High Court grants extension to Sean Dunne’s bankruptcy

Official assignee Chris Lehane wants extension over alleged non-cooperation by Mr Dunne

Official assignee Chris Lehane wants an extension of the bankruptcy over alleged non-cooperation by Sean Dunne with Mr Lehane, who is administering his bankruptcy here.
Official assignee Chris Lehane wants an extension of the bankruptcy over alleged non-cooperation by Sean Dunne with Mr Lehane, who is administering his bankruptcy here.

The High Court has granted a temporary order extending developer Sean Dunne’s bankruptcy pending further order.

Official assignee Chris Lehane wants an extension of the bankruptcy over alleged non-cooperation by Mr Dunne with Mr Lehane, who is administering his bankruptcy here.

The temporary extension applies pending a hearing concerning whether any extension, which can be for a maximum five years period, should be granted.

Mr Dunne was adjudicated bankrupt by the High Court in June 2013 over default on loans of some € 164 million issued to buy properties in Dublin.

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The developer was due to exit bankruptcy at the end of the month, Edward Farrelly, for Mr Lehane, told Ms Justice Caroline Costello at the High Court on Monday.

The judge granted the ex-parte application (one side only present) to extend the bankruptcy pending further order.

Application

Counsel said solicitors for Mr Dunne had been informed of the intention to seek an extension.

The judge adjourned the application for mention in October.

Under bankruptcy laws, the official assignee can seek an order from the High Court extending the period of bankruptcy for a maximum period of five years.

Ulster Bank petitioned the High Court in February 2013 to have Mr Dunne adjudicated bankrupt here over default on loans of some € 164 million.

The following month, Mr Dunne filed for bankruptcy in the US state of Connecticut when he claimed to have debts of $1 billion and assets of $55 million.

In July 2013, he was adjudicated bankrupt in Ireland.

When the High Court refused an application by Mr Dunne in December 2013 to set aside that adjudication, he appealed to the Supreme Court.

Last year, a three judge Supreme Court rejected claims by the now US based developer adjudication of bankruptcy cannot stand on grounds including his having previously filed for bankruptcy in the US. Irish bankruptcy laws, he argued, do not allow for a double or dual bankruptcy findings in different jurisdictions.

Ulster Bank and Nama, Mr Dunne’s largest creditor, opposed his appeal and argued the Irish adjudication should remain undisturbed