Re Ryan

• Jurisdiction: Ireland
• Judgment Date: 12 May 1939
• Date: 12 May 1939
• Court: High Court

In re William Ryan, a Bankrupt

After-acquired property - Bankrupt subsequently adjudicated a bankrupt a second time - Intervention of Official Assignee on behalf of creditors in first bankruptcy - Irish Bankrupt and Insolvent Act, 1857 (20 21 Vict. c. 60), ss. 267, 343.

R. was adjudicated bankrupt in 1925. A small dividend was paid but £408 remained due to his creditors and the bankrupt did not obtain his discharge. Subsequently, without the knowledge of the Official Assignee, he commenced trading again, and in January, 1939, presented a petition seeking the protection of the Court. The usual order for protection was made on January 10th, 1939, but R. failed to carry an arrangement with his creditors and was adjudicated bankrupt for the second time on 24th February, 1939. On the 10th March, 1939, the Official Assignee intervened by a letter in which he claimed the assets disclosed in the second bankruptcy as after-acquired property in the first bankruptcy and available for the creditors in the first bankruptcy. On an application by one of the creditors in the second bankruptcy to...