In re Bonn v [1971] JJ 1771 (20 May 1971)

In re Bonn v [1971] JJ 1771 (20 May 1971)

A creditor of an individual joint owner is not entitled to participate in the degrèvement of property held in joint ownership; only creditors with claims against all joint owners may do so.

Citation
[1971] JJ 1771
Parties
Debtor: Bonn
Jurisdiction
Jersey
Judgment Date
20 May 1971
Procedural Posture
Bankruptcy / Judgment
Outcome
application dismissed
Legal Topics
Degrèvement, Joint Ownership, Creditor Rights
Bankruptcy Property Law Degrèvement Joint Ownership Creditor Rights

Case Brief

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Parties

Bonn

Debtor

Procedural Posture

Bankruptcy / Judgment

Legal Issues

  1. 1 Whether property in joint ownership is subject to degrèvement at the suit of a creditor with a claim against only one joint owner
  2. 2 Whether a creditor of an individual joint owner is entitled to participate in degrèvement proceedings

Ratio Decidendi

A creditor of an individual joint owner is not entitled to participate in the degrèvement of property held in joint ownership; only creditors with claims against all joint owners may do so.

Court Disposition

application dismissed