Representations of Wright and Knowles re Yeowart [2022] JRC 242 (08 November 2022)

Representations of Wright and Knowles re Yeowart [2022] JRC 242 (08 November 2022)

There is a strong public interest in enabling foreign bankruptcy trustees to obtain information and gather assets in Jersey, and the statutory requirements under Article 49 are satisfied. The court accedes to the letters of request and recognises the Joint Trustees' appointment.

Citation
[2022] JRC 242
Parties
Joint Trustee (applicant): Joanne Wright; Joint Trustee (applicant): Andrew Knowles; Debtor (respondent): Richard Andrew Yeowart; Debtor (respondent): Robert David Harry Hopkinson
Jurisdiction
Jersey
Judgment Date
08 November 2022
Procedural Posture
Cross Border Insolvency Recognition / Application for Recognition of Foreign Bankruptcy Trustees
Outcome
Application granted
Legal Topics
Recognition of Foreign Insolvency Proceedings, Assistance to Foreign Courts, Asset Recovery, Trustees in Bankruptcy
Insolvency Cross Border Insolvency Bankruptcy Recognition of Foreign Insolvency Proceedings Assistance to Foreign Courts Asset Recovery Trustees in Bankruptcy

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Parties

Joanne Wright

Joint Trustee (applicant)

Andrew Knowles

Joint Trustee (applicant)

Richard Andrew Yeowart

Debtor (respondent)

Robert David Harry Hopkinson

Debtor (respondent)

Procedural Posture

Cross Border Insolvency Recognition / Application for Recognition of Foreign Bankruptcy Trustees

Legal Issues

  1. 1 Whether the appointment of English bankruptcy trustees should be recognised in Jersey under Article 49 of the Bankruptcy (Désastre) (Jersey) Law 1990
  2. 2 Whether the trustees should be authorised to obtain information and gather assets in Jersey

Ratio Decidendi

There is a strong public interest in enabling foreign bankruptcy trustees to obtain information and gather assets in Jersey, and the statutory requirements under Article 49 are satisfied. The court accedes to the letters of request and recognises the Joint Trustees' appointment.

Court Disposition

Application granted

Orders

  • Recognition of the appointment of Joanne Wright and Andrew Knowles as trustees in bankruptcy of Richard Andrew Yeowart and Robert David Harry Hopkinson in Jersey.
  • Authorisation for the Joint Trustees to obtain information and gather in assets in Jersey.