High Court refuses debtor's application to annul the adjudication of her as bankrupt dated 23rd October 2017, on the grounds that: (a) the bankruptcy has already been discharged automatically and consequently cannot be annulled; and (b) the grounds relied upon by the debtor do no relate directly to the bankruptcy process as set out in legislation.
Application brought by the debtor annulling the adjudication of her as bankrupt dated 23rd October, 2017 - bankruptcy - section 85C of the Bankruptcy Act, 1988 - inherent jurisdiction of the court - the respondents did not consent or object to the application - the debtor applied as a personal debtor to be self-adjudicated bankrupt, pursuant to s. 15 of the Bankruptcy Act, 1988 (as amended) and was adjudicated bankrupt - the bankruptcy automatically discharged twelve months later and a letter formally confirming this position was sent by the Insolvency Service of Ireland to her in January 2019 - on the 1st February, the debtor received a letter from her bank indicating that she had wrongly not been put on a tracker mortgage and providing her with compensation - the Insolvency Service of Ireland indicated in correspondence that it was still an active bankruptcy case with two outstanding creditors and the money would be available to be distributed to them - whether there was an abuse of process - whether there was fraud - debtor argued that she would not have sought the self-bankruptcy process if the indebtedness to the bank had not existed - whether the court can annul the adjudication when it has already been discharged - application refused.