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Shelley.ct
Starting Member
1 Posts |
 Posted - 17 January 2011 : 01:53:11
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hi
I am currently living in Australia and have been since November 2008. I have a lot of debt in the UK which is currently being managed by gregory pennington. I'm unsure of the total amount now as I also had a house which was repossessed whilst I was here. I do know though that I will never in my life time be able to pay off the debt (I have chosen not te be told the full amount). Is there a way I can declare bancrupsy from here and how will it affect my life here? Will or can they freeze my Australian bank account and will it affect my credit status over here? |
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 17 January 2011 : 07:17:51
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Dear Shelley.CT
If you live in another part of the World (or Denmark) you can make yourself bankrupt in England and 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) 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. Those countries that have put an international agreement known as the UNCITRAL Model Law into law are more likely to recognise a bankruptcy order made in England and Wales and includes Australia.
Hope this helps.
John Blackadder
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 17 January 2011 : 10:24:01
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Hi Shelley
you can either fly back to the UK and declare yourself or you can appoint a lasting power of attorney, who will deal with your UK affairs.
I am aware that Paul at reviva (expert to left) deals with LPA may be worth giving him an email
Richard |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 17 January 2011 : 12:17:44
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I think you will need to get it done before November this year as you should have been resident in the UK during the last three years.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 17 January 2011 : 12:43:42
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agree with Kallis
however please be aware that the public guardian office for LPA have delay can be 8 - 12 weeks, i would encourage not to wait until November and start ther ball rolling soonest
Richard |
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 17 January 2011 : 16:16:31
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Hi Shelley,
having dealt with someone who defaulted an IVA, then moved to Australia, the supervisor petitioned for bankruptcy at the High court in London, as they had resided in england and wales at some time in the last 3 years.
Extract from the Tech manual:
As this country is not in the EU, the court was able to make a bankruptcy order against the debtor under the Insolvency Act 1986 [note 10] which states that a petition can be presented against a debtor if he or she “at any time in the period of 3 years ending with [the day of the presentation of the petition] has been ordinarily resident, or has had a place of residence in England and Wales”.
As Australia, is a signatory he was then able to pursue that person in Australia through an appointed agent there, so if you have assets etc in Australia they could be at risk.
Regarding an LPA(Lasting Power of Attorney), once a bankruptcy order is made, any power of attorney in respect of financial affairs is revoked, this was confirmed to me by the office of the public guardian, when dealing with someone who claimed his "advisor" had an LPA in respect of his financial affairs.
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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Can I declare bankruptcy from Australia ?
