McFeely, a Bankrupt [2016] IEHC 299 (01 June 2016)

McFeely, a Bankrupt [2016] IEHC 299 (01 June 2016)

The bankrupt persistently and deliberately failed to cooperate with the Official Assignee, failed to disclose assets, and breached statutory obligations. These grave breaches justify extension of the bankruptcy period to protect the integrity of the bankruptcy process and creditors' interests.

Source-derived case information.

Citation
[2016] IEHC 299
Parties
Bankrupt: Thomas McFeely; Applicant: Official Assignee
Jurisdiction
Ireland
Judgment Date
01 June 2016
Procedural Posture
Bankruptcy Application / Judgment on Extension of Bankruptcy Period
Outcome
Application granted; bankruptcy period extended.
Legal Topics
Extension of Bankruptcy, Failure to Cooperate, Asset Disclosure, Statutory Obligations
Insolvency Bankruptcy Extension of Bankruptcy Failure to Cooperate Asset Disclosure Statutory Obligations

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Parties

Thomas McFeely

Bankrupt

Official Assignee

Applicant

Procedural Posture

Bankruptcy Application / Judgment on Extension of Bankruptcy Period

Legal Issues

  1. 1 Whether the bankrupt failed to cooperate with the Official Assignee
  2. 2 Whether the bankrupt failed to disclose or attempted to hide assets
  3. 3 Whether the period of bankruptcy should be extended under s.85A of the Bankruptcy Act 1988

Ratio Decidendi

The bankrupt persistently and deliberately failed to cooperate with the Official Assignee, failed to disclose assets, and breached statutory obligations. These grave breaches justify extension of the bankruptcy period to protect the integrity of the bankruptcy process and creditors' interests.

Court Disposition

Application granted; bankruptcy period extended.

Orders

  • Bankruptcy of Thomas McFeely extended to 30th May 2020 pursuant to s.85A of the Bankruptcy Act 1988