Beacon Capital LTD & Anor v Carew (Approved) [2021] IEHC 767 (10 December 2021)

Beacon Capital LTD & Anor v Carew (Approved) [2021] IEHC 767 (10 December 2021)

The debtor admitted liability exceeding €130,000, failed to pay, and exhausted personal insolvency options; procedural requirements were met and no viable defence was furnished, justifying adjudication of bankruptcy.

Citation
[2021] IEHC 767
Parties
Petitioner: Beacon Capital Limited; Petitioner: Robert Baker; Debtor: Gerard Carew
Jurisdiction
Ireland
Judgment Date
10 December 2021
Procedural Posture
Bankruptcy Petition / Final Adjudication
Outcome
debtor adjudicated bankrupt
Legal Topics
Personal Guarantee, Adjudication of Bankruptcy, Protective Certificate, Debt Admission, Interest Calculation
Bankruptcy Insolvency Personal Guarantee Adjudication of Bankruptcy Protective Certificate Debt Admission Interest Calculation

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Parties

Beacon Capital Limited

Petitioner

Robert Baker

Petitioner

Gerard Carew

Debtor

Procedural Posture

Bankruptcy Petition / Final Adjudication

Legal Issues

  1. 1 Whether the debtor should be adjudicated bankrupt under the Bankruptcy Act 1988
  2. 2 Whether adjournments and procedural fairness were properly afforded
  3. 3 Whether the debt admitted by the debtor is sufficient for bankruptcy adjudication

Ratio Decidendi

The debtor admitted liability exceeding €130,000, failed to pay, and exhausted personal insolvency options; procedural requirements were met and no viable defence was furnished, justifying adjudication of bankruptcy.

Court Disposition

debtor adjudicated bankrupt

Orders

  • Gerard Carew is adjudicated bankrupt as of 1st November, 2021