BANKRUPTS’ DISCHARGE

Wanganui Chronicle, Volume 86, Issue 115, 19 May 1942, Page 3

BANKRUPTS’ DISCHARGE

OPPOSITION BY CREDITOR S. A motion for discharge from banke ruptcy by Michael John Maher and o Eunice Meta Maher, for whom Mr. •j V. B. Willis appeared, was opposed 3. in the Supreme Court, Wanganui, yesterday. Mr. Justice Smith stated e that he did not intend to hold up the d appeal indefinitely and, although the Court disapproved of their conduct, ■- the discharge in each case would be granted, but would be suspended Ipr 12 months. d The motion for discharge was ope posed by Levin and Company, for d whom Mr. W. R. Brown appeared. y The purpose of the Bankruptcy Act was to enable debtors whose position was not dut to culpable negli- - gence to rehabilitate themselves, said Mr. Willis, who added that the present case came within that category. That ’ Maher was an undischarged bankrupt was a barrier to his securing a good position, and so became a matter of pubic interest. There were certain mining interests which should realise an appreciable amount if properly : handled. Maher came out of an hotel without any money and had to secure an unemployment benefit, and Mrs. Maher had been forced to secure cm- | ployment in New Plymouth. Counsel | argued that a man in Maher’s position should not be obliged to throw himself on the State for support, when, under different circumstances, he ? could pay his own way. When Maher , applied for discharge from bank- \ ruptcy in February. 1941. his applica--7 tion was regarded as premature, but ’ counsel submitted that a satisfactory explanation had since been submitted to Mr. F. J. Payne, the official 1 assignee. ’ Mr. C. F. Treadwell, who appeared J on behalf of three other creditors (Wanganui Brewery Co.. Ltd.. Wanganui Aerated Water and Ice Cream Co.. Ltd., and F. J. N. Nancarrow, t Ltd.) intimated that he did not prot pose to offer further opposition. j Mr. WiUis said that these were . easily the largest creditors. J The official assignee said that he ' T would like to question petitioners on f various matters, but Mr. Brown contended that it would b° a waste nf j *me of the Court in asking questions. Mr. Payne submitted that the expenses and “hospitality” accounts w-re excessive and that the books , were in an unsatisfactory state anfi that the motion for discharge should be held over. Mr. Justice Smith granted the discharge under the conditions stated.