Woman overcharged by BOI fails in appeal to annul bankruptcy

The Court of Appeal has upheld a High Court decision refusing to annul the bankruptcy of a Ballina woman who alleged she was overcharged on her mortgage by Bank of Ireland. The three-judge court, comprising Ms Justice Caroline Costello, Mr Justice Brian Murray and Mr Justice Donald Binchy, dismissed the appeal brought by the woman, represented by solicitor Evan O'Dwyer. Although Ms Justice Costello acknowledged that BOI had substantially overstated the woman's liabilities between 2012 and 2017, the court found she remained clearly insolvent in October 2017 when adjudicated bankrupt. The judge stated that annulment requires extremely compelling reasons and that insolvency proceedings must consider implications for all creditors. Bank of Ireland has since acknowledged its error, apologised unreservedly, and withdrawn a claim totalling €115,000 from the bankruptcy proceedings. The woman was discharged from bankruptcy in 2018 and has since received compensation and redress from the bank.