skip to main content

High Court approves near €3m McNamara, Lowe debt write-off

Frank McNamara and wife Theresa Lowe have been involved with personal insolvency process since 2016
Frank McNamara and wife Theresa Lowe have been involved with personal insolvency process since 2016

The High Court has approved personal insolvency arrangements allowing musician Frank McNamara and his wife barrister Theresa Lowe to write-off almost €3 million of their debts. 

In a judgment given last year, Mr Justice Denis McDonald said that he was minded to approving Personal Insolvency Arrangements (PIAs) sought by the couple.

However, he wanted certain matters clarified, including discrepancies in documents filed by Mr McNamara concerning his inheritance from his late father's estate.

The matters came before the court on several occasions since last August's decision was handed down.

Today, Mr Justice McDonald said he was approving the PIAs, which were opposed by financial fund Tanager DAC, which is owed €2.26  by the couple.

The judge said that he was "proposing to confirm" the coming into effect of the PIAs in respect of Mr McNamara and Ms Lowe, subject to confirmation that the estate of Mr McNamara's late father "be administered and the assets realised within a relatively short period".

In his judgment, the judge said that "discrepancies have been appropriately explained".

The discrepancies were between the contents of a document called Standard Financial Statement (SFS) completed by Mr McNamara at the request of Tanager in January 2016 and the information provided in his Prescribed Financial Statement (PFS).

After entering the personal insolvency process in 2016 the couple, represented in court by Keith Farry BL, had been seeking approval for PIAs to allow them write off approximately €2.9m of their debts and allow them keep their family home.

That debt had been secured against the couple's family home in Dunshaughlin, Co Meath, which is valued at €550,000.

In addition to Tanager, the couple owed money to parties, including Bank of Ireland, Banco de Sabadell SA, and to the Revenue Commissioners.

Mr McNamara, 59, worked as musical director on RTÉ's Late Late Show for 20 years, while Ms Lowe, 56, was a TV presenter before qualifying as a barrister.

Under the terms of the PIA arrangement, which will see the couple return to solvency, the couple will continue to make payments on their mortgage to Tanager.

The PIA is to be funded by monies Mr McNamara will receive in an inheritance from his late father's estate and also from the sale of five acres in Co Meath.

The proposed PIA will also be funded by lump-sum payment of €100,000 and €30,000 from a life insurance policy when it matures in seven years. 

The court also heard that Mr McNamara has obtained some work doing music at funerals, and some of this additional income will go to the creditors.

Tanager had opposed the PIA on various grounds, including that the arrangement would unfairly prejudice its interests, and that the PIAs would not allow it to recover the debts due to it to the extent that the couple's means reasonably permit.

It further argued that a debtor's requirements under the 2012 Personal Insolvency Act of making a complete and accurate prescribed financial statement had not been satisfied.