Hello, Is it possible to apply for bankruptcy in the UK whilst living abroad? I have an outstanding debt to HMRC but have now lived in Greece for the past 3 years and no longer own a property or have any assets in the UK. We do not have any plans to return there and would appreciate some advice.
Firstly I apologise for changing your avatar but you were using one assigned to a forum expert so I've removed that one.
Please read this taken from the Insolvency Service website:
Can I make myself bankrupt in England or Wales if I live abroad? It could depend on which country you live in or how long you have lived abroad.
If you are living in a European Union (EU) member state, except Denmark, you must be able to show to the court that your centre of main interests is in the UK. If you live in another part of the world, including Denmark, you can present a bankruptcy petition in England or 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) 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.
What is a centre of main interests? Under the EC Regulation on Insolvency Proceedings, if you live in an EU member state, except Denmark, you can only make yourself bankrupt in the country where you have your "centre of main interests".
There is no definition of a centre of main interests but the court will usually regard the country where you carry on a business or earn your living as your centre of main interests.
The court will also consider the place where you normally live. 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.
Hello,Is it possible to apply for bankruptcy in the UK while living abroad ?
Posted - 13 February 2013 : 08:05:36
