O'Brien v Farrell [2018] IEHC 524 (28 July 2018)
The bankruptcy summons was obtained while a protective certificate was in force and the applicant was a creditor to whom s. 96(1) applied; therefore, the applicant was debarred from applying for the bankruptcy summons and it must be dismissed pursuant to s. 8(6) of the Bankruptcy Act, 1988.
- Citation
- [2018] IEHC 524
- Parties
- Applicant: Martin O'Brien; Respondent: James Farrell
- Jurisdiction
- Ireland
- Judgment Date
- 28 July 2018
- Procedural Posture
- Bankruptcy Application / Application to Dismiss Bankruptcy Summons
- Outcome
- Bankruptcy summons dismissed
- Legal Topics
- Protective Certificate, Personal Insolvency Arrangement, Bankruptcy Summons, Creditor Action
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Martin O'Brien
Applicant
James Farrell
Respondent
Procedural Posture
Bankruptcy Application / Application to Dismiss Bankruptcy Summons
Legal Issues
- 1 Whether a bankruptcy summons can be issued while a protective certificate is in force under the Personal Insolvency Act, 2012
- 2 Whether notice of extension of a protective certificate is required to bind creditors
- 3 Timeliness of application to dismiss bankruptcy summons
Ratio Decidendi
The bankruptcy summons was obtained while a protective certificate was in force and the applicant was a creditor to whom s. 96(1) applied; therefore, the applicant was debarred from applying for the bankruptcy summons and it must be dismissed pursuant to s. 8(6) of the Bankruptcy Act, 1988.
Court Disposition
Bankruptcy summons dismissed
Orders
- Bankruptcy summons against respondent dismissed pursuant to s. 8(6) of the Bankruptcy Act, 1988
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment