The Family Home and Bankruptcy Part III: Protections for the Family Home

In two previous blogs (Part I & Part II) we have looked at the role of both the Official Assignee and the Bank in determining what happens to the family home in bankruptcy. Here we answer some common queries about the practicalities of what happens to the family home when bankruptcy is declared and the
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Family Home in Bankruptcy

The Family Home and Bankruptcy Part II: The Role of the Bank

Can the bank take my family home in bankruptcy? Losing your family home in bankruptcy is not a certainty and may not even be likely depending on your circumstances. Bankruptcy does not equal definitely losing your family home. If the family home is mortgaged, then in practice, the bank owns the family home until the mortgage
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Contested Wills Lynch Solicitors

Plan When You Can: Do an Enduring Power of Attorney

After a striking RTE Prime Time investigates programme into some of the difficulties vulnerable people in care can be confronted with, it is natural to consider what preparations you can make now to protect yourself in the future.  One of these safeguards, is an enduring power of attorney. As said in an article today in
Family Home after Bankruptcy

The Family Home and Bankruptcy Part I: The role of the Official Assignee

While coverage of the recent changes to the Bankruptcy Laws has focused on the reduction of the bankruptcy term from three years to one year, a number of other amendments were made.  These will have a serious effect on a person’s decision to file for bankruptcy. The role of the Official Assignee (who takes over
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One Year Bankruptcy

One year bankruptcy is now a reality in Ireland after the Bankruptcy (Amendment) Act 2015 was brought into law by a commencement order on Friday, January 29th 2016. The commencement order reduced the normal duration of bankruptcy from three years to one year bankruptcy. A fundamental shift in attitudes In a press release on Friday, January
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Not a One-Stop-Shop. The tips and traps when bringing a claim to the Injuries Board

Injuries Board – What/Who is it? The Injuries Board is an independent body set up by law which assesses personal injuries claims (such as falls or motor accidents). An injured party must put their claim before the injuries board before taking a claim to Court. Gillian O’Mahony of Lynch Solicitors was on Tipp FM on January
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Marriage Breakdown

Who Keeps the Dog? Deciding the division of assets after divorce.

[soundcloud id=’242571659′] Who gets what? When going through a divorce, rational discussion about division of assets can be  extremely difficult. If the divorcing couple cannot decide between themselves how best to split their assets, their solicitors can guide them through a mediation process. Of course, if that ultimately is not helpful, the courts are there
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Contested Wills Lynch Solicitors

Now is Always the Time to Make a Will

Why make a will? When should I make a will is one of the most frequent questions clients ask us. Yet, it remains the one which we constantly find ourselves having to persuade people to actually do. A will is one of the most important documents you will have to make decisions on in your life.
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Marriage Breakdown

Fathers Allowed Out of the Waiting Room – Automatic guardianship as New Act commences

A long wait ended After a long wait, the 2015 Children and Family Relationships Act has come into operation. The Act is undoubtedly among the most significant changes in family legislation in Irish history and it is hoped that Ireland’s family law will now better reflect the realities of modern family life. The Minister for

“To Die You Have to Prove You Were Born” – Death Certificate for ‘Unborn’ Child

An ‘unborn’ child, who died in a horrific two-car collision in Tipperary in 2012, will be issued with a death certificate, marking an apparent legal first in Ireland. Clonmel Coroner’s Court this week held the death of baby girl, Mollie, to be one of stillbirth caused by a lack of oxygen due to the injuries
Marriage Breakdown

Cohabitation – What’s the cost of living in sin?

The term “common law marriage” is a phrase that is familiar to many people. It does not however confer any legal rights in Ireland. Many couples have in the past, assumed in error that certain rights and responsibilities arose from their relationship. The Courts have ruled consistently in the past that unmarried couples are not

The End of Bankruptcy Tourism – One Year Bankruptcy Is Here

THE END OF BANKRUPTCY TOURISM! – ONE YEAR BANKRUPTCY PERIOD This One Year Bankruptcy has been a long time in coming.  People have been suffering for long enough the debt hangover from the Celtic Tiger era. In 2012 big changes were introduced.  The Insolvency Service of Ireland was set up.  Various insolvency arrangements were put in place.
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Inquest – What you need to know

Attending at an Inquest After the funeral is over and loved ones try to pick up the pieces. Many families are surprised when, after six weeks or more, a member of the Garda Siochána call to the family home to inform them of the date of the inquest of their family member. The coroner system

One Year Bankruptcy Reform – A Welcome Change

What is One Year Bankruptcy? Bankruptcy is where the property or assets someone who is unable or unwilling to pay their debts are transferred to a person who is given charge of the property by the High Court (called the Official Assignee) to be sold. When those assets are sold, the costs, expenses, court fees
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The Volkswagen Emissions Scandal – Are there legal emissions?

  The Volkswagen Emissions Scandal – Are there legal emissions? As anyone who has been keeping an eye on the news recently will know, the VW group has been engulfed in a huge scandal over emissions cheating devices in their vehicles. The scandal involves special software placed in VW cars (and many more like Audi,