Monday will be decision day for Pamela Flood and her husband Ronan Ryan in their battle with Tanager, the owner of their €1.2m mortgage debt.
A High Court judge will decide if the vulture fund can move to throw the couple and their young family out on the street or have Tanager accept the outcome of 11th-hour personal insolvency proceedings that restaurateur Mr Ryan brought only weeks ago against all his creditors.
Mr Justice Garrett Simons was told yesterday that the couple had been making €3,770 monthly repayments on the mortgage since last March and want to stay in their home at Mount Prospect Avenue, Clontarf, while addressing the loan they had not paid a cent on for almost 10 years.
Mr Ryan's barrister Keith Farry asked Judge Simons to grant the couple a stay on the recent order of Circuit Court Judge Jacqueline Linnane, who granted Tanager leave to proceed with a repossession order and refused them a stay while they appealed her decision.
That appeal, estimated to take half-a-day, was listed for November.
However, Judge Simons said that, rather than continuing with "the slightly absurd" situation of spending a day deciding if he should stay Tanager's hand or not until November, he would sit specially next Monday to hear the whole appeal.
There had been a consent undertaking by Tanager not to evict the Ryans until yesterday's application had been dealt with.
Mr Farry, who appeared with Cork solicitor Eugene Carley, said that although Mr Ryan had sought personal insolvency protection from his creditors without specifically informing his Personal Insolvency Practitioner (PIP) that a consent repossession court order was in place, it would not materially have affected the insolvency judge's making of a 70-day Protective Order that could not be breached by any creditor.