Are there any cases where a court has found that a husband who has been ordered to pay a fine under an equalization order is a post-bankruptcy debt?
Nova Scotia, Canada
The following excerpt is from Gaunt v. Hawes, 2012 NSSC 305 (CanLII):
If I am wrong in concluding that this fine is not a debt, and were it to be considered in fact a debt, it would clearly be a post bankruptcy debt and not covered by the bankruptcy, following the decision in Roby v. Roby [2003] O.J. No. 4408 (S.C.J. Campbell, J., 2003) where the husband declared bankruptcy after an order for equalization. There the court fined him and in addition specified that the fine constituted a post bankruptcy debt.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of a recent decision in a family law case in which a husband has been ordered to pay his ex-wife’s life insurance in order to get a beneficial interest in his life insurance policy? (Nova Scotia, Canada)
When will a court order sole custody in a family law case? (Nova Scotia, Canada)
In what circumstances will a court order an occupation rent relief in the context of a family law case? (Nova Scotia, Canada)
In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter? (Nova Scotia, Canada)
In what circumstances have the Courts found that the Minister of Fisheries and Oceans violated sections of the Constitution and Charter? (Nova Scotia, Canada)
Is there any case law or case law supporting the confidentiality of mediation? (Nova Scotia, Canada)
When there are contradictory evidence in a medical malpractice case, does the court have any authority or authority to interfere? (Nova Scotia, Canada)
Does the Court have any authority to overturn an order by a judge in a family law matter? (Nova Scotia, Canada)
When will a court order joint custody? (Nova Scotia, Canada)
What is the test for a variation of an order where a party is seeking to change the existing order? (Nova Scotia, Canada)
