Booth v. Viscount [2016] 1 JLR 201 (22 March 2016)

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.

Citation: [2016] 1 JLR 201
Parties: Debtor's Spouse: Booth; Bankruptcy Official: Viscount
Jurisdiction: Jersey
Judgment Date: 22 March 2016
Procedural Posture: Bankruptcy Application / Judgment
Outcome: application dismissed
Legal Topics: Matrimonial Home, Distribution of Sale Proceeds, Secured Creditors

Bankruptcy Family Law Matrimonial Home Distribution of Sale Proceeds Secured Creditors

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Parties

Booth

Debtor's Spouse

Viscount

Bankruptcy Official

Procedural Posture

Bankruptcy Application / Judgment

Legal Issues

1 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

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

Orders

No payment to debtor's spouse from sale proceeds