Representation of Defty and Oprey [2021] JRC 225 (16 July 2021)
It is a proper exercise of the Court's discretion to recognise the appointment of the joint trustees in bankruptcy in Jersey and authorise them to collect assets, subject to advertising for Jersey creditors and ensuring priority creditors are treated as under Jersey law.
- Citation
- [2021] JRC 225
- Parties
- Representor: Ian Defty; Representor: David Oprey; Bankrupt Debtor: Andrew Michael
- Jurisdiction
- Jersey
- Judgment Date
- 16 July 2021
- Procedural Posture
- Representation Under Insolvency Law / Application for Recognition and Assistance
- Outcome
- application granted
- Legal Topics
- Recognition of Foreign Insolvency Proceedings, Assistance to Foreign Courts, Collection of Assets
Case Brief
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Parties
Ian Defty
Representor
David Oprey
Representor
Andrew Michael
Bankrupt Debtor
Procedural Posture
Representation Under Insolvency Law / Application for Recognition and Assistance
Legal Issues
- 1 Whether the Jersey Court should recognise and assist joint trustees in bankruptcy appointed by a UK court under Article 49 of the Bankruptcy (Désastre) (Jersey) Law 1990.
Ratio Decidendi
It is a proper exercise of the Court's discretion to recognise the appointment of the joint trustees in bankruptcy in Jersey and authorise them to collect assets, subject to advertising for Jersey creditors and ensuring priority creditors are treated as under Jersey law.
Court Disposition
application granted
Orders
- Joint trustees in bankruptcy recognised in Jersey.
- Representors to advertise in the Jersey Gazette within 28 days for Jersey creditors.
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