In the matter of Maurice Muldoon - Petitioning Debtor
| Jurisdiction | Northern Ireland |
| Judge | Master Kelly |
| Judgment Date | 13 May 2016 |
| Neutral Citation | [2016] NIMaster 5 |
| Court | High Court (Northern Ireland) |
| Date | 13 May 2016 |
1
2015/005826
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION (BANKRUPTCY)
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IN THE MATTER OF MAURICE MULDOON – PETITIONING DEBTOR
Master Kelly
Introduction
[1] This is a cross-border insolvency case in which the petitioner seeks a bankruptcy
order in Northern Ireland on foot of his own petition. The petition was presented by
him on 15th January 2015. Unusually, the petition took a very long time to be heard.
There were various reasons for this, but it was mostly due to the fact that at the
earlier stages of the proceedings the petitioner appeared as a litigant in person before
opting to avail of legal representation. This, together with other factors such as
compliance with the court’s directions and the availability of the parties (including
the court) meant that this case only came on for hearing on 16th February 2016 and
18th April 2016. At those hearings the petitioner was represented by Mr McCausland.
[2] According to the petitioner’s statement of affairs, he is indebted to creditors in the
sum of around €2.6m. That indebtedness arises mostly from onerous property debt
in the Republic of Ireland, but personal guarantees are also involved. These
guarantees were given by the petitioner on behalf of one of his companies, Cantec
North East Ltd. Cantec North East Ltd went into Examinership in the Republic of
Ireland in or about January 2011. Mr Barry Forrest, an Insolvency Practitioner both
in Northern Ireland and the Republic of Ireland, was appointed Liquidator of the
company. He subsequently advised the petitioner regarding his personal insolvency
in his capacity as a Personal Insolvency Practitioner (“PIP”) in the Republic of
Ireland. The petitioner discloses no significant debts and no assets in this
jurisdiction.
Background
[3] As at 15th January 2015 (this being the relevant date) the petitioner was 46 years
old. He was recently divorced from his wife, Katie, with whom he has 4 children. As
Neutral Citation No: [2016] NIMaster 5
Ref:
20 6
2016NIMaster5
Judgment: approved by the Court for handing down
Delivered:
13/05/16
(subject to editorial corrections)
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