Former solicitor discharged from bankruptcy by High Court | BreakingNews.ie

The High Court has discharged a former solicitor from bankruptcy.

In 2017 John Tobin was adjudicated as bankrupt by the court following a summons issued by the Revenue Commissioners after it got judgments for €405,808 against him.

He was due to be discharged from bankruptcy in 2018.

However he remained bankrupt after the official in charge of his bankruptcy, 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 with the OA regarding his assets.

The OA obtained an order from the High Court 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.

Both the Court of Appeal and the Supreme Courts 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.

Mr Farrelly said the matter had gone on longer than had been anticipated.

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

Mr Farrelly added that other relevant parties, including Revenue which sought to have Mr Tobin adjudicated as bankrupt, was not opposing the settlement agreement.

Mr Farrelly said the court could also formally discharge Mr Tobin 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 added.

In all the circumstances, the court was satisfied to strike out the OA’s motions, and formally grant an order allowing Mr Tobin to exit his bankruptcy.