Official Receiver v Ian Roderick Gibson
Jurisdiction | Northern Ireland |
Judge | Master Kelly |
Judgment Date | 27 February 2015 |
Neutral Citation | [2015] NIMaster 4 |
Date | 27 February 2015 |
Year | 2015 |
Court | Chancery Division (Northern Ireland) |
1
Neutral Citation No. [2015] NIMaster 4 Ref:
11/11/075723
11/073723/01
Judgment: approved by the Court for handing down
Delivered:
27/02/2015
(subject to editorial corrections)*
11/075723/01
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION (BANKRUPTCY)
RE: IAN RODERICK GIBSON - BANKRUPT
BETWEEN:
The Official Receiver
Applicant:
and
Ian Roderick Gibson
Respondent:
MASTER KELLY
INTRODUCTION
[1] This is an application by the official receiver for a Bankruptcy Restrictions Order
(“BRO”) to be made against Mr Gibson under Article 255A and Schedule 2A of the
Insolvency (Northern Ireland) Order 1989, as amended by the Insolvency (Northern
Ireland) Order 2005. In his application the official receiver contends that Mr Gibson
was guilty of culpable misconduct in or about the conduct of his financial affairs
alleging specifically that he “was unreasonably extravagant and that this materially
contributed to his Bankruptcy”.
[2] Mr Gibson was adjudicated bankrupt on 30th June 2011 on foot of his own
petition. Ordinarily, by virtue of the relevant statutory provisions, he was due to
receive a statutory discharge from bankruptcy on 30th June 2012 thereby releasing
him from the various disabilities and restrictions of bankruptcy. That statutory
discharge is however subject to a right on the part of the official receiver to seek
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