Re Boschetti, A

[1989] FCA 457

NOT FOR DISTRIBUTIOM

JUDGMENT NO ........ ........ ... 45 3 2."EiL+

IN THE FEDERAL COURT	)
OF AUSTRALIA	1
BANKRUPTCY DISTRICT	1
OF THE STATE OF	1
WESTERN AUSTRALIA	1 No. 576 of 1987 RE: ANNE BOSCHETTI

Bankrupt

EX PARTE: ANNE BOSCHETTI

Applicant

FRENCH J.

24 JULY 1989

EX TEMPORE REASONS FOR JUDGMENT

This is an application for a discharge from bankruptcy

by Anne Boschetti. Mrs Boschetti became a bankrupt on her own

petition on 7 August 1987. Her statement of affairs disclosed liabilities totalling $19,070 represented by two unsecured creditors for loans. No proofs of debt have been requested or received. There are no assets in the estate.

The background to the application as disclosed in the report from the Official Receiver is that at the date of her bankruptcy Icrs Boschetti was 37 years old, married, living with her husband and their four children aged 16, 13, 10 and 4. She and her children were dependent upon her husband who was unemployed and by that time also a bankrupt. 1-lrs Boschettirs bankruptcy flowed from her husband's financial difficulties, her

AUSTRALIA

liabilities relating to two loans taken out jointly with him. loans to purchase and develop three residential

FEDERAL COURT OF

Derby and Broome with a view to renting them out and utilizing the funds received to maintain repayments on those loans. Increases in interest rates and the failure of tenants to maintain rent payments together with his own unemployment contributed to his increasing financial problems and on 18 November 1986 he filed his petition. Upon Mrs Boschetti's husband becoming bankrupt the joint creditors pressed her for payment of the loans and not being in a position to meet their demands she filed a petition in bankruptcy. She has been separated from her husband slnce November 1987. She is paid $100 per month maintenance by him and receives a sole parent's benefit of $304.90 per fortnight. She pays $125.20 in rent every fortnight and expends the remainder of the moneys in feeding and clothing herself and her children.

There has been no question of any offences committed by her or any other matters of the kind specified under sub-s.150(6) as providing sufficient reason for the refusal of an order of discharge. Mr Boschetti was discharged by order of the Court on 10 April 1989. I am satisfied that in this case there is no element of public interest or commercial morality which would be served by the continuance of this bankruptcy. Mrs Boschetti's

and her children have experienced difficulties financially and	for herself and her famlly. She says that since bankruptcy she reasons for seeking discharge are to maintain a better lifestyle
otherwise. She says that if she were discharged and things were back to normal again it might assist in the reconciliation of her marriage. Whether or not that is a real prospect, it seems to me that this is one of those bankruptcies in which no element of public interest is served by its continuance. Having regard to
the discharge granted to her husband in April it would be most unfair to refuse the application made by Mrs Boschetti. In the circumstances I will order that she be discharged from her bankruptcy.

I certify that this and the preceding
two ( 2 ) pages are a true copy of the
Ex Tempore Reasons for Judgment of

His Honour Justice French.

Associate: C

Date:

Mr J. Busher appeared on behalf of the Official Receiver.

Date of Hearing:	24 July 1989
Date of Judgment: 24 July 1989