{"id":51789,"date":"2025-09-08T23:56:09","date_gmt":"2025-09-08T23:56:09","guid":{"rendered":"https:\/\/www.europesays.com\/ie\/51789\/"},"modified":"2025-09-08T23:56:09","modified_gmt":"2025-09-08T23:56:09","slug":"billy-kellehers-brother-granted-40-day-extended-legal-protection-from-creditors-owed-e4-7m-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/ie\/51789\/","title":{"rendered":"Billy Kelleher\u2019s brother granted 40-day extended legal protection from creditors owed \u20ac4.7m \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall b-it-article-body__text--left\">The High Court has granted a protective certificate preventing creditors from issuing proceedings against Donal Kelleher, brother of presidential election candidate hopeful <a href=\"https:\/\/www.irishtimes.com\/tags\/billy-kelleher\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/billy-kelleher\/\">Billy Kelleher<\/a>. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Counsel for Donal Kelleher, of Ballyphilip, White\u2019s Cross, Glanmire, Cork, made an ex-parte application for an extension of a protective certificate under the Personal Insolvency Act 2012, which would prohibit his creditors from taking legal action to recover their debts.<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">The High Court was told Mr Kelleher has liabilities of \u20ac4.7 million. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Barrister Keith Farry told the court a protective certificate, granted by Mr Justice Alexander Owens on July 1st, is due to expire at midnight on Monday.  Notice of the certificate was issued to all creditorson July 2nd. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">The certificate is valid initially for 70 days and may be extended for 40 days. It prevents creditors from taking legal proceedings against the debtor for the duration of its validity. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">On Monday, Mr Justice Rory Mulcahy acceded to an application by Personal Insolvency Practitioner (PIP) Gary Digney of AAB Accountants Ireland, appointed by Mr Kelleher, to extend the period of its validity.<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">The extension was applied to allow for negotiations with the creditors and is granted if the court is satisfied the debtor is acting in good faith. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">A reply made by the PIP to the Revenue Commissioners on July 21st stated that it was \u201ca very complex case with numerous creditors, valuations and secured assets\u201d which were still being carried out and that it was \u201cvery difficult at this stage to state what the creditors may expect to receive under the terms of the proposed Personal Insolvency Procedure\u201d.<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">The biggest creditor, according to documents lodged with the court on June 30th, is PE Commercial Credit Unlimited in Tralee, Kerry for \u20ac2.1 million and Mars Capital Finance Ireland with a listed amount of \u20ac497,069.<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Mr Farry told the court there were assets of \u20ac4.9 million with liabilities of \u20ac4.7 million. Counsel said Mr Kelleher was \u201ccash-flow insolvent but asset solvent\u201d which was \u201cchanging with the property market,\u201d he said. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Mr Justice Rory Mulcahy said he was satisfied Mr Kelleher was acting in good faith and made an order to extend the protective period for 40 days. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Billy Kelleher, who has been an MEP for the south constituency since 2019, is along with Jim Gavin, seeking the support of the Fianna Fail Parliamentary Party as a candidate for the presidential election next month. The party is to decide its preferred candidate to go forward by secret ballot on September 9th. <\/p>\n","protected":false},"excerpt":{"rendered":"The High Court has granted a protective certificate preventing creditors from issuing proceedings against Donal Kelleher, brother of&hellip;\n","protected":false},"author":2,"featured_media":51790,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[40],"tags":[9,10,18,13,14,6,10476,19,17,11,12,15,16,5,7,8],"class_list":{"0":"post-51789","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-ireland","8":"tag-breaking-news","9":"tag-breakingnews","10":"tag-eire","11":"tag-featured-news","12":"tag-featurednews","13":"tag-headlines","14":"tag-high-court","15":"tag-ie","16":"tag-ireland","17":"tag-latest-news","18":"tag-latestnews","19":"tag-main-news","20":"tag-mainnews","21":"tag-news","22":"tag-top-stories","23":"tag-topstories"},"share_on_mastodon":{"url":"","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/51789","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/comments?post=51789"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/51789\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media\/51790"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media?parent=51789"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/categories?post=51789"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/tags?post=51789"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}