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11 January 2013
Issue: 7543 / Categories: Case law , Law digest , In Court
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Bankruptcy

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O’Donnell and another v Governor and Company of the Bank of Ireland [2012] EWHC 3749 (Ch), [2012] All ER (D) 257 (Dec)

According to settled principles, a debtor’s centre of main interests (COMI) fell to be determined as at the date of presentation of a bankruptcy petition rather than the date (if different) on which the petition was heard. Further, the COMI had to correspond to the place where the debtor conducted the administration of his interests on a regular basis and was, therefore, ascertainable by third parties.

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