Bankruptcy

The Court of Appeal has determined that the official assignee did not disclaim his interest in High Court proceedings by failing to positively “claim” them during an appellant’s bankruptcy. Delivering judgment for the Court of Appeal, Ms Justice Nuala Butler remarked: “It mig

Northern Ireland's High Court has determined that a personal injury settlement which a man received two years before his bankruptcy did not form part of the bankruptcy estate. The court found that the sum satisfied a statutory exception, and should be excluded because it represented provisions neces

Darren Toombs, partner at Carson McDowell, provides an update on the Bankruptcy Court as it reopens its doors to creditor bankruptcy petitions — albeit at additional cost to business and trade creditors — while corporate winding up petitions remain in limbo. As we start a new court term

Restrictions on the presentation of new creditors' bankruptcy petitions in Northern Ireland will be lifted in certain cases from this September. Under a new protocol, petitions will only be accepted where the petition debt is grounded on a court judgment, decree or other court order, a copy of which

Northern Ireland’s High Court has dismissed a man's claim to reverse a bankruptcy order where it was argued that his delay in selling cattle had been caused by pending litigation and the pandemic. In addition, the debtor's request for an extension of time to set aside the statutory demand upon

A recent Court of Appeal judgment, In the matter of a Bankruptcy Petition by Allied Irish Banks PLC v Flynn [2022] IECA 60, confirms that the Rules of the Superior Courts can be used to substitute a creditor in bankruptcy proceedings. The background of this case was that AIB sold a debt to Everyday

The High Court has dismissed a bankrupt’s application to show cause against his adjudication after he refused to attend a remote hearing despite being at his computer and sending emails to the court. The court also granted an application by the Official Assignee to extend the period of bankrup

The High Court has adjudged a husband and wife bankrupt in a dispute arising from a breakdown in relations between shareholders. Background

The Court of Appeal has ruled that the co-founder of Bula Mine, who failed in his bankruptcy appeal, must pay costs. Background

Jacci Fox, head of the debt and asset recovery unit at HOMS Solicitors, examines what is required for a debtor to succeed in dismissal of bankruptcy summons. We recently acted in a rather protracted bankruptcy case on behalf of the Collector General of the Revenue Commissioners. The debtor in this c