Bankruptcy No. 3304 Estate No. 024011 J.C.R IN THE QUEEN’S BENCH PROVINCE OF SASKATCHEWAN IN BANKRUPTCY IN THE MATTER OF THE BANKRUPTCY OF MARCEL ERNEST JOBIN W. John Hampton, for the bankrupt W. Brent Gough, for the objecting creditor, the Trustees of the Saskatchewan Student Aid Fund Marla Adams, Deloitte Touche Inc., trustee JUDGMENT MAURICE J. HERAUF December 4, 1997 Registrar in Bankruptcy [1] The bankrupt obtained Bachelor of Science degree in Chemistry and an Advanced Certificate in Science-Physio as result of student loan funding. In addition, the bankrupt successfully completed four years toward degree in Veterinary Medicine. His reason for not finishing the final year in Veterinary Medicine was that he had obtained the maximum amount allowed by student loans and was financially unable to complete the final year. As result of student loan funding, the bankrupt is indebted to Canada Student Loans in the amount of $22,338.99 and Saskatchewan student Loans in the amount of $18,241.39. The Saskatchewan program has objected to the automatic discharge of the bankrupt. [2] It appears that student loans represent 100% of the provable claims of unsecured creditors. To his credit the bankrupt paid total of $6,074.92 toward his Saskatchewan loan between November 1994 and April 1996. [3] Since 1994, the bankrupt has been primarily employed as taxi-driver. The bankrupt repeatedly made it clear that he is satisfied with his current occupation and is somewhat reluctant to leave secure employment for uncharted waters. His rationale is succinctly set out in letter he filed with the Court. The letter is as follows: “Dear Sir/Madame, It seems that you feel with my degrees obtained have some sort of potential for greater earnings in the future. Numerous times have made attempts to find degree-related job Mining/Chemical companies etc. and have been turned down. At this point in my life (30 years of age) would find it most unlikely to throw away my years of Taxi-driving experience and business relations to take chance on employment that may not offer better wages. Not to mention, it's been years since graduated and have forgotten much of what was taught. have since developed new skills, as driver/mechanic and am content with my present employment." [4] The bankrupt is just shy of his 30th birthday. He is living at home and hence his rent and food expenses are very reasonable. He is single with no dependents. The bankrupt's net income is modest and well below the superintendents guideline for single person. [5] Counsel for the objecting creditor contends that even though the bankrupt's income is minimal, he still has the capacity to make small payment toward his obligations. The trustee, on the other hand, recommends an absolute discharge. [6] After carefully considering the submissions and bearing in mind the objects and principles of the Bankruptcy and Insolvency Act, I have reluctantly concluded that an absolute order of discharge is appropriate. [7] While am not impressed with the bankrupt's attitude, it would be futile to impose conditional order of discharge in this situation due to the bankrupt's low income. The bankrupt is obviously very intelligent and capable individual. sincerely hope that he somehow finds way to complete his degree in veterinary medicine at some point in the future. [8] There will be an order granting the bankrupt an absolute order of discharge with no order as to costs. Registrar in Bankruptcy
The applicant sought an order requesting an absolute order of discharge in bankruptcy. The bankrupt was indebted to Canada Student Loans and Saskatchewan Student Loans. He had obtained a Bachelor of Science degree but was unable to complete his final year of Veterinary Medicine because he had received the maximum amount of financing available. The bankrupt had been employed for 5 years as a taxi driver earning a less than average income; he lived at home with his parents; he was single with no dependents. He was reluctant to leave secure employment in an effort to obtain employment related to his educational qualifications. Counsel for the objecting creditor argued that the bankrupt had a minimal income and had the capacity to make small payments toward his obligation. HELD: An absolute order of discharge was granted in accordance with the principles of The Bankruptcy and Insolvency Act.