Bankruptcy Law In The Republic Of Ireland
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Bankruptcy Law In The Republic Of Ireland
Bankruptcy in Irish Law is a legal process, supervised by the High Court whereby the assets of a personal debtor are realised and distributed amongst his or her creditors in cases where the debtor is unable or unwilling to pay his debts. Bankruptcy in Ireland applies only to natural persons. Other insolvency processes including liquidation and examinership are used to deal with corporate insolvency. A bankrupt is somebody who has been adjudicated bankrupt by the High Court. Once a debtor is adjudicated bankrupt, bankruptcy law provides for the mandatory vesting of all of the bankrupt's assets and property in the Official Assignee (OA). Under the supervision of the Court, the OA will realise the bankrupt's assets and distribute the assets according to law among the bankrupt's creditors. The essence of bankruptcy is that the debtor's assets are transferred to an official who administers and realises them for the benefit of all creditors. The purpose is to release the bankrupt ...
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High Court (Ireland)
The High Court ( ga, An Ard-Chúirt) of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies. Structure The High Court is established by Article 34 of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President. However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the Governm ...
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Sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as ''sherif''. Description Historically, a sheriff was a legal official with responsibility for a shire, the term being a contraction of " shire reeve" (Old English ). In British English, the political or legal office of a sheriff, term of office of a sheriff, or jurisdiction of a sheriff, is called a shrievalty in England and Wales, and a sheriffdom in Scotland. In modern times, the specific combination of legal, political and ceremonial duties of a sheriff varies greatly from country to country. * In England, Northern Ireland, or Wales, a sheriff (or high sheriff) is a ceremonial county or city official. * In Scotland, sheriffs are judges. * In the Republic of Ireland, in some counties and in the cities of Dubli ...
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Irish Property Bubble
The Irish property bubble was the speculative excess element of a long-term price increase of real estate in the Republic of Ireland from the early 2000s to 2007, a period known as the later part of the Celtic Tiger. In 2006, the prices peaked at the top of the bubble, with a combination of increased speculative construction (financed almost entirely by senior debt) and rapidly rising prices; in 2007 the prices first stabilised and then started to fall until 2010 following the shock effect of the Great Recession. By the second quarter of 2010, house prices in Ireland had fallen by 35% compared with the second quarter of 2007, and the number of housing loans approved fell by 73%. The collapse of the property bubble was one of the major contributing factors to the post-2008 Irish banking crisis. House prices in Dublin, the largest city, were briefly down 56% from their peak and apartment prices down over 62%. For a time, house prices returned to twentieth century levels and mortg ...
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Bankruptcy Tourism
Bankruptcy tourism is the phenomenon whereby residents of one country move to another jurisdiction in order to declare a personal bankruptcy there, before returning to their original country of residence. This is done in order facilitate bankruptcy in a new jurisdiction where the insolvency laws are deemed to be more favourable. It is most prevalent in Europe where EU laws allow the free movement of residents to other Eurozone countries. Once in the new jurisdiction a person seeking bankruptcy must establish their Centre of Main Interests there in order to qualify as a resident and, therefore, petition for a successful bankruptcy. The issue of bankruptcy tourism has gained notoriety in the Republic of Ireland due to the recession and property crash there resulting in high levels of debt and personal insolvencies. However, the phenomenon first emerged in the UK in 2009 when it was reported that German and Austrian nationals were moving to Kent in order to take advantage of bankruptcy ...
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Secured Creditor
A secured creditor is a creditor with the benefit of a security interest over some or all of the assets of the debtor. In the event of the bankruptcy of the debtor, the secured creditor can enforce security against the assets of the debtor and avoid competing for a distribution on liquidation with the unsecured creditors. In most legal systems, secured creditors also have the option of releasing their security and proving in the liquidation, although, in practice, they would rarely do so. Any creditor with a lien on all or a portion of an asset, such as a mortgage on real estate or a bank loan, is said to be a secured creditor. See also * Preferential creditor A preferential creditor (in some jurisdictions called a preferred creditor) is a creditor receiving a preferential right to payment upon the debtor's bankruptcy under applicable insolvency laws. In most legal systems, some creditors are given p ... References {{finance-stub Credit Bankruptcy Insolvency ...
