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SAM BOAL

Can Mick Wallace still be a TD after being declared bankrupt today?

Wallace said that the court’s decision to declare the Wexford TD bankrupt “was just a matter of time”.

AFTER INDEPENDENT TD Mick Wallace was declared bankrupt today by the High Court, will this affect his role in the Dáil?

No it won’t, thanks to legislation which amended the conditions of bankruptcy two years ago.

In 2014 amendments to the Electoral Act removed bankruptcy as a disqualification from election to (and membership of) the Dáil and the European Parliament.

In 2014 Jillian Godsil challenged this rule, allowing her to run as a candidate in the European elections. The law, which had been in place since the foundation of the State, was then abolished in April 2014.

Other changes made to the rules around bankruptcy as part of amendments to the Bankruptcy Act came into effect in January 2016, and some of the main changes include:

  • Reducing the duration of bankruptcy from 3 years to 1 year (up to December 2013 it was 12 years)
  • Returning ownership of the bankrupt person’s home to them after 3 years (as long as it isn’t sold in the meantime)
  • Reducing the maximum duration of bankruptcy payment orders from 5 years to 3 years
  • Extending the duration of bankruptcy in cases of non-cooperation or concealment.

13/10/2016. Reports on Irish Sign Language Leah Farrell Leah Farrell

Wallace’s former company M&J Wallace Ltd owned a group of buildings, including the ‘Italian Quarter’ area of cafes, bars and apartments on Ormond Quay, Dublin 1.

It was taken over by a receiver at the latter end of the recession, and the value of the properties was decreased considerably because of the economic climate at the time.

On RTÉ’s Drivetime this afternoon, Wallace said that the court decision to declare he was bankrupt wasn’t unexpected, and “was just a matter of time really”.

He then gave the ‘ladybird’, or short and simple version of events that led to his bankruptcy.

“I had about 40 properties in Wexford, Italy and Dublin, and Ulster Bank said I should work with them instead of going into the receivership madness, and that they would start selling them at the time (2011 – 2012).

“They wanted to clear books and they didn’t care what [price] they got [for the properties]. They sold 39 properties, and one of these ended up in a bag of assets that Cerberus happened to buy, which included my personal guarantee.”

A personal guarantee is a pledge to the bank that if your business goes bankrupt, you will compensate them with something you own personally – such as your house, your car, or your private property.

Wallace says that the American property firm Cerberus, that pushed for Wallace to be declared bankrupt in the High Courts, then ”came looking for the €40 million personal guarantee, but obviously I can’t pay it”.

Wallace says that he’s not sure what will happen next in the process, and that he’s even unclear about whether he will lose his family home in Fairview, “the last property I own on the planet”.

“I was in business, and it’s great when it works, we never lost money in 20 years. You take risks, and it’s great when it works. I’m not looking for sympathy.”

Read: Wallace may face Dáil censure – and could lose seat after court action

Read: Mick Wallace properties now worth just €4million

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136 Comments
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    Mute Eddie Kelly
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    Sep 12th 2019, 7:36 AM

    It sometime feels like there are 42 million on it at the same time.

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    Mute thephantomshit
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    Sep 12th 2019, 6:28 AM

    They need to build an underground line from the city centre to sandyford with option to upgrade later to further out or find an above ground option to link all the way to bray or shankill. This should skip most stop and essentially be an express to the city. Have a stop at say dundrum, charlemont and also Oconnell st. The luas should stay as an alternate option. It is how most big cities work. There is no doubt that it would be heavily utilised and would dramatically reduce road usage as well as relieving pressure on passengers using the luas for smaller journeys.
    Shutting the luas for several years to put a heavy rail in its place really isn’t an option anymore

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    Mute Tim Pot
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    Sep 12th 2019, 7:38 AM

    @thephantomshit:

    most cities have more than one line going north-south and east-west.

    The pizza needs to be split into more than just quarters. Interestingly, bus-connects is exactly this plan if we could allow it to proceed. These dedicated transport corridors could be upgraded to tram and eventualy metro once the demand rises.

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    Mute Tim Pot
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    Sep 12th 2019, 7:39 AM

    @thephantomshit:

    and metro is not heavy rail, its light rail, same as tram.

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    Mute joe
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    Sep 12th 2019, 10:40 AM

    @Tim Pot: metro is classed as heavy rail

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    Mute Tim Pot
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    Sep 12th 2019, 11:15 AM

    @joe: well it depends who you ask (as usual)

    https://en.m.wikipedia.org/wiki/Passenger_rail_terminology

    But it seems metro is probably not considered light rail either, so I am equally wrong.

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    Mute Kev
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    Sep 12th 2019, 7:35 AM

    Dublin is crying out for better transport infrastructure. Areas such as Knocklyon, Templeogue, Rathfarnham and Terenure badly need a metro (or at least a Luas line). Taking an hour and a half to get into the city centre on the 15 bus is a joke.

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    Mute Tim Pot
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    Sep 12th 2019, 8:50 AM

    @Kev: or a dedicated high frequency bus lane as is proposed…

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    Mute Danny O' Mahony
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    Sep 12th 2019, 8:57 AM

    @Kev: Same story for me in Rathcoole. An hour and a half to travel 12 miles. I lived in Dusseldorf 20 yrs ago. Used to make a 35 mile journey in 50 mins.

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    Mute Kev
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    Sep 12th 2019, 9:06 AM

    @Tim Pot: you cannot compare a bus lane to a metro line or a tram line. Have you had your first morning coffee yet?

