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gh5
Starting Member
1 Posts |
 Posted - 04 February 2010 : 08:29:22
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| I am abroad and have no money left to pay my creditors, no assets and no home. How do I declare bankruptcy if i am not in the uk? |
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 04 February 2010 : 09:00:35
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Good morning GH5
There are different rules and regulations depending on which country you reside and the length of time you have resided in that country. I have taken the liberty of extracting the rules from the Insolvency Service website and I hope that it is of some help. Do fell free to come back to the forum with more details.
If you are living in a European Union Member State (except Denmark) a bankruptcy order made in England and Wales will be accepted in all EU countries. Before the Court will make a bankruptcy order you must show that your "centre of main interests” is in the UK.
The court will usually regard the country where you carry on a business or otherwise earn your living as your centre of main interests. If you are unemployed or self-employed your centre of main interests will be the country you normally live in at the date of the petition.
Therefore, if you live or work in the another country of the EU (apart from Denmark) you cannot go bankrupt in England and Wales.
If you intend to re-locate to the UK and establish your centre of main interests here, to take advantage of personal insolvency legislation, you should be aware that the official receiver will investigate the truth of your move. If your re-location is only temporary or false, for example if you continue to work in the country where you formerly lived, the Court can rescind (remove) the bankruptcy order.
If you live in another part of the World (or Denmark) you can make yourself bankrupt in England and Wales if:
(a) you are personally present in England and Wales on the day you present your petition for bankruptcy to the court, or
(b) if you have lived or carried on business in England and Wales in the previous three years.
The country in which you live may not recognise the bankruptcy proceedings and creditors may still be able to take action against you in the country you live in. Those countries that have put an international agreement known as the UNCITRAL Model Law into law are more likely to recognise a bankruptcy order made in England and Wales.
All the best
John Blackadder
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tom_w
Starting Member
1 Posts |
Posted - 04 February 2010 : 09:12:07
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| I am in the same boat, no assets, I'm living in the philippines (as a tourist though doing cash in hand stuff and charity work for very little). I ran out of money a long time ago and have been unable to repay my debts. I need to go bankrupt I'm just not sure how to go about it, I can get back to the UK (which I plan to do) to go bankrupt but then would be unemployed. how do I start the process from over here? and how long does the whole thing take, from making the decision to go bankrupt to actually having the bankruptcy order put on you by the court? |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 04 February 2010 : 09:36:43
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If you are in the Philippines then there is no problem declaring BR in England or Wales. You can either come back yourself to the UK and petition at the High Court in London or give someone the Power of Attorney to petition on your behalf.
The BR fee at the High Court is £522 and you can just turn up on the day at 10am and then be declared BR several hours later. You will need to complete the BR forms 6.27 and 6.28 in order to petition. These can be completed online but you will need to take 3 copies with you to the court when you petition. |
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 04 February 2010 : 09:41:27
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Hi, Tom
You can make yourself bankrupt if you personally present yourself at the High Court in London. It will however cost £522 to make yourself bankrupt - you should be able to claim some of this back afterwards. If you go onto the Isovency Service website, there is a link to "do it online" which allows you to complete the documents for your bankruptcy. You can then turn up on any weekday morning at the court, pay your fees and you will be made bankrupt.
All the best
John Blackadder |
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I am abroad and have no money left
