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Bald assertions are insufficient to dismiss bankruptcy summons

By: Ian Fitzharris BL

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High Court refuses debtor's application to dismiss bankruptcy summons brought by creditor, on the grounds that no issues arise for trial in respect of the summons in circumstances where the debtor, despite now making arguments in respect of the alleged overcharging of interest by the creditor, failed to make any such arguments at the hearing of the successful summary judgment application, and where a bald assertion of him not being indebted to the creditor in any amount above €20,000 cannot be accepted.

Bankruptcy - debtor's application to dismiss bankruptcy summons - legislative provisions - test to be applied - order for summary judgment in commercial list of High Court without order for stay - appeal pending to Court of Appeal - creditor agreed not to pursue its petition until after determination of appeal - challenge to receiver's appointment - issue as to validity of security granted to lender cannot arise in relation to validity of bankruptcy summons - assertion of being overcharged interest on loans - applicant expressly asked by trial Judge in summary judgment application whether applicant had any issue with interest to which he replied that he did not - obligation to bring forward all arguments at trial of action - creditor afforded debtor with proceeds of sale and credit for rent collected by receiver - alleged inconsistent versions of statement of account - bankruptcy summons does not claim a sum greater than that actually owing to creditor - no issue could arise for trial in respect of bankruptcy summons - bald assertion of not being indebted to creditor above €20,000 cannot be accepted - application refused.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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