Jersey Judgment

A v B [1994] JLR 54 (27 January 1994)

Bankruptcy Cession Generale Imprisonment of Debtor Judicial Discretion in Release

Citation: [1994] JLR 54
Status: Judgment
Jurisdiction: Jersey
Posture: Bankruptcy / Application for Release From Imprisonment

More details

Posture: Bankruptcy / Application for Release From Imprisonment

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Professional case brief

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Source document

Holding and result

The court's discretion to release a debtor from prison without cession generale is properly exercised where the debtor has made honest efforts to meet obligations and does not seek to compromise creditors, to avoid injustice.

Court disposition

application granted

Orders

debtor released from prison without cession generale

Material facts

Parties

Applicant

Respondent

Procedural history

Posture

Bankruptcy / Application for Release From Imprisonment

Questions and positions

Legal issues

01
Whether the court has discretion to release a debtor from prison without cession generale
02
What factors justify the exercise of such discretion

Party arguments

Applicant: The debtor has honestly attempted to meet obligations and does not wish to compromise creditors; continued imprisonment would cause injustice.
Respondent: Release should not be granted without cession generale unless exceptional circumstances are shown.

Court’s reasoning

Legal principles

01
[1994] JLR 54

The court has discretion to release a debtor from prison without cession generale if injustice would otherwise be caused, particularly where the debtor has honestly attempted to meet obligations and does not wish to compromise creditors.

Ratio, limits and disposition

Ratio decidendi

The court's discretion to release a debtor from prison without cession generale is properly exercised where the debtor has made honest efforts to meet obligations and does not seek to compromise creditors, to avoid injustice.

Court disposition

application granted

debtor released from prison without cession generale

Source and reliance status

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Judgment

[1994] JLR 54

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BAILII >> Databases >> Jersey Law Reports >> A v B [1994] JLR 54 (27 January 1994) URL: https://www.bailii.org/je/cases/JLR/1994/JLR940054.html Cite as: [1994] JLR 54 [ New search ] [ Help ] A v B 1994 JLR 54 (27 January 1994) Bankruptcy - cession generale - imprisonment - release-court has discretion to release debtor from prison without cession, e.g. if injustice otherwise caused-discretion properly exercised if debtor honestly attempts to meet obligations and does not wish to compromise creditors The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1994 JLR 54 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1994/JLR940054.html

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