In re Mickhael v [2011] JLR 1 (14 September 2010)
The court's discretion in granting remise de biens should be exercised in favour of remise when the statutory conditions are met, as it is preferable to degrèvement.
- Citation
- [2011] JLR 1
- Parties
- Debtor: Mickhael
- Jurisdiction
- Jersey
- Judgment Date
- 14 September 2010
- Procedural Posture
- Bankruptcy / Application for Remise De Biens
- Outcome
- Remise de biens granted
- Legal Topics
- Remise De Biens, Court Discretion, Degrèvement
Case Brief
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Parties
Mickhael
Debtor
Procedural Posture
Bankruptcy / Application for Remise De Biens
Legal Issues
- 1 Whether the court should exercise its discretion to allow remise de biens instead of proceeding to degrèvement
Ratio Decidendi
The court's discretion in granting remise de biens should be exercised in favour of remise when the statutory conditions are met, as it is preferable to degrèvement.
Court Disposition
Remise de biens granted
Orders
- Remise de biens allowed in preference to degrèvement
Full Case Text
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