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| desperationstation |
Posted - 27 October 2010 : 23:28:31
Can I declare bankruptcy from South Africa? If so, could you recommend a reputable company that could arrange it on my behalf? Does bankruptcy affect my UK personal pensions if I have them transferred to an offshore account (Guernsey or South Africa)? |
| 2 L A T E S T R E P L I E S (Newest First) |
| Bigal4787 |
Posted - 29 October 2010 : 15:01:03
Hi desperationstation
this is from a previous post I made regarding bankruptcy when you're abroad:
1)A bankruptcy petition shall not be presented to the court under section 264(1)(a) or (b) unless the debtor—.
(a)is domiciled in England and Wales,.
(b)is personally present in England and Wales on the day on which the petition is presented, or.
(c)at any time in the period of 3 years ending with that day—.
(i)has been ordinarily resident, or has had a place of residence, in England and Wales, or.
(ii)has carried on business in England and Wales.
The above is an extract from section 265 of the insolvency act 1986, which gives some options, which are:
1.Live in England and Wales(E/W)
2.Be in E/W on the day the petition is presented
or
4.At any time in the 3 years previously has lived, or had a place of residence in E/W
5.Carried on business in E/W
As regards the court scrutinising the petition, it is more likely that the OR will, therefore it's best to be up front with where you have been. However, I do believe that as South Africa is outside the EU, and if you have not been there for more than 3 years, then you should be able to apply for bankruptcy, but it may be at the High Courts of justice in London.
If it was an EU country, any more than 3 months, then you have to do it in that country, as always though seek further advice from an IP, due to your situation.
Big Al |
| gettingoutofdebt |
Posted - 28 October 2010 : 10:36:52
If you are a UK citizen then you can declare BR if you are living abroad provided you left the UK less than 3 years ago.
I would not recommend transferring your UK pensions offshore to try and hide them as they will be found by the OR and this will get you in a lot of trouble with the OR.
As for a company you can use Reviva UK: http://www.revivauk.com/ as they are experienced in assisting people living abroad who wish to declare BR in the UK. |
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