Hoare & anor A Bankrupt [2016] IEHC 345 (20 June 2016)

Hoare & anor A Bankrupt [2016] IEHC 345 (20 June 2016)

The debtors failed to discharge the onus of proof that there was a clear unambiguous promise by the petitioner not to seek recourse to their family home or farm; there is no documentary evidence or sufficient detail to support the estoppel claim, and the requirements of the Bankruptcy Act 1988, as amended, have been satisfied by the petitioner.

Citation
[2016] IEHC 345
Parties
Petitioner: Allied Irish Banks plc; Debtor: Mary Hoare; Debtor: Michael Hoare
Jurisdiction
Ireland
Judgment Date
20 June 2016
Procedural Posture
Bankruptcy Petition / Hearing of Petition for Adjudication as Bankrupt
Outcome
Petitions granted; both debtors adjudicated bankrupt.
Legal Topics
Adjudication of Bankruptcy, Promissory Estoppel, Personal Guarantees, Recourse to Secured Property
Bankruptcy Insolvency Law Adjudication of Bankruptcy Promissory Estoppel Personal Guarantees Recourse to Secured Property

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Parties

Allied Irish Banks plc

Petitioner

Mary Hoare

Debtor

Michael Hoare

Debtor

Procedural Posture

Bankruptcy Petition / Hearing of Petition for Adjudication as Bankrupt

Legal Issues

  1. 1 Whether the petitioner is estopped from seeking to bankrupt the debtors based on alleged promises not to enforce against their family home or farm
  2. 2 Whether the requirements of ss. 11 and 14 of the Bankruptcy Act 1988, as amended, have been satisfied

Ratio Decidendi

The debtors failed to discharge the onus of proof that there was a clear unambiguous promise by the petitioner not to seek recourse to their family home or farm; there is no documentary evidence or sufficient detail to support the estoppel claim, and the requirements of the Bankruptcy Act 1988, as amended, have been satisfied by the petitioner.

Court Disposition

Petitions granted; both debtors adjudicated bankrupt.

Orders

  • Mary Hoare adjudicated bankrupt.
  • Michael Hoare adjudicated bankrupt.