Bank of Ireland would do better than if the man was made bankrupt or if the bank tried to enforce a possession order, court ruled
Mr Justice Denis McDonald was satisfiedThe bank would also do better than if the man was made bankrupt or if the bank tried to enforce a possession order it previously obtained against the man’s ex wife, he said.
The man was in low paid employment but is now self-employed running a car valeting business earning about €1,548 monthly. The man’s wife, a discharged bankrupt , has not lived since 2014 in the home the couple had shared between 2004-2011. The man moved out into rented accommodation when the marriage broke down in 2011. He moved back in in 2015 when the property was effectively vacant, the woman having left the previous year.
The bank, which maintained the man was not a co-operating debtor, opposed his appeal over the Circuit Court decision on a range of grounds, including the declaration point.
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