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

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

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.

Citation
[1994] JLR 54
Parties
Applicant: A; Respondent: B
Jurisdiction
Jersey
Judgment Date
27 January 1994
Procedural Posture
Bankruptcy / Application for Release From Imprisonment
Outcome
application granted
Legal Topics
Cession Generale, Imprisonment of Debtor, Judicial Discretion in Release
Bankruptcy Cession Generale Imprisonment of Debtor Judicial Discretion in Release

Case Brief

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Parties

A

Applicant

B

Respondent

Procedural Posture

Bankruptcy / Application for Release From Imprisonment

Legal Issues

  1. 1 Whether the court has discretion to release a debtor from prison without cession generale
  2. 2 What factors justify the exercise of such discretion

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

Orders

  • debtor released from prison without cession generale