Courts / Kildare / Report

Farmer loses bid to have bankruptcy set aside

Summary

Mr Paul O'Shea, a farmer from Davidstown, Castledermot, lost his High Court bid to set aside his bankruptcy. The High Court had declared him bankrupt on 4 July after Danske Bank petitioned the court, citing a 2013 judgment against him for failing to repay a loan. The bank claimed it was owed €1.487 million. Mr O'Shea challenged the adjudication on several grounds: that the bank was not his creditor, that he had not been served with bankruptcy summons, and that the petition did not comply with the Rules of the Superior Courts. Judge Ms Caroline Costello rejected all these arguments, stating the adjudication was properly sought and obtained. Mr O'Shea had previously been jailed for 100 days in July 2015 for failing to comply with a High Court order to hand over vacant possession of farm buildings to a receiver appointed by Danske Bank.

Who, what, where, when and why

What: Report matter: Farmer loses bid to have bankruptcy set aside. Procedural stage: sentence

When:

• July 2015 Incident
• July 4th Incident
• 2016-12-19 Publication

Places mentioned

Topics

Stage Sentence

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Read the original CNI report