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Declaring myself bankrupt whilst living in the Netherlands


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Hi all,

 

I hope someone can help me with some advice.

 

I lived in the UK for 8 years with my English husband. Then our relationship went sour, he moved out of our joint mortgaged property, leaving me to pay all the bills (such as the mortgage) which I couldn't. The house is now being sold but with a huge shortfall (£30k) and I have some smaller debts which are in my name because he was unemployed (credit card £1900, personal loan £1200). First there was talk of voluntarily handing back the property to the mortgage company because of arrears so to avoid being homeless I moved back to the Netherlands where I'm from (moved in with my mother in January 2013). My husband is now saying that he will declare himself bankrupt and leave me with the joint debt (which is the shortfall on the mortgage). I don't see how I can pay back the debts (unemployed) and find it unfair that I will be solely responsible (but understand that's just how it is). I am now also considering bankruptcy but want to do that in the UK where my only debts are. I understand that I will have to move back to the UK for at least 3 months plus 1 day to show that my 'centre of main interest' is in the UK before I can declare bankruptcy which is fine. I can rent a room and find some kind of job. Alternatively, someone suggested that since I still have a house in the UK, I wouldn't need to!? I could just go the local court and apply for bankruptcy. Do you need to prove to the Official Receiver that I've been living in the property? I do pay all the bills still such as council tax and home/content insurance. Will he need to see any bank statements to prove that I've been paying for food and such?

 

How will the official receiver look at me moving back to the Netherlands after I've applied for bankruptcy and before it's been discharged? It will be pretty obvious that I moved to the UK just to declare myself bankrupt, right? But will the OR care??? I read that he might care if I have debts other than in UK and I moved to the UK to clear those foreign debts (to make use of easy UK bankruptcy laws). But these are UK debts only incurred whilst living in UK.

 

I have a child that I'll leave with my mother but don't want to stay away for a year or more. I will remain in full contact with the OR when back in the Netherlands. I don't have assets in either country after the UK property has been sold and no debts in the Netherlands so it makes sense to be bankrupt in the UK only!? I have nothing to hide. I just don't want to be bankrupt in the Netherlands where it takes 6 years for a clean slate instead of 1 year.

Sorry for the long story.

Any advice would be MUCH appreciated!

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Hi kikker88

 

A warm welcome to CAG, I am sure the caggers will be along to give you some advice.

 

Have you looked at The Insolvency Service website: http://www.bis.gov.uk/insolvency/personal-insolvency/bankruptcy-what-is-bankruptcy/make-myself-bankrupt-abroad

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If you contact the UK debt charity Stepchange on Monday, they will be able to tell you what you need to do.

 

http://www.stepchange.org/

 

I am sure that I have read of people just flying to the UK and going to a court to declare themselves bankrupt.

We could do with some help from you.

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You need to wait until the house has fully sold, if you apply for Bankruptcy before you will still be liable for the shortfall of your property.

 

The Bankruptcy Petition can be downloaded from the Insolvency Service website, before flying to England (if applicable) to petition the Court for your bankruptcy, you need to book an appointment with your previous local County Court.

 

Don't worry about the Judge, he/she will not shout at you or lecture you, just be honest with them.

You do not stand in any dock (like on tv), its all done in a private room sitting around a desk.

 

Best Wishes

 

Stigman

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