Opposed discharge hearing under s. 172 of the Bankruptcy and Insolvency Act following a voluntary assignment in bankruptcy.
The trustee’s report recommended an absolute discharge despite calculated surplus income obligations, citing the bankrupt’s advanced age, dementia, and financial circumstances.
The court reviewed the trustee’s discretion regarding surplus income calculations and emphasized that trustees are not required to rigidly apply the Superintendent’s standards where an agreement exists and has been complied with.
Finding the trustee and bankrupt had agreed on the surplus income obligation and that the bankrupt had paid the agreed amount, the court fixed the surplus income at the amount already paid into the estate.
An absolute discharge was granted.
