High Court hears application on Brian O’Donnell’s bankruptcy

The official administering the bankruptcy of retired solicitor Brian O'Donnell and his wife wants the High Court to extend the bankruptcy term over their alleged non-co-operation.

Pending the outcome of the extension application by official assignee Chris Lehane, Mr Justice Raymond Fullam agreed on Monday to extend the couple's bankruptcy period, due to end later this month.

The O’Donnells oppose any extension and deny any non co-operation.

Should the court agree to extend the term, the length of that extension will be decided by the court. The maximum period a bankruptcy may be extended is five years.

Edward Farrelly BL, for Mr Lehane, said the grounds for the extension application included the couple’s failure to file a statement of affairs until two and a half years after they were adjudicated bankrupt.

Extension application

The hearing of the extension application is expected to run for up to two days and is unlikely to be heard until October at the earliest.

Representing himself, Brian O’Donnell said both he and his wife were opposing any extension of their bankruptcy, including ther interim extension sought pending the full hearing. His wife is seriously ill and could not be in court, he said.

He said he and his wife had been subject to insolvency for some six years and it would not be fair on them if this was to be extended.

They had “answered all the questions” put to them by Mr Lehane, he said. “I don’t know what else we are supposed to do.”

As part of the application to extend, Mr O'Donnell said he would be seeking to do a number of things, including cross-examine Mr Lehane. He also wanted to be provided with documents from Bank of Ireland (which in 2013 petitioned the court to have the O'Donnells declared bankrupt).

Sworn statement

Mr O’Donnell will also seek to have part or all of a sworn statement included in the extension application struck out.

Mr Lehane, he said, had delayed and waited till the last minute before bringing this application to extend the bankruptcy.

In reply, Mr Farrelly said there was noting unusual in making an application to extend the period of bankruptcy when it was just about to end. The entire period of the bankruptcy has to be looked at, counsel said.

Mr Justice Fullam said he would grant an interim order extending the O’Donnells’ bankruptcy and directed the matter be heard as soon as possible. The application will be mentioned before the court next week.

The O’Donnells were adjudicated bankrupt by the High Court in August 2013 and lost their appeal against that decision in February 2015.

Bank of Ireland applied to have the couple declared bankrupt after they failed to satisfy a judgment for €71.57m obtained by Bank of Ireland in December 2011.