Bankruptcy can't be annulled after discharge, judge finds

The High Court has dismissed an application by a woman from Killala, County Mayo, seeking to annul her bankruptcy following a mortgage overcharging dispute with Bank of Ireland. Ms Justice Teresa Pilkington found the court lacked jurisdiction to grant the annulment, despite acknowledging the considerable distress the applicant had endured. The judge noted that issues arising from the bank's admitted error fell outside the bankruptcy process itself. Bank of Ireland had overcharged the applicant on mortgage repayments between 2012 and 2017, leading to home repossession and her subsequent bankruptcy petition in October 2017. The bank later apologised, withdrew a €115,000 claim, and acknowledged responsibility for her losses. However, the judge found that no fraud or abuse of process had occurred, and that section 135 of the Bankruptcy Act 1988 precluded review of a discharge order already made. The court determined any redress must be pursued separately from bankruptcy proceedings.