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    Mute Tim Pot
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    Sep 12th 2019, 9:58 AM

    @Kev:

    High freqency transport on a dedicated lane is the exact same concept for bus, tram, metro and commuter rail. The only difference is capacity.

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    Mute Stuart
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    Sep 12th 2019, 6:34 AM

    All Southside green LUAS should terminate in Bride’s Glen. In the mornings every 2nd tram arriving at Sandyford is full of people. This extra capacity is available right now at minimal cost.

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    Mute Ashling Fenton
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    Sep 12th 2019, 7:04 AM

    @Stuart: Or have a few that start only a Bride’s Glen. People from Sandyford obviously created the demand required for the service.

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    Mute Stuart
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    Sep 12th 2019, 8:10 AM

    @Ashling Fenton: the original terminus was Sandyford due to the presence of the old Harcourt rail line and ease of construction. The line starting to wind over bridges after that. Once Cherrywood starts filling out, the LUAS will lag demand by about 2 years further exacerbating all the problems. Unless they move “non-location sensitive” office jobs from town out to Cherrywood. Lots of banks in town have thousands of staff who don’t need to be on the Liffey.

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    Mute Sirius
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    Sep 12th 2019, 7:34 AM

    Does that include rogue luas surfers?

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    Mute John R
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    Sep 12th 2019, 8:31 AM

    The core issue as always with public transport is population density. Dublin is spread out and by any criteria is not a high density city. It’s a chicken and egg situation. People move further out to get “affordable” housing. This makes providing decent public transport much harder. The State needs to take a large leap of faith and invest in public transport – knowing that in time the city will in-fill as people choose to live in areas with good public transport. But this needs to go hand in hand with a good planning and housing policy. Chicken and egg. Planning and investment is the name of the game. If we can’t get it right in Dublin the rest of the country has no chance.

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    Mute Seriously stunned
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    Sep 12th 2019, 8:26 AM

    Does that include the lovely chaps. Hanging around the luas stops, looking for change and shooting up?

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    Mute Darren Bates
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    Sep 12th 2019, 8:36 AM

    An insane amount of passengers on just two lines and the Red’s dinky Tallaght branch. 15 years and basically the same as we had in the beginning. Start building more lines, get Metrolink started asap and get the DART expanded to Drogheda, M3 Parkway, Maynooth and Hazelhatch by 2025 at the latest.

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    Mute Darren Forde
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    Sep 12th 2019, 9:00 AM

    Great service just a pity it doesn’t cover more area’s at this stage

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    Mute Arthur FitzPatrick
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    Sep 12th 2019, 9:17 AM

    If ever this proves that we need a citywide underground system. Forget bus corridors and get on with a metro system and stop stalling!

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    Mute Tim Pot
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    Sep 12th 2019, 11:16 AM

    @Arthur FitzPatrick:

    if you are lucky you will get a bus corridor in less than 5 years. You would be waiting 15 years for any metro..

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    Mute greg merrin
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    Sep 12th 2019, 9:32 AM

    The Luas is also becoming very unreliable. There’s issues with signalling every other day, not to mention incidents with cars/passengers/pedestrians.

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    Mute thesaltyurchin
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    Sep 12th 2019, 8:32 AM

    Is the Luas Irelands only light rail system?

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    Mute Darren Bates
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    Sep 12th 2019, 8:38 AM

    @thesaltyurchin: yep

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    Mute thesaltyurchin
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    Sep 12th 2019, 4:54 PM

    @Darren Bates: figured. *gets back in car.

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    Mute Me Darlin' Dublin
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    Sep 12th 2019, 7:35 AM

    What a very successful company. Proud of an Irish success. Pity our Government TD’s weren’t as diligent in their jobs.

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    Mute Tadgh carley
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    Sep 12th 2019, 9:13 AM

    @Me Darlin’ Dublin: the luas owned by a French Company

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    Mute Alan Dillon
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    Sep 12th 2019, 10:23 AM

    @Tadgh carley: it’s in public ownership actually. Owned by the state, run under licence by Transdev.

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    Mute Me Darlin' Dublin
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    Sep 12th 2019, 2:05 PM

    @Tadgh carley: the Government owned by Builders and Vulture funds and German French and British banks. Give the Irish workers some credit.

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    Mute Ian Breathnach
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    Sep 12th 2019, 6:59 PM

    @Tadgh carley: They dont own it. They manage it. The company is called Transdev.

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    Mute Darren Forde
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    Sep 12th 2019, 9:03 AM

    When the m50 was getting a extra lang was a time to run the tram from red cow to airport.

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    Mute joe
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    Sep 12th 2019, 10:48 AM

    Start the metro now. Forget the moaners at Beechwood get the metro out to Sandyford.
    That line needs a capacity upgrade!

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    Mute Martin Sinnott
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    Sep 12th 2019, 1:35 PM

    We need an orbital underground for Dublin, NOW no just a mickeymouse line in from the airport to someone near Dublin central

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    Mute John O'Brien
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    Sep 12th 2019, 12:26 PM

    How about a Luas or Metro to the Airport and beyond and not just to Swords. It almost as if towns out that way are non-existent

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    Mute Claire Ela
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    Sep 12th 2019, 5:05 PM

    Looking forward to a long winter of trying to squeeze onto already jam-packed Luas’ at Heuston only for it to stop at multiple junctions and traffic lights and barely speed up all the way to the IFSC *sigh*

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    Mute rufustfirefly
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    Sep 12th 2019, 8:01 PM

    Are the fare dodgers included in these figures one wonders!!

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