Following separation and the applicant's assignment in bankruptcy, the respondent sought to quantify claims against the applicant arising from his failure to comply with their separation agreement.
The respondent claimed increased mortgage costs resulting from the applicant's refusal to sign a mortgage renewal, reimbursement for payments on two joint lines of credit, and sought to characterize these debts as spousal support to survive the bankruptcy.
The court found the debts were property and debt settlements, not spousal support, and valued the respondent's claims for filing in the bankruptcy.
The court also held that a post-bankruptcy costs award relating to pre-bankruptcy litigation was provable in the bankruptcy.
A request to revive a withdrawn divorce claim was denied.
