Lowe (A Bankrupt), Re [1988] IEHC 2 (21 September 1988)

Lowe (A Bankrupt), Re [1988] IEHC 2 (21 September 1988)

The court found that John Lowe was solvent at the time of the transfer, the transaction was made in good faith, and there was valuable consideration. Therefore, the transfer was not void under Section 52 of the Bankruptcy (Ireland) Amendment Act, 1872, and Nora Lowe was entitled to the contents as her sole property.

Citation
[1988] IEHC 2
Parties
Bankrupt: John Lowe; Bankrupt/applicant: Nora Lowe; Respondent: Official Assignee
Jurisdiction
Ireland
Judgment Date
21 September 1988
Procedural Posture
Bankruptcy / Judgment
Outcome
application granted
Legal Topics
Voidable Settlements, Solvency, Valuable Consideration, Good Faith Transfers
Bankruptcy Property Law Voidable Settlements Solvency Valuable Consideration Good Faith Transfers

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Parties

John Lowe

Bankrupt

Nora Lowe

Bankrupt/applicant

Official Assignee

Respondent

Procedural Posture

Bankruptcy / Judgment

Legal Issues

  1. 1 Whether the transfer of contents of 27 Lower Baggot Street from John Lowe to Nora Lowe was void under Section 52 of the Bankruptcy (Ireland) Amendment Act, 1872
  2. 2 Whether John Lowe was solvent at the time of the transfer
  3. 3 Whether the transfer was made in good faith and for valuable consideration

Ratio Decidendi

The court found that John Lowe was solvent at the time of the transfer, the transaction was made in good faith, and there was valuable consideration. Therefore, the transfer was not void under Section 52 of the Bankruptcy (Ireland) Amendment Act, 1872, and Nora Lowe was entitled to the contents as her sole property.

Court Disposition

application granted

Orders

  • Declaration that the contents of 27 Lower Baggot Street are the sole property of Nora Lowe.
  • John Lowe and the Official Assignee have no estate or interest in the said contents.