A former solicitor has had her bankruptcy extended by four years at the High Court after a judge found she had been "obstructive and unco-operative".
Angela Farrell, formerly of North Great George's Street, Dublin, who was struck off the roll of solicitors in 2014, made "serious, multiple, continuous breaches and wrongdoings" during the course of her bankruptcy, Ms Justice Caroline Costello found.
Giving her judgment in the case on Monday, the judge said Ms Farrell had given a "very limited degree of co-operation" with the official assignee in charge of bankruptcy, Chris Lehane, but otherwise her attitude could best be described as "obstructive and unco-operative".
“Her refusal to acknowledge the validity of the bankruptcy and therefore her refusal in any way to cooperate with the bankruptcy process has continued to this day,” the judge said.
Ms Farrell was struck off for professional misconduct after failing to protect the interests of a woman who had retained her in a personal injuries case. The Law Society had said the case was one of “woeful neglect”.
Ms Farrell was adjudicated a bankrupt in May 2014 on foot of a petition from FCR Media Limited, formerly Truvo Ireland, the publisher of the Golden Pages.
She was due to be automatically discharged from bankruptcy at the end of July this year. In June, Mr Lehane objected to the discharge.
Sold her shares for €68,500
He told the court Ms Farrell did not disclose her address, did not file a statement of affairs or a statement of personal information and did not attend for interview with him.
She had to be summoned to court to be examined about her assets and she furnished some information.
As a result, Mr Lehane was able to sell her 2,558 shares in CRH plc for more than €68,500.
But, he told the court, he had no information about Ms Farrell’s income and could not ascertain whether or not there was surplus income available for distribution to her creditors.
Ms Farrell had argued her adjudication for bankruptcy was void and so was not binding upon her.
She claimed the petitioning creditor was not a creditor and a fraud had been perpetrated.
In her judgment, Ms Justice Costello said Ms Farrell’s arguments about the validity of her bankruptcy had been heard and rejected by two High Court judges. She could have appealed those decisions, but did not.
The judge said there was “considerable uncontroverted evidence” that established Ms Farrell had failed to co-operate with Mr Lehane and has “hidden assets or failed to disclose assets”, in breach of her statutory obligations.
She said Ms Farrell’s wrongdoing was “grave” and she had “placed obstacles in the path” of Mr Lehane.
The judge said she was empowered to extend Ms Farrell’s bankruptcy for up to five years, but it had not been clearly established her creditors had been “gravely prejudiced by the admittedly egregious behaviour”.
The appropriate period was four years, the judge said.
Cattle shot
In a separate case, the court heard John Hoey, the Co Monaghan farmer who owned five cattle shot by soldiers last July, had agreed to pay over, to the official assignee, the proceeds he generated from the sale of part of his herd.
Mr Hoey, Annacroft, Carrickmacross, was adjudicated a bankrupt in February, but subsequently sold some of his herd without permission.
Five cattle, left on the farm, could not be caught and, Mr Lehane said, were shot in the interests of public safety, and to prevent the spread of TB in local livestock.
On Monday, the court was told Mr Hoey had paid over all of the proceeds bar €6,000. Mr Hoey, through his solicitor, sought time to pay the balance.
The case was adjourned for two weeks.
A total of 21 people were adjudicated bankrupt at the High Court on Monday.
