by Ann O’Loughlin
A couple and their two young children can remain in their family home after a High Court judge dismissed a funds objection to their proposed personal insolvency arrangements.
In a significant judgment rejecting the fund’s claims of unfair prejudice by the arrangements, Ms Justice Marie Baker said the test for unfair prejudice required seeing the fund in light of its position as a “fund”, not a financial lender.
The test must be seen in the context of investment returns, not the costs of the capital needs of the creditor in the future, she said.
Shoreline Residential DAC, an investment fund, is owed about 323,000 having acquired loans from Irish Bank Resolution Corporation. Its debt is secured on the couples home, val…
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