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Alienontherun

Filling for Bankruptcy in London and moving to Ireland

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Hi Folks,

 

I'm in the process to fill for bankruptcy. I've been living in London for almost 10 years and have battling debts for the past 4 or 5 years.

 

Would there be any problem in filling for bankruptcy in London and move to Ireland (Southern Ireland, Dublin) soon after being declared bankrupt?

 

I hope to get any help on this topic.

 

Thanks in advance for any help.


Blessed are the flexible, for they shall not be bent out of shape. -Author unknown

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No problem at all, just remember that in a small number of cases you may be required to attend the Official Reeivers office in person and you have a duty to inform the OR of any changes during your bankruptcy.

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Thanks for your reply and appologies for my late reply.

 

On the other hand, I suppose being unemployed doesn't stand on the way to file for bankruptcy, or does it?


Blessed are the flexible, for they shall not be bent out of shape. -Author unknown

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not at all, many bankrupts are unemployed, hence why they are bankrupt

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Hi debtinfo,

 

A doubt has irised! According to the insolvency.gov.uk Frequently Asked Questions, the Court will usually regard the country where you carry on a business or earn your living as your centre of main interest. The Court will also consider the place where you normally live, i.e. your country of habitual residence. If you are not employed or self-employed your centre of main interests will be the country you normally live in at the date of the petition.

 

So, what would you say that may happen in my case, when I intend to move to the Republic of Ireland, where individuals are discharged after 12 years of being declared bankrupts?

 

Is it correct to assume that the judge will apply the bankruptcy rule of the Republic of Ireland where I will move to after being declared bankrupt?

 

Thing is, I file for bankruptcy in the UK, the judge declares me bankrupt and then I move to Republic of Ireland. So, eventually when I inform the OR that I'm living in Ireland, can he say that because I'm living there I'll be discharged after that number of years?

 

Thanks for your help.


Blessed are the flexible, for they shall not be bent out of shape. -Author unknown

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Definitely not!

 

Its where you live (and in the case of the UK lived for the last 6 months) on the date you present the petition.

 

If you do this, attend the OR's meetings and then move to Eire, you will be discharged under the UK rules which is normally 12 months.

 

You might not want to inform the OR of your intention to move at the first interview and instead advise him later, say just before you depart.

 

Good luck!

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Just to agree with spitfire, this rule is to stop people who have been living in the ROI coming over here as "Bankruptcy Tourists" to get easier bankruptcy restrictions. This is totaly different from yourself who has been living here for 10 years and has incurred your debts here, It all goes on where you are living and working before the bankruptcy not after

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slightly different circumstances in that case though as they had already moved prior to filing

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Sorry for the thread hijack, but I lived in the UK until Jan this year, then moved to the ROI, could I still go BR in the UK as was suggested?

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are you a uk citizen

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Hi

 

When you are made bankrupt or enter into an IVA, these are lodged within the court that deals with your living area within their insolvency jurisdiction. You have to have lived at your address for the greater part of 6 months in order for that court to deal with your insolvency. If you move to another part of the same town/city, the court will not need to be changed, however, with you moving to Ireland you bankruptcy shouldnt be affected, but you may need to notify your OR in order to change courts, or amend the details in court.

Hope this helps

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Hi. I,m a UK citizen, worked and paid taxes in England all my life, moved to the ROI this year. All debts are in the UK, no asetts either in the UK or Ireland, bit I,m now working in the ROI!

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Hi. I,m a UK citizen, worked and paid taxes in England all my life, moved to the ROI this year. All debts are in the UK, no asetts either in the UK or Ireland, bit I,m now working in the ROI!

 

You need to have been a resident in the UK for 6 months prior to presenting the petition. If you could show that you are still a resident and in ROI temporaily you might get away with.

 

On the flipside what are the UK creditors going to do anyway if you are now abroad?

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Hi Nearly Here

 

this is the relevent part of the OR's Technical manual

 

41.64 EU-based UK national seeking protection of courts in England and Wales

There are circumstances where a UK national may attempt to seek the protection of the courts of England and Wales despite their COMI being, on the face of it, in another EU state (see paragraph 41.61). An example of this may be a member, or relation of a member, of the UK armed forces or employee of the UK government (for example, the diplomatic service) based overseas.

