| T O P I C R E V I E W |
| hans,sz |
Posted - 16 January 2010 : 14:40:22
Dear Sir/Madam,
does the Bankruptcy Procedure apply to me as a German but being a resident/paying Council Tax in this country for more than 12 years?
Thank you in advance,
Hans |
| 14 L A T E S T R E P L I E S (Newest First) |
| Reviva UK |
Posted - 17 January 2010 : 15:56:47
I think this confirms that it is not a simple task petitioning for Br in England & Wales if you are not a UK national.
There are many variables and it is important to speak to an expert.
Many of the county court judges are also not 100% sure how to interpret the law so this is going to v=continue to be a hot topic.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
| Skippy |
Posted - 17 January 2010 : 13:59:30
No worries! If you want to edit something straight away it's not a problem, it's only when people have replied and it can all start to get confusing!
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
30 IPA payments made, 6 to go - the end is in sight! |
| debtinfo |
Posted - 17 January 2010 : 13:42:47
sorry skippy, hit send and wanted to chage it straight away |
| Skippy |
Posted - 17 January 2010 : 13:28:59
As per the Forum Etiquette, please don't edit posts after they have been answered unless it's just to correct a spelling mistake.
Deleting or adding information to posts once people have replied can makes the replies look stupid, and makes the thread difficult to read.
If something has changed, please just create a new post explaining this.
Thanks!
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
30 IPA payments made, 6 to go - the end is in sight! |
| debtinfo |
Posted - 17 January 2010 : 11:07:52
sorry, i didnt read your post properly, so changed my response
I think what i am trying to get at is if you have lived and worked in germany for all of your life but made one trade in the uk 2 1/2 years ago, that is not suficient to have your bankruptcy here.
You need to show that you have been genuinely living OR trading in the UK for a substantial period of time imeadiately prior to your bankruptcy |
| Daniel Griffiths |
Posted - 17 January 2010 : 10:36:31
Dear Debtinfo
As you have now edited your post removing the link you gave me I realise you may have now read the same and agree what I have said is now correct |
| Daniel Griffiths |
Posted - 17 January 2010 : 10:10:25
I am aware of this it confirms my post,it is more important where a debtor trades than where a debtor lives, if a debtor resides in one country and lives in another his centre of main interests is where he trades not where he lives |
| debtinfo |
Posted - 17 January 2010 : 10:04:32
Most people trade in the country they work in, and so it usually comes down to where they have lived |
| Daniel Griffiths |
Posted - 17 January 2010 : 09:52:07
Sorry Debtinfo I beg to differ,
Taken from Personal Insolvency Law in Practise Steven Frieze,
The Debtor and the Debt Chapter two
Foreigners
At one time the English bankruptcy court would only exercise jurisdiction over a foreigner if the foreiger (A) Came to England (B) contracted debts in England and (c) commited an act of bankruptcy in England, Now although the foreigner must still owe a debt or debts which are enforceable in this country the bankruptcy court will exercise jurisdiction over him EVEN if he has never been personally in England PROVIDED that he has at any time in the three years before the presentation of the petition carried on business there as a manager or been a partner in a firm carrying on business in England. If this rule has recently changed then I stand corrected |
| debtinfo |
Posted - 17 January 2010 : 09:31:13
Hi daniel, this is not correct, Paul from reviva has set out the correct criteria |
| Daniel Griffiths |
Posted - 17 January 2010 : 08:39:55
The main criterior is have you carried on business here in the last three years,however not in the capacity of a director of a limited company, but personally, and more importantly are your debts enforceable in the English courts, if the above is correct I believe you can be granted bankruptcy jurisdiction even if you have never lived here. |
| Reviva UK |
Posted - 16 January 2010 : 23:12:46
Hi
Petitioning for Br in the UK ( as an EU national ) has become more difficult recently because of the bankruptcy tourist problem.
Br in England is only for 12 months ans INCLUDES debts in all EU states. Whereas Br in most other EU countries lasts for considerably longer.
The official receivers office is now on the look out for "tourists" and are actively trying to overturn some petitions.
You will need to be able to demonstrate that your "Centre of Main Interest" is now in England or Wales and that in effect your life is now here.
Job, home, relationship, bills, bank accounts and even debt.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
| Housing |
Posted - 16 January 2010 : 18:55:02
Hi
Might be worth a call to the insolvency experts that post here.
I suggest Paul or Melanie - in the first instance. They will guide you.
There are others who post here that have a real good level of experience and I am sure will be able to assist you and point you in the right direction.
Good luck, Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and hero of mine!!) |
| debtinfo |
Posted - 16 January 2010 : 14:54:17
If you gan genuinely prove you have lived in the UK for more than 12 months for genuine reasons then you can apply for bankruptcy here.
Be warned. The OR will look very closely and check everything |
