O'Mahony v National Irish Bank
(Chancery Division, Deputy Registrar Nicholas Briggs, 15 October 2012)
In yet another case, an Irish business man sought to present his own bankruptcy petition in this jurisdiction, asserting that his Centre of Main Interests (COMI) had moved. On the day of presentation of the petition, Registrar Nicholls gave directions on the petition including a direction that the creditors listed within the petition should be put on notice of the petition hearing and be given sufficient time to attend court to make representations. After a two day hearing involving cross-examination of the debtor, having considered the cases on the jurisdiction and the application, in a finely balanced decision, the deputy registrar found that his COMI was in England, such that the court had jurisdiction to make a bankruptcy order and open main insolvency proceedings.
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