Representation of Defty and Oprey [2021] JRC 225 (16 July 2021)

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

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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

  1. 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.