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24/03/2023
The Ultimate Guide to what happens to the family home in bankruptcy from Lynch Solicitors

Family Home & Bankruptcy – A Comprehensive Guide

Thursday, 01 October 2020 by John Lynch
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
  • Published in Bankruptcy & Insolvency
Tagged under: Bankruptcy, Family Home, Insolvency, Personal Insolvency Arrangements
bankruptcy family home

Bankruptcy: What Happens To The Family Home

Friday, 21 August 2020 by John Lynch
Will I Lose My Home? Bankruptcy does not mean definitely losing your family home. If the family home is mortgaged, then in real terms, the bank owns the family home until the mortgage is repaid. The bank may choose to keep the property outside the bankruptcy process and enter into an arrangement with you which
  • Published in Bankruptcy & Insolvency
Tagged under: Bankruptcy, Family Home, Property, Property rights
Family Home in Bankruptcy

What Happens Your Family Home in Bankruptcy?

Monday, 11 March 2019 by John Lynch
What happens to the family home in bankruptcy? This is a very emotive issue and one that we are frequently asked when dealing with bankruptcy issues.  This blog looks at the issue and answers the most commonly asked questions.
  • Published in Bankruptcy & Insolvency
Tagged under: asset, assignee, Bankruptcy, buy to let, Family Home, Mortgage, negative equity
Family Home in Bankruptcy

Family Home in Bankruptcy Proceedings

Thursday, 10 May 2018 by John Lynch
The position of the family home in Bankruptcy is that while the Lender has options under the legislation they invariably keep the family home out of bankruptcy.
  • Published in Bankruptcy & Insolvency
Tagged under: asset, assignee, Bankruptcy, buy to let, Family Home, Mortgage, negative equity

Before I go Bankrupt – How the law views transactions prior to bankruptcy

Wednesday, 30 March 2016 by John Lynch
Can transactions made prior to bankruptcy be set aside? Actions you take before declaring bankruptcy can be declared improper and set aside. Worse, if it is shown that you acted fraudulently, a criminal charge and jail time is a possibility. What is allowed and what is not allowed often comes down to interpretation and good
  • Published in Bankruptcy & Insolvency
Tagged under: Family Home, Personal Insolvency Arrangements

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

Tuesday, 29 March 2016 by John Lynch
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
  • Published in Bankruptcy & Insolvency
Tagged under: Family Home, Personal Insolvency Arrangements
Family Home in Bankruptcy

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

Tuesday, 29 March 2016 by John Lynch
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
  • Published in Bankruptcy & Insolvency
Tagged under: Family Home, Personal Insolvency Arrangements
Family Home after Bankruptcy

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

Thursday, 03 March 2016 by John Lynch
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
  • Published in Bankruptcy & Insolvency
Tagged under: Family Home, Mortgage Arrears, Personal Insolvency Arrangements

One Year Bankruptcy

Friday, 29 January 2016 by John Lynch
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
  • Published in Bankruptcy & Insolvency
Tagged under: Family Home, Personal Insolvency Arrangements

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