The bankrupt applied for an automatic discharge from his first-time bankruptcy, which was opposed by the Trustee and a major creditor.
The Trustee opposed the discharge due to outstanding surplus income payments and a prior unsuccessful consumer proposal.
The creditor opposed the discharge, alleging the bankrupt failed to disclose assets, specifically an exempt pension, and failed to account for a loss of assets compared to a family law statement from six years prior.
The court found no misconduct regarding the disclosure of the exempt pension or other assets.
However, the court found the bankrupt's claimed monthly expenses to be excessive.
The court granted a conditional discharge, requiring the bankrupt to pay the outstanding surplus income of $1,383, an additional $10,000 to the Trustee due to excessive expenses, and imposed a concurrent 3-month suspension.
