CREDITORS DISSATISFIED

Taranaki Daily News, 20 November 1926, Page 11

CREDITORS DISSATISFIED

PAINTER GOES BANKRUPT. DISCHARGE TO BE OPPOSED. “I believe he is using the Bankruptcy Court to avoid his obligations,” said Mr. J. K. Hawkins when proposing in New Plymouth yestei'day that the discharge of Frederick Arthur Fox, journeyman painter and paperiianger, should be opposed until he had paid 10s in the £l. The motion was seconded by Mr. J. S. Watson and carried. Both mover and seconder were creditors for rent. No effort at all had been made by Fox to pay his debts, totalling £B4 8s sd, alleged Mr. Hawkins, and he did not like to think bankrupt would get out of it without paying something. He felt very strongly on the matter. If the debts had run into hundreds there would have been something to file for. As it was, he had been averaging £1 Ils in wages a week for the past three years. The D.O.A. (Mr. J. S. S. Medley) presided at the meeting, and besides the two creditors mentioned, Mr. S. E. Neilson attended on behalf of Bendalls, Ltd., and J. B. Harwood’s, Ltd. Bankrupt was represented by counsel. Fox said he knew nothing of the ac count with Bendalls, Ltd. No assets were shown on the schedule, and the unsecured creditors were: F. N. Whitcombe, dentist, £1 10s; Boon Bros., paperhangers, £4 ss; Dr. Brewster, £4 4s; J. B, Harwood, Ltd., paperhangers, £1 18s sd; J. K. Hawkins, dyer, £l5 17s (rent); J. Watson, dealer, £42 17s' (rent); R. Lealand, dentist, £2 10s; Taranaki Hospital Board, £1 5s 6d (X--ray fee); C. Haskell, farmer, £6; Roy, Nicholson and Bennett, solicitors, £2 2s; Dears, Ltd., boot importers, 18 6s; estate Lealand Bros., bakers, £1 Is. AU the creditors were of New Plymouth. He had got into difficulties when work was scarce, said bankrupt, in a written statement. He had no regular employment for about six months, and during this period, his house rent mounted up at the rate of £2 a week. He was then averaging less than £2 a week at odd jobs, and was obliged to borrow money to keep his wife and two young children.

The only large sums owing wore for rent, and in both eases judgment orders had been made by consent. Fox said he had been unable to keep up payments under the orders, and one of the judgment creditors had issued a warrant for his committal to prison and the other had threatened to do so. He had therefore been obliged to file. He had no assets and could not at present make any offer to his creditors. He told the D.O.A. that he had first got into debt about two years ago. If he had been working full time his wages would have been £5 10s. He took a glass of beer occasionally, but did not drink to excess. Neither did he gamble. He had been to race meetings in New Plymouth to work in the booth at 35s a day. He was now employed by a local firm’at 2s 6d an hour, but often his time was broken. The furniture in his house was worth between £4O and £5O and belonged to his wife, who was a widow when he married.

In reply to Mr. Neilson, Fox said his wages for the firm concerned had, during the last three years, averaged £4 Ils a week. His period of unemployment had been from January to June, 1924 He was paying now 30s a week in rent. Mr. Hawkins: Why did you file? Fox: Because I heard a warrant was out to send me to prison. Mr. Hawkins: Well, neither Mr. Watson nor I have taken out a warrant.

Mr. Hawkins: How long have you been working in the race booth? Do you remember being on the lawn at the February races with a pair of field, glasses ? Bankrupt/ said he had gained admission on a complimentary ticket given him by his landlady. Mr. Hawkins: There are no complimentary tickets now. That has been washed out.

Fox: Thank you. He contended that he could get tickets and had obtained this one in the manner stated.

Mr. Hawkins: No complimentary tickets arc issued to men now. I should like to draw attention to that. This man paid to go on the lawn. In reply to further questions bankrupt said he had never put a £5 note on a horse. The most he had on was 10s some years ago. Since then he had made up tickets with his wife and other people. Mr. Hawkins said he felt strongly on this matter. Here was a man who gambled while he owed money. The solicitor had mentioned the £5 note incident in court when the judgment order was issued.

In reply to further questions, Fox said he had not been in a hotel for about four days. He went there to have a drink and a yarn after work occasionally. He did not think it could be said he drank heavily. Mr. Neilson thought it hardly fair that a man owing money should spend occasional shillings on liquor. Mr. Hawkins said he felt bankrupt had not played the game. Though earning £4 Ils a week during the past three years, he had made no effort to pay, except a few shillings on a judgment. The field glasses he wore at the February races were borrowed, bankrupt explained, but he could not say who had lent them. The meeting was adjourned after the resolution quoted had been passed.