Appointing receivers by equitable execution - good news for creditors

On 9 May 2019 the Supreme Court handed down the seminal judgment of ACC Loan Management Limited DAC v Mark Rickard and Gerard Rickard, which provides clarity on the question of when a receiver can be appointed by equitable execution.

Background

Filed under:
Ireland, Insolvency & Restructuring, Litigation, Dillon Eustace LLP, Debtor
Authors:
John O’Riordan
Location:
Ireland
Firm:
Dillon Eustace LLP
​Confirmation of the Irish position on litigation trafficking

SPV Osus Ltd v. HSBC Institutional Trust Services (Ireland) Limited & Ors [2018] IESC 44

Filed under:
Ireland, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Dillon Eustace LLP, Supreme Court of Ireland
Authors:
John O’Riordan , Peter Bredin
Location:
Ireland
Firm:
Dillon Eustace LLP
Warehousing and Insolvency Plans - Re: Callaghan [2017] IEHC 325

The High Court in Re: Callaghan (Unreported, High Court, Baker J., 22 May 2017) [2017] IEHC 325 has rejected a lender’s proposal to deal with outstanding mortgage debt on the principal private residence of a debtor.

The Debt

Filed under:
Ireland, Banking, Insolvency & Restructuring, Litigation, Dillon Eustace LLP, Debtor, Unsecured debt, Debt, Mortgage loan, Secured loan, Write-off
Authors:
John O’Riordan , Laura Butler
Location:
Ireland
Firm:
Dillon Eustace LLP