In the Matter of Michael McDaid & in the Matter of Charles McDaid (Approved) [2021] IEHC 293 (05 May 2021)

The statutory criteria for adjudication in bankruptcy under s. 11(1) of the Bankruptcy Act 1988 were satisfied, the debtors failed to show any legally cognisable ground to the contrary, and there was no basis for recusal; therefore, the court was required to adjudicate the debtors bankrupt.

Citation: [2021] IEHC 293
Parties: Petitioner Creditor: David McLaughlin; Debtor Respondent: Michael McDaid; Debtor Respondent: Charles McDaid
Jurisdiction: Ireland
Judgment Date: 05 May 2021
Procedural Posture: Bankruptcy Petition / Judgment on Petition and Recusal Application
Outcome: petitions granted; recusal application refused; debtors adjudicated bankrupt
Legal Topics: Adjudication of Bankruptcy, Recusal Application, Service of Process, Statutory Criteria for Bankruptcy

Bankruptcy Insolvency Adjudication of Bankruptcy Recusal Application Service of Process Statutory Criteria for Bankruptcy

Case Brief

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Parties

David McLaughlin

Petitioner Creditor

Michael McDaid

Debtor Respondent

Charles McDaid

Debtor Respondent

Procedural Posture

Bankruptcy Petition / Judgment on Petition and Recusal Application

Legal Issues

1 Whether the statutory criteria for adjudication in bankruptcy are met
2 Whether there is a basis for recusal of the judge

Ratio Decidendi

Court Disposition

petitions granted; recusal application refused; debtors adjudicated bankrupt

Orders

Recusal application refused
Each debtor adjudicated bankrupt