Coan v. Dunne

          LETTERS ROGATORY TO THE HIGH COURT OF IRELAND, INNS QUAY, DUBLIN 7, IRELAND RE MR. ROSS CONNOLLY

          The Honorable Jeffrey A. Meyer U.S. District Judge.

         The United States District Court for the District of Connecticut, Honorable Jeffrey A. Meyer, located at 141 Church Street, New Haven, Connecticut 06510, United States of America, presents its compliments to the High Court of the Republic of Ireland and requests international judicial assistance pursuant to the Foreign Tribunals Evidence Act 1856 and Order 39, Rules 39-44 of the Rules of the Superior Courts 1986, to obtain the testimony of Mr. Ross Connolly who has knowledge of matters described herein, for use in the determination of the above-captioned civil proceedings pending before the District Court.

         Mr. Connolly is within the jurisdiction of the High Court of Ireland. On information and belief, Mr. Connolly's residential address is 38 Knockabawn, Rush, Co. Dublin, and his business address is 61 Merion Square, Dublin 2, and c/o Clerkin Lynch, 30 Molesworth Street, Dublin 2.

         The firm of AMOSS Solicitors, which has been retained by Coan, Lewendon, Gulliver & Miltenburg, LLC, counsel to the Plaintiff, is hereby authorized to make the application to the High Court of Ireland on behalf of this Court.

         PROCEEDINGS

         The evidence requested relates to the action pending in the United States District Court, District of Connecticut, entitled Richard M. Coan, Trustee of the Bankruptcy Estate of Sean Dunne v. Sean Dunne et al., Civil Action No. 3:15-cv-0050-JAM, consolidated with an adversary proceeding filed in the Bankruptcy Court for the District of Connecticut and seeking to recover from defendants assets that allegedly belong to the bankruptcy estate of Sean Dunne ("Dunne").

         NATURE AND PURPOSE OF PROCEEDINGS AND SUMMARY OF FACTS

         Plaintiffs Claims and Allegations

         Plaintiff is the Chapter 7 (personal bankruptcy) Trustee of Sean Dunne ("Debtor") in the United States. The Trustee alleges that Dunne fraudulently transferred assets to family members or otherwise concealed assets in various entities, with the purpose of defeating the claims of creditors or otherwise making those assets unavailable for distribution to those creditors.

         The Trustee seeks to avoid and recover these various transactions on the alleged basis that they were fraudulent as to Dunne's creditors and to prevent assets from becoming available to the trustee for distribution to creditors. Among the transactions sought to be set aside (including on the basis that there were transfers for no consideration and/or the Dunne was insolvent at the time) are:

(a) a transfer of property known as Walford located on Shrewsbury Road, Dublin;

(b) a transfer of property located at 81 North Wall, Dublin;

(c) the transfer, by assignment, of rents due Dunne from a property called Ouragh in Dublin, subject to a lease as an Embassy to the Government of the Republic of South Africa;

(d) the transfer of monies between Dunne and Gayle Killilea between their respective Credit Suisse accounts, located in Switzerland;

(e) the transfer of income due to Dunne from a partnership known as the Lucy Partnership;

(f) the transfer of Dunne's interests in Mountbrook USA, LLC;

(g) the transfer of Dunne's interest in condominiums located in Geneva, Switzerland; (h) the transfer of furniture and ...