Debt Problems | Bankruptcy

Bankruptcy order rescinded due to bankrupt’s failure to make full disclosure 

The High Court recently, for the first time in Ireland, rescinded a bankruptcy order it had previously made. The case involved an Estonian businessman who filed a petition for bankruptcy in the Irish High Court in June 2021. The High Court granted the order and declared him bankrupt. However, an Estonian creditor, OBI, who had …

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Definition of ‘consumer’ to be decided by the Supreme Court-important consequences for borrowers defending claims against them

The Supreme Court is to hear an appeal by a couple who have lost their debt claim proceedings in the High Court and the Court of Appeal. The outcome of the Supreme Court hearing could have significant consequences for all borrowers in Ireland. The significant question the Supreme Court will be answering is the meaning …

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Lis Pendens struck out by the High Court due to “inordinate and inexcusable delay” in advancing the legal proceedings

The Kehoes owed Promontoria (Aran) Limited in excess of €3.2M by December 2020. They had borrowed money from Ulster Bank Ireland DAC in 2008, 2010 and 2011 and were unable to repay. In February 2015 Ulster Bank transferred all of their interest and entitlements in the loans to Promontoria (Aran) Limited. In October 2015 Promontoria …

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3 Protestors jailed for contempt of court in Strokestown land dispute case with KBC Bank Ireland

Three protestors involved in a bitter dispute in Strokestown, Roscommon between KBC Bank Ireland plc and the McGanns, the borrowers, were jailed by Justice Reynolds in the High Court in December 2020. Background The McGanns owned property in Strokestown, Roscommon and had borrowed money from KBC. They fell into difficulty as to repaying the money …

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Lay litigant succeeds in having Circuit Court order for repossession quashed by the High Court

A Wexford woman succeeded in the High Court with an application to set aside a Circuit Court order for possession of the family home. In February 2019 the Circuit Court in Wexford was satisfied that the papers and proofs were in order and granted the order for possession to the lender. Ms Cody claimed that …

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