High Court grants the Official Assignee sanction to sell a dwelling house and property co-owned by a discharged bankrupt and his estranged wife, carriage of the sale of the property and an order for possession of the property appropriate, but directs that all of the orders should be stayed for two years in light of the interests of the creditors, the estranged wife and their children.
Bankruptcy – application of Official Assignee to sell a dwelling house and property of discharged bankrupt – property jointly owed by the discharged bankrupt and his estranged wife – discharged bankrupt does not live in the property - subject of a barring order – four children - sum of approximately €275,000.00 due under the mortgage on date application issued – now approximately €261,000.00 due under the mortgage (including a sum of approximately €53,000.00 by way of arrears – property valued at €400,000.00 – bankruptcy proceedings - Official Assignee’s application - adjournment application – estranged wife residing in the property with her four dependant children – no alternative accommodation – Official Assignee would agree to a postponement of the sale of the property under s. 61(5) for a period of up to two years - factors to be taken into account in determining whether sanction should be given for the sale of the property by the Official Assignee - balance the interests of the parties – Court satisfied that sanction should be given for the sale of the property but postponed for 2 years - order granting carriage of the sale of the property to the Official Assignee - an order that certain accounts and enquiries be taken and made in the Examiner’s Office is not necessary - order for possession of the property appropriate but should be stayed as well – Court has power to vary the orders – sanction for sale of property given –