Alan Hynes, a businessman from Wexford, had his application to cancel his bankruptcy declaration dismissed by the High Court due to his non-compliance with the order to deliver the necessary paperwork. Justice Liam Kennedy set a hearing for June 10th to decide on a separate application by the official assignee (OA), which is charged with managing Mr Hynes’ bankruptcy, to prolong it due to alleged lack of cooperation.
The bankruptcy extension from October 2022 remains temporarily in place until the full hearing takes place. Mr Hynes was absent from a digital hearing presided over by Justice Kennedy on Monday, where both applications were discussed. OA’s advocate, Michael Connolly, mentioned that Mr Hynes may have communicated through email and could be presenting a case in the Circuit Court.
The OA’s application to extend the bankruptcy has been brought before the High Court thrice this year. Notably, Mr Hynes claimed to be processing applications for legal aid and was absent from two of the hearings. At the latest hearing held on March 11th, the court mandated Mr Hynes to present his annulment application within seven days to Fieldfisher’s lawyers, who are representing the OA, but this was not done.
Regardless of his contact with OA’s solicitors, Mr Hynes overlooked the court’s instructions to present the relevant paperwork and based on this fact, the OA wished for the annulment application to be dismissed, according to Mr Connolly. To add to this, Mr Hynes did not respond to the OA’s application to extend his bankruptcy or give any updates concerning his legal aid applications.
Mr Connolly stated that a letter from Mr Hynes to Fieldfisher defied the court’s orders and illustrates a “fundamental misunderstanding” of the bankruptcy proceedings. According to him, Mr Hynes asked for information regarding a property, while simultaneously ignoring the demands made of him and the gravity of his situation.
The judge ruled that Mr Hynes had been given sufficient chances to respond and his annulment application would therefore be dismissed under these circumstances. With the extension of the bankruptcy set to be heard in person on June 10th, Mr Hynes now has until April 22nd to deliver his response to it.
In a previous judgement, it was stated that Mr Hynes did not manage to delay the bankruptcy order of 2022 and was a no-show at the appeal against this order at the Court of Appeal. The appeal proceeded in his absence and was subsequently dismissed.
Mr Hynes and his estranged spouse, Noreen Dunphy were declared bankrupt by the High Court under the petition of John and Bridget Atkinson, who hail from Glenbrien, Enniscorthy, Co Wexford. They won a judgement worth more than €200,000 against the pair in 2009.
Despite failing to halt or overrule the decision against her, Ms Dunphy has since emerged from her bankruptcy position.
In a completely separate matter, back in 2015, following grievances raised by investors who faced over €18 million losses on his failed property project, the Chartered Accountants Regulatory Board’s tribunal excommunicated Mr Hynes from the Institute of Chartered Accountants.