O'Donnell & anor -v- The Governor and Company of the Bank of Ireland & ors [2016] IEHC 10 (18 January 2016)

O'Donnell & anor -v- The Governor and Company of the Bank of Ireland & ors [2016] IEHC 10 (18 January 2016)

Bankrupts are not entitled to compel the Official Assignee or respondents to provide further financial information as they have sufficient information to complete their statements of affairs; the statutory and procedural framework requires bankrupts to use available information and estimates, and the Official Assignee is not obliged to procure information for them.

Citation
[2016] IEHC 10
Parties
Applicant: Brian O'Donnell; Applicant: Mary Patricia O'Donnell; Respondent: Christopher Lehane (Official Assignee); Respondent: The Governor and Company of the Bank of Ireland; Respondent: Bank of Ireland Private Banking; Respondent: Tom Kavanagh
Jurisdiction
Ireland
Judgment Date
18 January 2016
Procedural Posture
Bankruptcy Application Under S. 61(7) Bankruptcy Act 1988 / High Court Judgment on Application for Orders to Compel Provision of Financial Information
Outcome
Application refused
Legal Topics
Statement of Affairs, Obligations of Bankrupt, Role of Official Assignee, Creditor Claims
Insolvency Bankruptcy Statement of Affairs Obligations of Bankrupt Role of Official Assignee Creditor Claims

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Parties

Brian O'Donnell

Applicant

Mary Patricia O'Donnell

Applicant

Christopher Lehane (Official Assignee)

Respondent

The Governor and Company of the Bank of Ireland

Respondent

Bank of Ireland Private Banking

Respondent

Tom Kavanagh

Respondent

Procedural Posture

Bankruptcy Application Under S. 61(7) Bankruptcy Act 1988 / High Court Judgment on Application for Orders to Compel Provision of Financial Information

Legal Issues

  1. 1 Whether bankrupts are entitled to compel respondents to provide detailed financial information to complete statements of affairs
  2. 2 Whether the Official Assignee is obliged to procure information from third parties for bankrupts
  3. 3 Whether failure to provide statements of affairs is justified by lack of information

Ratio Decidendi

Bankrupts are not entitled to compel the Official Assignee or respondents to provide further financial information as they have sufficient information to complete their statements of affairs; the statutory and procedural framework requires bankrupts to use available information and estimates, and the Official Assignee is not obliged to procure information for them.

Court Disposition

Application refused

Orders

  • All reliefs sought against the Official Assignee refused
  • All reliefs sought against the other respondents refused