In re Delaney v [1996] JLR 96 (21 March 1996)

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

  1. 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.