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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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I have a question regarding an upcoming high court case

Customer Question

I have a question regarding an upcoming high court case against me. I own a small farm.
I owe Ulster bank 115,000 euro, secured by a mortgage against farm. Ulster want a judgment against me and then sell my farm by appointing a liquidator. (farm will be difficult to sell, it is worth at most euro 100,000). Case has been going on over a year and adjourned a few times before Master of HC.
Now it is listed for 7 Nov. as "common law motion" on the "Monday list".
I have asked Ulster to adjourn (again) but they refuse.
Here is my situation....... I have other debt and two months ago sought help from MABS.
Now I have appointed a PIP to deal with all my debt, including this one, but PIP informed me it will take at least two more months before a protective cert would be issued. In the meantime Ulster HC date is imminent.
I have a letter from the PIP stating he is working on my case.
What can I do ?
1. Can I go to HC and ask for a three month ( six would be great) adjournment to allow me prepare Insolvency application ?
Would the judge be lenient to such a request ?
2. Give Ulster their judgment with a six (or twelve month) stay of entry and execution ?
3. I do owe Ulster the money and their paperwork seems in order but can I mount a defence in court to buy more time ?
4. If I got six months time frame I can pay off Ulster debt with help from my brother in USA, as I want to keep the farm as it produces an income and is the family farm.
5. Does Ulster Bank have a debt resolution procedure and could I get it to hear my case rather than the HC ?
6. Any other avenue that would allow me buy time to get PIA approved ?
Submitted: 10 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 10 months ago.

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.

Expert:  Buachaill replied 10 months ago.

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.

Expert:  Buachaill replied 10 months ago.

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