2003 ABQB 275, 2003 ABQB 275
Opinion
Re Rideout (Bankrupt), 2003 ABQB 275 Date: 2003 03 24 Action No. BK03 94818 and BK03 94819 IN THE COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON IN THE MATTER OF THE BANKRUPTCY OF RAYMOND STEPHEN RIDEOUT AND IN THE MATTER OF THE BANKRUPTCY OF NANCY VERA RIDEOUT _______________________________________________________ MEMORANDUM OF DECISION of M. FUNDUK , Registrar in Bankruptcy _______________________________________________________ APPEARANCES: Bill McCulloch & Associates Inc. Trustee
C. Lupul Lovatt Olsen Counsel for the objecting creditor Alberta Motor Products Ltd. [ 1 ] These are applications for discharge by the bankrupts, husband and wife. One [ 2 ] The wife is a second time bankrupt. She got her discharge from the first bankruptcy on April 27, 1998. I was not given any details about that bankruptcy. [ 3 ] The wife went into bankruptcy this second time on February 13, 2002, which is three years and 10 months after she got her first discharge. [ 4 ] She lists only four creditors totalling $13,015.
One unsecured creditor has proved for $12,880 so this has come down to a one unsecured creditor bankruptcy. The creditor objects. [ 5 ] The B.I.A. is not to be used for a periodic absolution of debts. [ 6 ] I give a combined conditional/suspended order of discharge as follows: 1. The wife will pay 50 cents on the dollar (net) for the proved creditor; 2. The discharge is suspended until April 27, 2008. Two [ 7 ] The husband is a first time bankrupt with seven proved creditors for $37,073.
The wife ’ s creditor is also a creditor for the same amount. [ 8 ] I give a conditional order of discharge requiring the husband to pay 25 cents on the dollar (net) for all proved creditors. HEARD on the 5 th day of February, 2003.
DATED at Edmonton, Alberta this 24 th day of March, 2003. __________________________ M. FUNDUK Registrar in Bankruptcy
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