Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. Dear *****, the first thing you need to realise here is that the Court won't wait around while you go bankrupt. Ulster Bank are entitled to sue you and obtain judgment if they so wish irrespective of whether you might go bankrupt or not. In fact, a court will aid Ulster Bank in getting judgment and securing the debt on your property if you suggest you are going bankrupt. So, really, saying you are going bankrupt will not get you very far.
2. So, the first answer to your question is that the court will not grant you a three or a six month adjournment just because you might be wanting to go bankrupt. Secondly, if you consent to judgment, the court would be likely to grant you a six month stay of execution. As there is a Family Home you are entitled to a three month stay of execution anyway. Thirdly, you should get a lawyer to look at the papers to see if you have a good defence. This is a good way to buy time. Essentially, you can ask for, and get, a three week adjournment to put your side of the story on affidavit. Fourthly, it is unlikely that a court action will last six months unless you raise a good defence. So, I would suggest again you get a lawyer to see if there is a point you can argue to drag out the proceedings. Fifthly, Ulster Bank does not have an inhouse dispute resolution procedure which would apply in this case. Once the case has gone to court, you need to deal with the court proceedings. Sixthly, raising a defence is the best method of buying time. So get a lawyer to look at your case papers.
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