Mondaq All Regions - Ireland: Insolvency/Bankruptcy/Re-structuring
Mason Hayes & Curran
The European Court of Justice has held that a director of an English company can be liable for breach of German company law where insolvency proceedings are opened in Germany.
Mason Hayes & Curran
The Court of Appeal has helpfully confirmed that a judgment creditor can seek an order appointing a receiver by way of equitable execution where:
Maples and Calder
Many businesses in Ireland borrowed significantly from 2000 to 2008 and much of that borrowing was used to fund property acquisitions.
Maples and Calder
Alternative A of the Cape Town Convention now has the force of law in Ireland, following signing of an Order by the Irish Government on 10 May 2017
Mason Hayes & Curran
The High Court has expressed concern that distressed borrowers are being duped into paying money to the anonymous promoters of schemes, which purport to protect them from enforcement by lenders but are actually 'utterly misguided and spurious'.
Mason Hayes & Curran
Two recent developments may have rendered the Irish legal system less attractive to creditors. We examine the scope of these developments and the likely impact on debt collection activity in Ireland.
Mason Hayes & Curran
Enforcement of loans continues to be a challenge, particularly, enforcement by the purchasers of debt. Equally, there have been helpful developments for secured and unsecured lenders...
Matheson
In two separate cases, following a challenge by a financial institution in each case, the High Court has held that it will set aside protective certificates granted to debtors in personal insolvency...
Mason Hayes & Curran
Simple retention of title clauses are commonplace and generally effective in contracts for the sale of goods. However, extending their effect to the proceeds of sale of such goods requires careful drafting.
Mason Hayes & Curran
A recent Court of Appeal decision in the UK has ruled that individuals facing bankruptcy cannot be forced to hand over their pensions to pay off outstanding debts.
Mason Hayes & Curran
The Residential Tenancies (Amendment) Act 2015 has strengthened the position of tenants and increased the responsibilities and challenges facing receivers appointed by secured lenders...
Mason Hayes & Curran
The proceedings were dismissed as frivolous and vexatious on other grounds.
Mason Hayes & Curran
The High Court has reiterated that cross-examination will not generally be permitted on an interlocutory application, or where there is no conflict of fact on the affidavits.
Mason Hayes & Curran
Following the acquisition of a loan portfolio from Irish Bank Resolution Corporation Limited, Mars Capital Ireland Limited sought an order substituting it as plaintiff in lieu of IBRC, in the proceedings against the defendants.
Mason Hayes & Curran
Two recent judgments have brought further clarity in relation to the rights acquirers of loan portfolios to enforce against borrowers...
Mason Hayes & Curran
The plaintiff (the "Bank") had advanced certain loans to the defendants, which were performing loans at all material times (collectively referred to by the court as the "first loan").
Mason Hayes & Curran
In a recent High Court decision, the validity of the appointment of joint receivers by ACC Loan Management Limited by deed under seal was upheld, and an order for possession in favour of those receivers was made.
Arthur Cox
On 29 January 2016, the Irish bankruptcy term was reduced from 3 years to 1 year.
Mason Hayes & Curran
Bankruptcy law in Ireland is now, broadly speaking, in line with that of the United Kingdom.
Maples and Calder
Robin McDonnell, Saranna Enraght-Moony and Karole Cuddihy provide an analysis of current economic conditions and insolvency case developments in Ireland.
Most Popular Recent Articles
Maples and Calder
Many businesses in Ireland borrowed significantly from 2000 to 2008 and much of that borrowing was used to fund property acquisitions.
Reddy Charlton Solicitors
Charge holders should exercise caution before any attempt is made to crystallise a floating charge.
Matheson
In two separate cases, following a challenge by a financial institution in each case, the High Court has held that it will set aside protective certificates granted to debtors in personal insolvency...
Mason Hayes & Curran
Two recent developments may have rendered the Irish legal system less attractive to creditors. We examine the scope of these developments and the likely impact on debt collection activity in Ireland.
Maples and Calder
Alternative A of the Cape Town Convention now has the force of law in Ireland, following signing of an Order by the Irish Government on 10 May 2017
Mason Hayes & Curran
The proceedings were dismissed as frivolous and vexatious on other grounds.
Matheson
The Personal Insolvency (Amendment) Act 2015 (the "Act") was signed into law on 28 July 2015. It introduces a number of changes to the Personal Insolvency Act 2012 (the "2012 Act").
Arthur Cox
On 29 January 2016, the Irish bankruptcy term was reduced from 3 years to 1 year.
Mason Hayes & Curran
Bankruptcy law in Ireland is now, broadly speaking, in line with that of the United Kingdom.
Mason Hayes & Curran
In a recent High Court decision, the validity of the appointment of joint receivers by ACC Loan Management Limited by deed under seal was upheld, and an order for possession in favour of those receivers was made.
Mason Hayes & Curran
The High Court has reiterated that cross-examination will not generally be permitted on an interlocutory application, or where there is no conflict of fact on the affidavits.
Mason Hayes & Curran
Two recent judgments have brought further clarity in relation to the rights acquirers of loan portfolios to enforce against borrowers...
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