Kilduff v K.J. (Approved) [2021] IEHC 709 (23 November 2021)

Kilduff v K.J. (Approved) [2021] IEHC 709 (23 November 2021)

The statutory requirements for adjudication in bankruptcy were satisfied on the evidence, no valid defence was established by the debtor, alternatives to bankruptcy were not appropriate given the time already afforded, and an immediate order of adjudication was warranted.

Citation
[2021] IEHC 709
Parties
Petitioning Creditor: Emmett Kilduff; Debtor: K. J.
Jurisdiction
Ireland
Judgment Date
23 November 2021
Procedural Posture
Bankruptcy Petition / Judgment on Petition for Adjudication in Bankruptcy
Outcome
debtor adjudicated bankrupt
Legal Topics
Adjudication in Bankruptcy, Creditor's Petition, Defences to Bankruptcy, Alternatives to Bankruptcy, Adjournment of Proceedings
Bankruptcy Insolvency Law Civil Procedure Adjudication in Bankruptcy Creditor's Petition Defences to Bankruptcy Alternatives to Bankruptcy Adjournment of Proceedings

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Parties

Emmett Kilduff

Petitioning Creditor

K. J.

Debtor

Procedural Posture

Bankruptcy Petition / Judgment on Petition for Adjudication in Bankruptcy

Legal Issues

  1. 1 Whether the statutory requirements for adjudication in bankruptcy are satisfied
  2. 2 Whether alternatives to bankruptcy are appropriate
  3. 3 Whether a defence to the petition has been established

Ratio Decidendi

The statutory requirements for adjudication in bankruptcy were satisfied on the evidence, no valid defence was established by the debtor, alternatives to bankruptcy were not appropriate given the time already afforded, and an immediate order of adjudication was warranted.

Court Disposition

debtor adjudicated bankrupt

Orders

  • The debtor is adjudicated bankrupt.