Courts / Mayo / Report
Bankruptcy can't be annulled after discharge, judge finds
Summary
The High Court has dismissed Deirdre Dennis's application to annul her bankruptcy, a status she claimed resulted from Bank of Ireland (BOI) overcharging her on mortgage repayments. Ms Justice Teresa Pilkington expressed considerable sympathy for the distress Ms Dennis endured but found the court lacked jurisdiction to grant the annulment. The judge determined that the alleged errors by BOI, which the bank admitted after Ms Dennis's discharge, lay outside the bankruptcy process. Ms Dennis had lost her family home in Killala, Co Mayo, after BOI sought repossession in 2015 following arrears. She successfully petitioned for bankruptcy in October 2017 and was discharged 12 months later. In 2019, BOI apologized for failing to provide a tracker rate and withdrew a €115,000 claim in her bankruptcy. However, the judge noted that Section 135 of the 1988 Bankruptcy Act precludes the review or cancellation of a discharge order. The court found no fraud or abuse of process, which are the grounds for reversing bankruptcy orders. The Insolvency Service of Ireland was found to have acted properly. Consequently, the application was dismissed as misconceived, with the judge noting that any redress against BOI lies elsewhere.
Who, what, where, when and why
What: Report matter: Bankruptcy can't be annulled after discharge, judge finds. Charges or matters: application to annul bankruptcy. Procedural stage: charge_or_pretrial
When:
- June 2012 Hearing Or Sentence
- December 2017 Hearing Or Sentence
- October 2017 Hearing Or Sentence
- 2020-05-19 Publication
Case subjects
Applicant
Charges: application to annul bankruptcy (Alleged Or Contested)
Outcome: dismissed
Places mentioned
- The High Court
- High Court
- Seaview Terrace
- Killala Road
Topics
Fraud Stage Charge Or Pretrial
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