer (Bankrupt), Re (2015), 468 Sask.R. 316 (QB Reg.)

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Temp. Cite: [2015] Sask.R. TBEd. MR.022

In The Matter Of the Bankruptcy of Mark Dean Weinmeyer

(23-1700471; 2015 SKQB 44)

Indexed As: Weinmeyer (Bankrupt), Re

Saskatchewan Court of Queen's Bench

In Bankruptcy and Insolvency

Thompson, Registrar

February 11, 2015.

Summary:

The bankrupt applied to be discharged from bankruptcy. All of the unsecured claims in his bankruptcy were tax debts. He owed $391,811.53 for personal income tax debt, $175,172.23 of which was the principal debt before penalties and interest. He also owed $59,190.34 for GST, which he failed to collect in connection with services he provided in the 2005 and 2006 tax years.

A Registrar of the Saskatchewan Court of Queen's Bench, In Bankruptcy and Insolvency, ordered that the bankrupt would be eligible to apply for his bankruptcy discharge 24 months from the date of the court's order once he had: (a) paid $24,000 to the trustee, at a rate of not less than $100 per month, for the general benefit of the creditors with a right of prepayment; (b) filed monthly income and expense statements with the trustee pursuant to s. 172.1(5) of the Bankruptcy and Insolvency Act for the duration of the suspension period; (c) complied with his post-bankruptcy tax obligations, as determined by the provisions of the Income Tax Act and the Excise Tax Act, and as reported by the Canada Revenue Agency to the trustee; and (d) filed all personal income tax and GST returns (if applicable) by their due dates during the term of the suspension, with payment in full if taxes were owing.

Bankruptcy - Topic 8805

Discharge of debtor - General principles - Considerations - Income tax liability - [See Bankruptcy - Topic 8925 ].

Bankruptcy - Topic 8864

Discharge of debtor - Suspension of discharge - With conditions - [See Bankruptcy - Topic 8925 ].

Bankruptcy - Topic 8925

Discharge of debtor - Conditional discharge - Upon payment to trustee - A first time bankrupt applied to be discharged from bankruptcy - All of the unsecured claims in his bankruptcy were tax debts - He owed $391,811.53 for personal income tax debt, $175,172.23 of which was the principal debt before penalties and interest - He also owed $59,190.34 for GST, which he failed to collect in connection with services he provided in the 2005 and 2006 tax years - The bankrupt was self-employed as a disc jockey at the time the personal income tax debt was incurred - He was still working in the disc jockey industry - He was 40 years old and had no dependants - The trustee reported that he had $2,085 in available monthly income, which would have been $75 more than the surplus income standard for 2014 - A Registrar of the Saskatchewan Court of Queen's Bench, In Bankruptcy and Insolvency, ordered that the bankrupt would be eligible to apply for his bankruptcy discharge 24 months from the date of the court's order once he had: (a) paid $24,000 to the trustee, at a rate of not less than $100 per month, for the general benefit of the creditors with a right of prepayment; (b) filed monthly income and expense statements with the trustee pursuant to s. 172.1(5) of the Bankruptcy and Insolvency Act for the duration of the suspension period; (c) complied with his post-bankruptcy tax obligations, as determined by the provisions of the Income Tax Act and the Excise Tax Act, and as reported by the Canada Revenue Agency to the trustee; and (d) filed all personal income tax and GST returns (if applicable) by their due dates during the term of the suspension, with payment in full if taxes were owing.

Cases Noticed:

Toal (Bankrupt), Re (1993), 140 A.R. 305; 20 C.B.R.(3d) 120 (Q.B. Reg.), refd to. [para. 5].

Kelly (Bankrupt), Re, [2006] B.C.T.C. Uned. 186; 21 C.B.R.(5th) 185; 2006 BCSC 403 (Reg.), refd to. [para. 8].

Pinc (Bankrupt), Re, [2007] B.C.T.C. Uned. 189; 32 C.B.R.(5th) 119; 2007 BCSC 380 (Reg.), refd to. [para. 8].

Rice (Bankrupt), Re, [2011] B.C.T.C. Uned. 1426; 2011 BCSC 1426 (Master), refd to. [para. 8].

Newson (Bankrupt), Re (2014), 443 Sask.R. 72; 2014 SKQB 106 (Reg.), refd to. [para. 8].

Counsel:

Mark Weinmeyer, Bankrupt, in person;

Marla Adams, on behalf of the Trustee, Deloitte Restructuring Inc.;

Rachelle Nadeau, on behalf of Her Majesty the Queen in Right of Canada as represented by the Minister of National Revenue.

This application was heard before Thompson, Registrar, of the Saskatchewan Court of Queen's Bench, In Bankruptcy and Insolvency, who delivered the following judgment on February 11, 2015.

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