Court rejects woman's application to have her estranged husband's financial affairs investigated
A wife's application to have her estranged husband's financial affairs investigated by the official that oversaw his bankruptcy has been dismissed by the High Court, .
Ms Justice Caroline Costello today cleared the way for the husband to exit bankruptcy after she found that an order directing the official in charge of the husband's bankruptcy, the Official Assignee Chris Lehane, to further investigate the matter was not warranted.
The wife had previously secured a temporary order preventing him from exiting bankruptcy on grounds including that the husband had failed to answer questions about his finances before going bankrupt on his own petition in 2016 after his construction business had failed.
The husband, who was due to exit bankruptcy last summer, opposed the motion and denied claims he had hidden or had failed to disclose assets to the Official Assignee.
His wife claimed she is a creditor of her husband and is owed monies by him including a loan of €18,000 she advanced him in 2012.
In her judgment, Ms Justice Costello said since the wife had brought the application considerable material had been brought to the Official Assignee's attention.
The Official Assignee had the opportunity to look into the husband's affairs in greater detail.
The Official Assignee makes no complaint regarding the husband's co-operation, and was satisfied that no further investigation into the vast majority of the matters the wife raised is required, the judge said.
An investigation into two discrete matters set out in the husband's statement of affairs are continuing, the Judge added.
The Official Assignee had also stated that he is in a position to continue his investigations without any order preventing the husband's discharge from his bankruptcy staying in place.
The bringing of the application had prevented the husband from exiting bankruptcy, which the judge said was, in effect, "penal".
The judge said that the postponement of the man's exit from bankruptcy was not required to assist in the administration or maintain the integrity of his bankruptcy.
In all the circumstances the judge said she was satisfied to dismiss the application and allow the man to exit bankruptcy.
The wife brought the proceedings arising out of what she claimed were inconsistencies contained in financial information that was provided to various parties including revenue and the official assignee.
The court previously heard her concerns arose out of a failure to receive answers to some "straightforward and simple" questions she put to her husband concerning his financial affairs before he was adjudicated bankrupt.
