tim healy december am bank milltown ireland wicklow street
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December 12 2017 2:30 AM
Bank of Ireland says a couple transferred ownership of a property in Wicklow Street, Dublin, and their home in Milltown, Dublin, with intent to defraud creditors, including the bank which says it is owed €14.8m.
The bank has brought two sets of Commercial Court proceedings against Kenneth and Jacqueline White, of Riversdale House, Lower Churchtown Road, Milltown, Dublin.
The first is a summary judgment claim for €14.8m relating to eight loans the bank advanced to the couple to acquire and/or refinance property investments in Dublin.
Their portfolio includes properties in Grafton Street and at Johnson's Court, just off Grafton Street, along with 35 apartments at The Maleston and the Hampton's developments at Santry Cross, Santry.
The loans were secured on guarantees and indemnities by the Whites on those properties as well as on their home and on number 14 Wicklow Street, Dublin, the bank claims.
The bank demanded repayment and when it was not forthcoming, it last September appointed receiver Tom O'Brien of Mazars over the Grafton Street property and 32 of the 35 Santry apartments.
Along with the summary judgment case against the couple, the bank has also brought separate proceedings saying the transfer of ownership of the Wicklow Street property and White home was done with the intention of defrauding creditors.
In the second proceedings, the bank seeks a number of orders against the couple and against Blake White, of Riversdale House, Lower Churchtown Road, Sandra O'Sullivan, Doonsalla Park, Dun Laoghaire, and Avril Richardson (otherwise Kohout), of Park Road, Glenageary.
It seeks a declaration that the transfer of the White's Milltown home in November 2012 to a family trust was done with the intention of defrauding creditors and is void and/or voidable at the instance of the bank.
It also seeks a declaration that the conveyance of the Wicklow Street property between the five defendants was also made with the intention of defrauding the creditors of Mr and Mrs White.
If necessary, the bank also seeks an injunction, pending determination of the proceedings, permanently restraining each of the defendants from dealing in any way with the Milltown house and Wicklow Street property.
The case was admitted, on consent between the parties, to the Commercial Court on Monday by Mr Justice Brian McGovern who adjourned it to January.