Gladney v P McG [2020] IEHC 152 (02 March 2020)

Gladney v P McG [2020] IEHC 152 (02 March 2020)

The statutory criteria for adjudication of bankruptcy under s. 11(1) of the Bankruptcy Act 1988 have been satisfied. The debtor's proposals for a personal insolvency arrangement have been properly considered and rejected by the sole creditor. No new circumstances or abuse of process exist to justify the court exercising its discretion to adjourn or stay the proceedings for further consideration of alternative arrangements. Therefore, the debtor is adjudicated bankrupt.

Citation
[2020] IEHC 152
Parties
Petitioner: Michael Gladney; Respondent: PMcG; Creditor: Revenue Commissioners
Jurisdiction
Ireland
Judgment Date
02 March 2020
Procedural Posture
Bankruptcy Petition / Judgment on Petition for Adjudication of Bankruptcy
Outcome
debtor adjudicated bankrupt
Legal Topics
Adjudication of Bankruptcy, Personal Insolvency Arrangement, Debt Settlement Arrangement, Court Discretion Under Bankruptcy Act 1988
Insolvency Bankruptcy Adjudication of Bankruptcy Personal Insolvency Arrangement Debt Settlement Arrangement Court Discretion Under Bankruptcy Act 1988

Case Brief

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Parties

Michael Gladney

Petitioner

PMcG

Respondent

Revenue Commissioners

Creditor

Procedural Posture

Bankruptcy Petition / Judgment on Petition for Adjudication of Bankruptcy

Legal Issues

  1. 1 Whether the criteria under s. 11(1) of the Bankruptcy Act 1988 have been satisfied for adjudication of bankruptcy
  2. 2 Whether the debtor's inability to meet his engagements could more appropriately be dealt with by means of a Personal Insolvency Arrangement under s. 14(2) of the Bankruptcy Act 1988
  3. 3 Whether the court should exercise its discretion to adjourn or stay the proceedings to allow further consideration of a phased payment application or other arrangement

Ratio Decidendi

The statutory criteria for adjudication of bankruptcy under s. 11(1) of the Bankruptcy Act 1988 have been satisfied. The debtor's proposals for a personal insolvency arrangement have been properly considered and rejected by the sole creditor. No new circumstances or abuse of process exist to justify the court exercising its discretion to adjourn or stay the proceedings for further consideration of alternative arrangements. Therefore, the debtor is adjudicated bankrupt.

Court Disposition

debtor adjudicated bankrupt

Orders

  • Debtor PMcG is adjudicated bankrupt.