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The Court of Appeal has allowed an appeal from the High Court, and set aside orders of the High Court disallowing the acceptance by the Official Assignee in Bankruptcy of a proof of debt submitted by the Revenue Commissioners in the administration of a bankrupt's estate. The High Court had found that the bankrupt was not given a reasonable opportunity to dispute the revised proof of debt before it was admitted. However, the Court of Appeal determined that the bankrupt was aware of the extent of his indebtedness and that his dispute pertained to the treatment of this debt within the bankruptcy process, not the existence of the debt itself.
Bankruptcy, Official Assignee (OA), Revenue Commissioners, proof of debt, adjudication, secured creditor, Court of Appeal, High Court, Bankruptcy Act 1988, debt dispute, election rights, administration of estate, revised proof of debt, disallowance, appeal, secured creditor options, Statement of Affairs (SOA).
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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