Matthew Moore
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Does the recent ruling in O'Donnell regarding Gorse Hill mean that repossessions will be streamlined?
I presume if the bank and bankrupt reach an agreement then this will have no effect. However, I wonder what will happen in cases where the OA washes his hands of the property and leaves the bank to pursue possession.
Costello J said that, as the interest in the property vested in the OA, the O'Donnells had no right to defend actions against it.
http://www.rte.ie/news/2015/1022/736814-gorse-hill-trespassing/
I presume if the bank and bankrupt reach an agreement then this will have no effect. However, I wonder what will happen in cases where the OA washes his hands of the property and leaves the bank to pursue possession.
Costello J said that, as the interest in the property vested in the OA, the O'Donnells had no right to defend actions against it.
http://www.rte.ie/news/2015/1022/736814-gorse-hill-trespassing/
The law in Ireland, and in England and Wales, is that bankrupts cannot defend proceedings which relate to "things in action", such as properties which form part of their estates and which are not "personal" to bankrupts, she said.
The O'Donnells' defences and counterclaim all relate to the estate vested in Mr Lehane, she said.
The O'Donnells' defences and counterclaim all relate to the estate vested in Mr Lehane, she said.