Re: Patrick J. Daly (a bankrupt) [2018] IEHC 579 (15 October 2018)

Re: Patrick J. Daly (a bankrupt) [2018] IEHC 579 (15 October 2018)

The bankrupt's failure to cooperate with the Official Assignee, including deliberate non-disclosure of address, failure to provide statements and documentation, refusal to explain transactions, and concealment of assets, justified postponement of discharge from bankruptcy to the tenth anniversary of adjudication under s. 85A(4).

Citation
[2018] IEHC 579
Parties
Bankrupt: Patrick J. Daly; Applicant: Official Assignee
Jurisdiction
Ireland
Judgment Date
15 October 2018
Procedural Posture
Bankruptcy Application / Application to Postpone Automatic Discharge From Bankruptcy
Outcome
Application granted. Automatic discharge from bankruptcy postponed.
Legal Topics
Postponement of Discharge, Non Cooperation With Official Assignee, Concealment of Assets, Section 85 a Bankruptcy Act 1988
Insolvency Bankruptcy Postponement of Discharge Non Cooperation With Official Assignee Concealment of Assets Section 85 a Bankruptcy Act 1988

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Patrick J. Daly

Bankrupt

Official Assignee

Applicant

Procedural Posture

Bankruptcy Application / Application to Postpone Automatic Discharge From Bankruptcy

Legal Issues

  1. 1 Whether the bankrupt failed to cooperate with the Official Assignee in the realisation of assets
  2. 2 Whether the bankrupt hid or failed to disclose income or assets to the Official Assignee
  3. 3 Whether the automatic discharge from bankruptcy should be postponed and for what duration

Ratio Decidendi

The bankrupt's failure to cooperate with the Official Assignee, including deliberate non-disclosure of address, failure to provide statements and documentation, refusal to explain transactions, and concealment of assets, justified postponement of discharge from bankruptcy to the tenth anniversary of adjudication under s. 85A(4).

Court Disposition

Application granted. Automatic discharge from bankruptcy postponed.

Orders

  • Bankruptcy shall stand discharged on the tenth anniversary of the date of adjudication, 23rd November 2025.