Can a debtor who is discharged from bankruptcy provide a promissory note in order to secure payment of moneys owing to the debtor prior to his discharge from bankruptcy?

British Columbia, Canada


The following excerpt is from Tildesley v. Weaver, 1998 CanLII 6690 (BC SC):

So too in Austin v. Gordon the debtor, following his discharge from bankruptcy, provided the plaintiff with a promissory note in order to secure payment of moneys owing in respect of goods sold and delivered to the debtor prior to his insolvency. In giving the plaintiff judgment Mr. Justice Wilson, with whom Mr. Justice Morrison concurred, referred at p. 623 to Lord Mansfield's decision in the Trueman case and, at p. 625, wrote: And notwithstanding the bankrupt has been and is discharged by operation of the statute, and the certificate or order granted under it, it is still a continuing debt in conscience, and the consideration for a new promise to pay it, or for the giving of a new security in respect of it.

Other Questions


Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
In what circumstances will the court order that a payor's share of family property be held in trust as security for the payment of ongoing support? (British Columbia, Canada)
What is the impact of a consent order on an application for discharge from bankruptcy? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
What is the effect of a judge's decision to order periodic child support payments rather than lump sum payments? (British Columbia, Canada)
Does the parol evidence rule apply to a payment agreement where the payment agreement states that no refunds should be made unless the payment policy is less than one month's notice? (British Columbia, Canada)
What is the effect of an order to cancel an order for non-payment of a lump sum of funds made in a personal injury case? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
When will a court order security to prevent a payor from making maintenance payments? (British Columbia, Canada)
Does the fact that the September 2018 Order provides for a review of child support is not necessarily decisive of the nature of the order? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.