In these circumstances it may be open to the individual to present a petition for bankruptcy on the basis that their COMI is still in the UK although they are resident and employed abroad. The petition would most likely be presented in the High Court based on the condition that they are personally present in England and Wales on the day of the presentation of the petition [note 9] though, ultimately, it will be for the court to decide on the location of the debtor’s COMI and where, therefore, the proceedings should be opened.

Matters that the court might take into consideration would include the location of the debtor’s banking arrangements, the tax regime to which they are subject, whether they have retained a home in the UK to which they intend to return at the end of the posting and the terms and length of their contract or posting.

Where the official receiver is concerned that proceedings opened in the England and Wales under these circumstances ought to have been opened in another member state of the EU, he/she may follow the guidance outlined in paragraph 41.77 and seek a review of the bankruptcy order

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You need to have been a resident in the UK for 6 months prior to presenting the petition. If you could show that you are still a resident and in ROI temporaily you might get away with.

 

On the flipside what are the UK creditors going to do anyway if you are now abroad?

 

Whilst I'm here in the ROI, am I worrying when I have no need to? (all though moraly I know this is wrong)

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If you aren't receiving letters from UK collection agencies and don't plan returning anytime soon you might just wait the six years out.

 

Having an address in the UK where mail is not returned "gone away" will reduce the likelihood of them looking for you too.

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If you aren't receiving letters from UK collection agencies and don't plan returning anytime soon you might just wait the six years out.

 

Having an address in the UK where mail is not returned "gone away" will reduce the likelihood of them looking for you too.

 

 

not a good thing to do ! running away from debt do not make them disappear ! they coudl easily get a CCJ while "goen away" and then can pursue when they want and with a CCj then can pursue until the debt is fully repaid.

 

you can declare yourself in london Br and then move to ROI with no problem however you will still have to answer to the OR questions either by phone , post or face to face.

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I am sort of in the opposite position. My debts are in Ireland but I have moved to England and I expect that I will be here for several years.

 

I am very grateful for any assistance that can be given.

I will outline my circumstances first and then my questions.

 

First the circumstances and I apologise if I go on a bit.

I am a Republic of Ireland citizen and own a home in the Republic of Ireland.

I am married and have a 3 year old son and a 1 year old daughter. My wife is also a Republic of Ireland citizen.

We both have family in England.

 

In February of this year I lost my job (I had been on € 60,000 per annum).

I work in a specialised area of IT.

 

In 2006 I paid €364,000 for my house which is now in negative equity (based on sale prices nearby) of about € 100,000 - € 120,000.

 

Unfortunately it took me 7 months to find work and when I did find work I had to move to Bristol.

My job in Bristol is reasonably well paid (£34,000) and I live in Bath which I like.

However the delay in finding work in Ireland has badly affected our savings. They have declined from €30,000 to €4,000.

This coupled with the fact that even though my salary can support a nice standard of living it is (obviously) in sterling means that even though I have not yet defaulted on my mortgage default is inevitable.

I have no other significant debts.

I am currently renting a one bedroom flat just outside Bath.

 

My Irish mortgage is about € 1,900 (£1,800) and my rent is about £600. That's pretty much my whole take home pay gone.

I don't see a prospect of finding work in Ireland for at least a year (and perhaps more).

 

I would like to bring my wife and children to England and my wife is happy with the idea.

 

Now for the Questions

Will I be allowed to go bankrupt in England?

If I go bankrupt in England can I repudiate the house that I own in Ireland?

I really just want to hand the house back and forget about it. I really don't care if I have to rent for the rest of my life!

If I am a UK bankrupt I understand that a good part of my salary will be taken for a year to pay my debts.

Will we be allowed to rent a 2 bedroom house in an OK part of Bath? Would a rent of £900 a month be OK?

 

And most importantly does an Irish court have to recognise my English bankruptcy? Don't want to get arrested in 10 years time because in Ireland you can still go to jail for debt!

 

By the way I googled 'bankruptcy tourists' but would the English courts not regard Irish people living in England as something normal, especially if I am working and my family is here?

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