In re Delaney v [1996] JLR 96 (21 March 1996)
The court's discretion to discharge a debtor requires balancing the interests of creditors in repayment with the debtor's need to earn a living unencumbered by liabilities.
- Citation
- [1996] JLR 96
- Parties
- Debtor: Delaney
- Jurisdiction
- Jersey
- Judgment Date
- 21 March 1996
- Procedural Posture
- Bankruptcy / Application for Discharge
- Legal Topics
- Discharge of Debtor, Court Discretion, Interests of Debtor and Creditors
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Parties
Delaney
Debtor
Procedural Posture
Bankruptcy / Application for Discharge
Legal Issues
- 1 Whether the court should exercise its discretion to discharge the debtor under Bankruptcy (Desastre) (Jersey) Law 1990, art. 41
Ratio Decidendi
The court's discretion to discharge a debtor requires balancing the interests of creditors in repayment with the debtor's need to earn a living unencumbered by liabilities.
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