Danske Bank A/S T/A Danske Bank v Mullaney (Approved) [2021] IEHC 669 (27 October 2021)

Danske Bank A/S T/A Danske Bank v Mullaney (Approved) [2021] IEHC 669 (27 October 2021)

The statutory criteria for bankruptcy adjudication are satisfied, alternatives to bankruptcy are unsuitable, and the defences advanced do not bar adjudication.

Citation
[2021] IEHC 669
Parties
Petitioning Creditor: Danske Bank A/S Trading as Danske Bank; Debtor: Thomas Gerard Mullaney; Debtor: Breege Mullaney
Jurisdiction
Ireland
Judgment Date
27 October 2021
Procedural Posture
Bankruptcy Petition / Final Judgment
Outcome
debtors adjudicated bankrupt
Legal Topics
Adjudication of Bankruptcy, Personal Insolvency Arrangements, Creditor's Entitlement, Defences to Bankruptcy
Bankruptcy Insolvency Adjudication of Bankruptcy Personal Insolvency Arrangements Creditor's Entitlement Defences to Bankruptcy

Case Brief

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Parties

Danske Bank A/S Trading as Danske Bank

Petitioning Creditor

Thomas Gerard Mullaney

Debtor

Breege Mullaney

Debtor

Procedural Posture

Bankruptcy Petition / Final Judgment

Legal Issues

  1. 1 Whether the statutory criteria for adjudication of bankruptcy are satisfied
  2. 2 Whether alternatives to bankruptcy are suitable
  3. 3 Whether defences advanced by debtors bar adjudication

Ratio Decidendi

The statutory criteria for bankruptcy adjudication are satisfied, alternatives to bankruptcy are unsuitable, and the defences advanced do not bar adjudication.

Court Disposition

debtors adjudicated bankrupt

Orders

  • Each debtor adjudicated bankrupt