High Court, in an application by the Official Assignee seeking the sale of the family home and seeking to extend the term of bankruptcy of an individual who did not assist in the bankruptcy, rules that the family home should be sold, but with a stay put on the sale for one year, and that the bankruptcy should be extended to February 2019 so as the court can have further information on its progress.
Official Assignee issued two motions which were heard together in the bankruptcy of the bankrupt - first motion sought an order pursuant to s. 61 of the Bankruptcy Act 1988 seeking the sale of the family home - second motion sought an order that he not be discharged from bankruptcy until after an investigation - bankrupt was adjudicated bankrupt on the 4th July, 2016 - bankrupt has not cooperated in any way in the administration of his bankruptcy - wife of bankrupt was a notice party and represented herself - petitioning creditor bank obtained a judgment against the bankrupt on 4th March, 2013 in the sum of €1,296,114.47 and claims to be a creditor for in excess of €1.5 million - Official Assignee may not dispose of the family home of a bankrupt or of the bankrupt’s spouse without obtaining the prior sanction of the court to the disposition - court is asked to balance the interests of the creditors against the interests of the spouse and dependents of the bankrupt - consideration of Family Home Protection Act 1976, s.31 of the Land and Conveyancing Law Reform Act, 2009 and s.61 of the Bankruptcy Act, 1988 - order for sale made but stay put on sale for one year - clear case for making an order postponing the discharge from bankruptcy of the bankrupt - motion adjourned to February 2019 to allow Official Assignee to deliver affidavit updating the Court in relation to progress of bankruptcy.