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| micheal |
Posted - 30 June 2008 : 10:13:34
Can I file for bankruptcy while not in UK? I currently live in the Philippines. |
| 5 L A T E S T R E P L I E S (Newest First) |
| pix1 |
Posted - 06 March 2009 : 12:57:51
Just looking at the Insolvency Service link again ("Can I make myself bankrupt in England if I live abroad?")
Julian,
I think, actually, it only has to be one or the other but surely they would need someone present at the court to sign? Could the two forms go through the post as long as they are signed?
Presumably, if you were trying to go bankrupt for debts from more than 3 years ago you could not do it from abroad? |
| pix1 |
Posted - 06 March 2009 : 12:51:54
See this link;
http://www.insolvency.gov.uk/faq/faq.htm#13
Question: Can I make myself bankrupt in England if I live abroad?
Answer: Yes. If you are living in an EU member state, except Denmark, you must show to the Court that your centre of main interest is in the UK. If you live in another part of the World you can present a bankruptcy petition in England 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.
You may also find it helpful to read the Insolvency Service publications titled 'Guide to Bankruptcy' and 'Dealing with debt - How to petition for your own bankruptcy'
So, I think, "(a)" can be got round by power of attorney, and "(b)" you need to have been in or carried on business in England (& Wales, Northern Ireland?) in some of the past 3 years.
Of course, debts in another country may not be covered. |
| JulianDonnelly |
Posted - 30 June 2008 : 15:30:07
Hi all,
In short, yes you can (but at a price). Various firms will do this for you under a Power of Attorney. As long as you have a contact telephone number for the OR interview, that should be fine.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
| mst |
Posted - 30 June 2008 : 13:00:37
I too am interested in seeing the experts answer to this question. I am contemplating undergoing a 12 month secondment to Manila which could start in as little as 2 months time. I want to petition for my own Bankruptcy prior to leaving but not sure if I will be able to conduct the OR interview in the UK.
Does anybody on here have any knowledge of cases where the OR can deal with someone abroad? Does the interview always have to be face to face and can any payments due be organised from abroad.
I need to go BR but do not want to miss out on a once in a lifetime opportunity to work in the Phillipines. |
| m and v |
Posted - 30 June 2008 : 10:28:45
Hi Michael - welcome to the forum.
One of the BR assist experts will be online soon to answer this for you.
I know others have petitioned BR from out of the country - I think you can give someone "power of attorney" ....type of thing... to act for you, although I am not 100% certain and you'll need to know how the OR deals with your case.
Someone will be online soon to help
Vicki x |
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