Business

Former solicitor discharged from bankruptcy after nearly seven years

Judge was informed that an out-of-court agreement had been reached, and the court was satisfied to make an order for John Tobin to exit his bankruptcy

The High Court has discharged a former solicitor from bankruptcy following an out-of-court agreement. Photograph: Bryan O'Brien

Aodhan O'Faolain
Mon Jun 17 2024 - 19:37

The High Court has discharged a former solicitor from bankruptcy.

In November 2017 John Tobin was adjudicated a bankrupt by the court arising from a summons issued by Revenue after it got judgments for some €405,808 against him.

He was due to be discharged from bankruptcy in 2018.

However, he remained a bankrupt after the official in charge of his bankruptcy case, the official assignee (OA), applied to the High Court in 2021 for an extension due to an alleged failure by Mr Tobin to fully co-operate regarding his assets.

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The OA obtained a High Court order extending the bankruptcy on an interim basis pending the determination of motions to extend the bankruptcy and for a bankruptcy payment order. He also appealed the High Court’s 2017 adjudication decision.

The Court of Appeal and the Supreme Courts both dismissed his appeals.

The matter came before Mr Justice Mark Sanfey on Monday, who was informed by Edward Farrelly SC, for the OA, that the parties had settled the matter following detailed out-of-court discussions.

Counsel said the entire bankruptcy process went on longer than anticipated.

However, his client was satisfied with the settlement agreement and wanted the court to strike out its motions seeking to further extend Mr Tobin’s bankruptcy.

Counsel added that other relevant parties, including Revenue, were not opposing the settlement agreement.

Counsel said the court could also formally discharge Mr Tobin, with an address at Cornmarket, Robert Street, Limerick, from bankruptcy.

The judge noted that as part of the settlement Mr Tobin would make a financial contribution to his estate in bankruptcy and that he had also provided the OA with additional documentation and information.

This would be of benefit to Mr Tobin’s creditors, the judge said.

The court was satisfied to strike out the OA’s motions and to formally make an order allowing Mr Tobin to exit his bankruptcy.

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