Booth v. Viscount [2016] 1 JLR 201 (22 March 2016)
- Citation
- [2016] 1 JLR 201
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Bankruptcy Application / Judgment
More details
- Posture
- Bankruptcy Application / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
No payment to debtor's spouse from sale proceeds if proceeds are insufficient to pay secured creditors; interests of secured creditors are of primary importance.
Court disposition
application dismissed
Orders
- No payment to debtor's spouse from sale proceeds
02
Material facts
Parties
Booth
Debtor's SpouseViscount
Bankruptcy Official03
Procedural history
Posture
Bankruptcy Application / Judgment
04
Questions and positions
Legal issues
Whether debtor's spouse is entitled to payment from sale proceeds of matrimonial home under Bankruptcy (Desastre) (Jersey) Law 1990, art. 12(5)(b) when proceeds are insufficient to pay secured creditors
Party arguments
- Applicant
- Debtor's spouse sought payment from sale proceeds of matrimonial home.
- Respondent
- Viscount argued that proceeds must first satisfy secured creditors and spouse is not entitled if proceeds are insufficient.
05
Court’s reasoning
Legal principles
- 01
Bankruptcy (Desastre) (Jersey) Law 1990, art. 12(5)(b)
Interests of secured creditors take priority over payment to debtor's spouse from sale proceeds under Bankruptcy (Desastre) (Jersey) Law 1990, art. 12(5)(b)
06
Ratio, limits and disposition
Ratio decidendi
No payment to debtor's spouse from sale proceeds if proceeds are insufficient to pay secured creditors; interests of secured creditors are of primary importance.
Court disposition
application dismissed
- No payment to debtor's spouse from sale proceeds
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Booth v. Viscount [2016] 1 JLR 201 (22 March 2016) URL: https://www.bailii.org/je/cases/JLR/2016/JLR161201.html Cite as: [2016] 1 JLR 201 [ New search ] [ Help ] Booth v. Viscount 2016 (1) JLR 201 (22 March 2016) Bankruptcy-desastre-matrimonial home-application by debtor's spouse-no payment to spouse from sale proceeds under Bankruptcy (Desastre) (Jersey) Law 1990, art. 12(5)(b) if proceeds insufficient to pay secured creditors-interests of secured creditors of primary importance 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: 2016 (1) JLR 201 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2016/JLR161201.html
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