Seán Dunne makes fresh appeal on dual bankruptcy

Developer’s lawyers file motion in US courts seeking to prevent Ulster Bank’s pursuit

Seán Dunne’s US court appeal says that in the absence of a stay he and his property will be subject to Irish insolvency proceedings “adversely impacting his rights, interests and liberties in numerous significant ways”. Photograph:  Brenda Fitzsimons

Seán Dunne’s US court appeal says that in the absence of a stay he and his property will be subject to Irish insolvency proceedings “adversely impacting his rights, interests and liberties in numerous significant ways”. Photograph: Brenda Fitzsimons

Sun, Jun 16, 2013, 20:46

Developer Seán Dunne has lodged a new appeal in the US courts, seeking to reimpose a stay that would prevent Ulster Bank from proceeding with its petition to have him declared bankrupt in Ireland as well as in the US.

The motion for a stay was made late on Friday evening to the US bankruptcy court in the state of Connecticut.

The stay was originally lifted on June 4th following submissions from Ulster Bank’s lawyers in which they argued that Mr Dunne’s US bankruptcy proceedings were interconnected with proceedings the bank intends to pursue in Ireland.

The appeal made by Mr Dunne says that in the absence of a stay, he and his property will be subject to Irish insolvency proceedings “adversely impacting his rights, interests and liberties in numerous significant ways”.

The appeal claims that Ulster Bank’s motivation for urgency in commencing an insolvency proceeding against him in Ireland appears to be “purely political – a factor that should not sway this court”.

Among the objections raised to a possible action by the bank, Mr Dunne’s appeal cites the ability of the High Court under Irish bankruptcy law to arrest debtors when they appear to be leaving the country.