H. Manis

The bankrupt applied for an absolute discharge from bankruptcy, which was opposed by his former spouse and the bankruptcy trustee.

The bankruptcy was filed shortly after the former spouse obtained a family law judgment for equalization and costs.

The court found that the bankrupt had transferred significant assets to his mother and a business associate prior to bankruptcy to defeat his former spouse's claims, and failed to disclose these transfers or a personal injury settlement to the trustee.

The court held that the bankrupt's conduct was evasive and untruthful, and that he used the bankruptcy process to avoid his family law obligations.

The court refused an absolute discharge and granted a conditional discharge requiring the bankrupt to pay $170,036.50 to the trustee, representing the compromised equalization claim and costs.

In complex commercial litigation involving a Mareva injunction motion, counsel attended the court without following the Commercial List’s procedure for requesting an urgent appointment.

The court emphasized that counsel must contact the Commercial List Office before appearing urgently before a judge and may not bypass the process by attending unannounced in an attempt to vary a prior order.

Although the parties agreed to adjourn the Mareva motion and vary certain procedural timelines, the court criticized the improper attendance and ruled that the plaintiffs would not be entitled to claim costs for the unnecessary appearances.

The court granted the adjournment on consent with modifications and provided further scheduling directions for cross-examinations and the motion return.

The interim injunction remained in effect pending the rescheduled hearing.