Courts / Limerick / Report
Supreme Court echoes concerns on bankruptcy code
Summary
The Supreme Court dismissed former solicitor John Tobin's appeal against his adjudged bankruptcy, which stemmed from €405,808 in secured judgments by the Revenue Commissioners. In its decision, the five‑judge Court held that an overstatement of debt must lead to dismissal of a bankruptcy summons if the debtor can show the overstatement is real and substantial. The court ruled that the summons must be dismissed even when the undisputed portion exceeds the €20,000 threshold. Mr Tobin had appealed a High Court refusal to dismiss a 2016 bankruptcy summons served under the 1988 Bankruptcy Act and the subsequent adjudication of him bankrupt. He claimed the sum sought was incorrect because he was due a €71,030 refund from Revenue for alleged overpayment of stamp duty. The Supreme Court found no basis for allowing the appeal, noting that Mr Tobin's application to dismiss the summons was out of time and that the debt overstatement did not justify dismissal.
Who, what, where, when and why
What: Report matter: Supreme Court echoes concerns on bankruptcy code. Procedural stage: appeal
When:
- September 2011 Hearing Or Sentence
- January 2015 Hearing Or Sentence
- November 2016 Other
- February 2009 Hearing Or Sentence
- 2022-02-02 Publication
Why: He claimed that the sum sought by Revenue was incorrect because he was due a refund from it of €71,030, plus interest, from February 2009, for reasons including alleged "overpayment" of stamp duty made from his own resources to Revenue on behalf of a client. CNI source report
Places mentioned
- The Supreme Court
- High Court
- Court of Appeal
- Robert Street
- Limerick
Topics
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