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Irish Times
''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is considered a newspaper of record for Ireland. Though formed as a Protestant nationalist paper, within two decades and under new owners it had become the voice of British unionism in Ireland. It is no longer a pro unionist paper; it presents itself politically as "liberal and progressive", as well as being centre-right on economic issues. The editorship of the newspaper from 1859 until 1986 was controlled by the Anglo-Irish Protestant minority, only gaining its first nominal Irish Catholic editor 127 years into its existence. The paper's most prominent columnists include writer and arts commentator Fintan O'Toole and satirist Miriam Lord. The late Taoiseach Garret FitzGerald was once a columnist. Senior international figures, including Tony Blair and Bill Cl ...
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Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Northern Ireland shares an open border to the south and west with the Republic of Ireland. In 2021, its population was 1,903,100, making up about 27% of Ireland's population and about 3% of the UK's population. The Northern Ireland Assembly (colloquially referred to as Stormont after its location), established by the Northern Ireland Act 1998, holds responsibility for a range of devolved policy matters, while other areas are reserved for the UK Government. Northern Ireland cooperates with the Republic of Ireland in several areas. Northern Ireland was created in May 1921, when Ireland was partitioned by the Government of Ireland Act 1920, creating a devolved government for the six northeastern counties. As was intended, Northern Ireland ...
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Sean Quinn
Sean, also spelled Seán or Séan in Irish English, is a male given name of Irish origin. It comes from the Irish versions of the Biblical Hebrew name ''Yohanan'' (), Seán (anglicized as ''Shaun/ Shawn/ Shon'') and Séan (Ulster variant; anglicized ''Shane/Shayne''), rendered ''John'' in English and Johannes/Johann/Johan in other Germanic languages. The Norman French ''Jehan'' (see ''Jean'') is another version. For notable people named Sean, refer to List of people named Sean. Origin The name was adopted into the Irish language most likely from ''Jean'', the French variant of the Hebrew name ''Yohanan''. As Gaelic has no letter (derived from ; English also lacked until the late 17th Century, with ''John'' previously been spelt ''Iohn'') so it is substituted by , as was the normal Gaelic practice for adapting Biblical names that contain in other languages (''Sine''/''Siobhàn'' for ''Joan/Jane/Anne/Anna''; ''Seonaid''/''Sinéad'' for ''Janet''; ''Seumas''/''Séamus'' for ' ...
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Texas International Law Journal
The ''Texas International Law Journal'' (abbreviated as TILJ) is a student-edited law journal at the University of Texas School of Law. History and overview The journal was created in the wake of the Bay of Pigs Invasion and the Cuban Missile Crisis with the encouragement and support of E. Ernest Goldstein. It published its first issue in January 1965 and has been in continuous publication since. It has attracted noted authors, including former Supreme Court of the United States Justice William O. Douglas. Over the years, it has been cited by courts at all levels, including the Texas Supreme Court The Supreme Court of Texas (SCOTX) is the court of last resort for civil matters (including juvenile delinquency cases, which are categorized as civil under the Texas Family Code) in the U.S. state of Texas. A different court, the Texas Court of .... Additionally, the journal organizes a symposium every year, with speakers from the United States and around the world. Recent titles ...
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Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ...
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Anglo Irish Bank
Anglo Irish Bank was an Republic of Ireland, Irish bank headquartered in Dublin from 1964 to 2011. It began to wind down after nationalisation in 2009. In July 2011 Anglo Irish merged with the Irish Nationwide Building Society, forming a new company named the Irish Bank Resolution Corporation. Michael Noonan (Fine Gael politician), Michael Noonan, the Minister for Finance (Ireland), Minister for Finance stated that the name change was important in order to remove "the negative international references associated with the appalling failings of both institutions and their previous managements". Anglo Irish mainly dealt in business and commercial banking, and had only a limited retail presence in the major Irish cities. It also had wealth management and treasury divisions. Anglo Irish had operations in Austria, Switzerland, the Isle of Man, the United Kingdom, and the United States. The bank's heavy exposure to property lending, with most of its loan book being to builders and pro ...
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