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David.ya
Starting Member
6 Posts |
 Posted - 27 September 2010 : 10:59:52
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Good day.
My situation is as follows: I have been abroad for 2 years and at the end of this time I decided to invest borrowed money of 5000 pounds into handicrafts from India for export to the UK. These goods did not arrive to the UK and now I have this debt without any way to return it and not able to meet minimum payments, and I am unemployed.
Please can you tell me if I will be eligable for bankruptcy since I was abroad at the time that I took this credit. My accounts have always been registered to a family members address in the UK. If I apply for bankruptcy, is there any way that the court will investigate where I was when taking this credit, will they check my passport for example?
Thanks |
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 28 September 2010 : 01:01:17
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David,
You don't say where you currently are, as you have to satisfy in the petition what your centre of main residence has been for the last 3 years (called COMI).
Big Al |
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David.ya
Starting Member
6 Posts |
Posted - 28 September 2010 : 07:30:17
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Big Al, thank you for the answer.
I am currently in Russia, I arrive into the UK in 4 weeks with intention to declare bankruptcy. I want to claim that my COMI was in the UK for the last 3 years, but my passport indicates that I have spent a long period abroad, although the money lenders are not aware that I have spent so long abroad. What I want to know is whether or not this information will be scrutinised by the court. Or can I declare that my country of residence has mostly been the UK? My accounts have always been registered to a family members address in the UK.
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 28 September 2010 : 12:42:44
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David,
(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 Russia is outside the EU, and that 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 |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 28 September 2010 : 23:32:50
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Hi
I would agree with BigAl
I can;t see a reason why you cannot petition for Br however
1. if you come straight back & petition ( without having a UK home ) then you should petition for Br at the High Court in London.
2. if you mave to the UK and set up a home then you should petition in your local court.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
08454 751 851
Real People ..... Real Debt Solutions |
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David.ya
Starting Member
6 Posts |
Posted - 29 September 2010 : 06:39:11
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Thank you for your responses.
I plan to live with my sister upon arrival to the UK, I assume it is fine for me to petition at her local court?
In your opinions, is it worthy to hire a lawyer to assist me in my petition, or do you suspect that I can make this independently?
Many thanks.
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 29 September 2010 : 08:19:22
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If you plan to declare BR within one or two months of arriving in the UK then I would email the BR Clerk at the court local to your sister and explain the circumstances and see if they will declare you BR or say that you should declare at the High Court in London. The last thing you want to do is turn up at the court and find they won't declare you BR.
There is definitely no need for a lawyer to declare BR. RevivaUK have a BR Assist option where, for a fee, they will help you complete the forms and even accompany you to court if you require but from what you have said you should be able to complete the forms and petition yourself. I would say download the forms and try to complete them. You can always ask questions here if you are unsure of what to put in particular sections but the forms aren't difficult to complete. During the OR's interview you will go through the forms and it isn't a major problem if you have put something in the incorrect section or have forgotten to enter a piece of information. |
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David.ya
Starting Member
6 Posts |
Posted - 29 September 2010 : 11:57:03
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Thank you for your response.
Assuming BR is declared, do I personally have to notify my creditors or is there some kind of automatic notification system in place?
I have two creditors: a Post Office credit card and an overdraft with Barclays. Will they adhere to my bankruptcy easily or can they pursue the monies outstanding despite BR?
Also when my creditors do submit to BR, will they automatically deactivate my accounts?
Many thanks
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David.ya
Starting Member
6 Posts |
Posted - 29 September 2010 : 11:58:20
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Also please where can I find these BR forms online, because the links I have found do not seem to work?
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 29 September 2010 : 13:19:01
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David,
once you're declared bankrupt, creditors can no longer lawfully pursue the debt, just advise them of the bankruptcy order number, the court and date.
Your creditors will know through it being advertised in the London Gazette, plus once you've been interviewed by the OR, they will be sent a report to creditors.
However, as you intend to petition then you could advise your creditors of what you are doing, they should then stop any enforcement action.
As for the forms:
1.Go on the Insolvency Service website
2.Click on the Forms tab
3.Click on the link for forms for England /Wales
4,You then need forms 6.27 and 6.28 for a debtors petition.
Hope this helps
Big Al |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 30 September 2010 : 10:47:49
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Unfortunately you can no longer complete the forms online, this has now been phased out.
Please see the attached information from the Insolvency Service website, which also contains a link to the Microsoft Word forms - https://www.insolvencydirect.gov.uk/isolv/
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 30 September 2010 : 12:53:34
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Apologies, the instructions were for the MS word forms, not online as that was phased out on 3rd September. 6.27 is the petition, 6.28 is the statement of affairs.
Big Al |
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Topic |
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will I be eligable for bankruptcy ?
