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 Would I be accepted in a British court if I filed for bankruptcy ?
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Mark.rt
Starting Member



2 Posts

Posted - 18 April 2012 :  19:36:45  Show Profile  Visit Mark.rt's Homepage  Reply with Quote
Maybe you can help me? I live in Germany at the moment and have very high debts here. Since 1996 I have kept on trying to pay bit by bit but I have no chance any more.I am a British citizen and my family all live around Salisbury. The German courts now take 7-9 years to complete a private insovence. I am in GB often: would I be accepted in a British court if I filed bankruptcy? Thanks for your advice.

Niobe
Administrator



United Kingdom
4590 Posts

Posted - 18 April 2012 :  19:54:33  Show Profile  Reply with Quote
Hi and welcome.

If you are not resident in the UK and haven't been for more than three years then I don't think you can declare bankruptcy here.

I do stand to be corrected though and hopefully one of the experts can helpt

Follow through
Make your dreams come true
Don't give up the fight
You will be alright
'Cause there's no one like you in the universe



Jan
xxx
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Kelly O
forum expert



United Kingdom
27 Posts

Posted - 18 April 2012 :  20:02:52  Show Profile  Visit Kelly O's Homepage  Reply with Quote
Hello Mark.rt and welcome to the forum

Kallis3 is correct. If you have moved from the UK to another EU country the rules on whether or not you are allowed to declare yourself bankrupt in England have recently been tightened up in an attempt to stop bankruptcy tourism.

you can only declare yourself bankrupt in the UK if you have been out of the country for less than three months.

After three months have passed, if you wish to declare bankruptcy you will need to use the process available in the county where you are living in accordance to local law.

In order to be eligible to declare bankruptcy in England again, you would have to move back and live in England for a minimum of 6 months.


Kelly Osadare CertDR
www.melaniegiles.co.uk

If you would like any help or advice on any aspect of your debts do not hesitate to contact me.Debt Advisory Manager for Melanie Giles www.melaniegiles.co.uk
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debtinfo
forum expert



2826 Posts

Posted - 18 April 2012 :  20:08:46  Show Profile  Reply with Quote
sorry to be pedantic but the actual guidance is the greater part of the last 6 months, so essentially what Kelly said but there are a couple of circumstances where it might not be.

also if you are trading in the UK but living abroad then you may be able to go bankrupt in the UK
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Mark.rt
Starting Member



2 Posts

Posted - 19 April 2012 :  05:13:59  Show Profile  Visit Mark.rt's Homepage  Reply with Quote
Thanks for the answers.I do infact have a Limited in Reading, but I am employed by the German branch.I could employ myself in Reading and wait 6 months....??? Would that change the situation?

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