The National Asset Management Agency believes that bankrupt developer Seán Dunne is claiming he owes $44 million (€33 million) to his wife Gayle Killilea and a separate sum to his first wife, according to a new court filing made in the US.
The State loans agency made the disclosure in an application to a court in Connecticut, where Mr Dunne lives and filed for bankruptcy in March, seeking the judge's permission to continue its action seeking discovery of information in Irish family law proceedings involving the Co Carlow developer.
Nama told the Connecticut court in a new filing that the family law proceedings “may involve the debtor’s current wife, Gayle Killilea”. It was seeking information relating to debts listed by Mr Dunne in his US bankruptcy filings, about which he has refused to testify, citing the in camera rule that cloaks family law cases in secrecy.
Nama said that “upon information and belief, the claim listed by Dunne as purportedly owed to his present wife amounts to $44 million”.
Mr Dunne listed the debts of $44 million and another sum among total liabilities of $942 million (€718 million) in a statement of financial affairs he filed in May but he did not reveal the identities of those parties.
Rose Alice Murphy, a solicitor in Nama’s legal department, said in an affidavit filed on Wednesday in the Connecticut bankruptcy court that Nama applied to the Irish High Court’s family law section on February 1st, 2013, seeking information in the family law proceedings involving Mr Dunne.
The application was made to ascertain information about Mr Dunne’s assets, liabilities and financial affairs to help Nama enforce a judgment of €185 million obtained against the developer in March 2012.
The agency said that interested parties such as Nama may obtain “judicially sanctioned disclosure of information concerning Irish ‘in camera’ family proceedings” through discovery proceedings.
Ms Murphy said several hearings had taken place in the family law case with counsel for Nama and Mr Dunne appearing, but the case was put on hold after he filed for bankruptcy in the US in March.
Nama told the court that the US court-appointed trustee overseeing Mr Dunne’s bankruptcy supported the State agency’s discovery action as the information would help the trustee learn more about Mr Dunne’s financial affairs.
Last month Mr Dunne was also made bankrupt in Ireland, making him bankrupt in two countries, on an application to the High Court by Ulster Bank over a debt of €164 million that the developer owes the bank.
