| Author |
 Topic  |
|
|
lou
Junior Member
172 Posts |
 Posted - 16 March 2008 : 10:52:24
|
Hi,
My husband is having to go BR in the UK due to his personal debts. (It hasnt happened yet but we are going to apply very soon because we have no other options - no assets/savings etc.)
I am originally from Auz and have dual Passports so can live either here or there. He has PR in Auz.
My question is this.
My husband has been suffering from stress and signed off work due to the situation. We have had an offer from my family to pay for our costs of moving over to Auz, (Flights etc as we dont have any possesions we would take other than clothes.) They would pay for the flights for us and provide us with free accomodation over there so we can effectively have a new start and keep our costs low. They would also be able to provide quite alot of vitally needed support to me and my husband at the moment as we dont have much family here.
The question I have is, if they pay for us to move over there, will we be able to move even though my husband is in BR?
Obviously there would be no costs to ourselves to move as we cant afford it but it seems very important for us to have a fresh start.
(My husbands PR status would not be effected by the BR as we have checked this.)
We are both seriously worried about this situation and all we want is a fresh start.
Any help regarding this would be hugely appreciated!
Thank you |
|
|
Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 16 March 2008 : 11:11:45
|
Hi Lou and a warm welcome to the forum
The granting of a bankruptcy order by the court does not restrict you moving abroad during the usual 12 month bankruptcy duration.
Provided that your husband already has permanant residency then all is well.
have you already had professional advice about the situation? Might be wel worth a phone call with one of the experts on the site to talk through the procedures in your local court so you don't have any surprises.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
 |
|
|
AlanO
Junior Member
United Kingdom
259 Posts |
Posted - 16 March 2008 : 11:14:54
|
Hi Lou,
The key is the future for you and your Husband. Provided the Visa situation is OK in Auz for your husband then the UK bankruptcy can be handled.
Third party assistance isn't an issue - however best to structure the purchases direct or via your account - If you only have joint bank accounts with your husband suggest you open one in your own name.
Finally talk to an expert to plan the specifics so you have the right solution for you and your Husband.
All the best Alan
www.debtdr.co.uk |
|
|
|
AlanO
Junior Member
United Kingdom
259 Posts |
Posted - 16 March 2008 : 11:19:13
|
Apologises miss read your posting and understand that you are both considering bankruptcy. Sorry for confusion. Same applies re direct payments, but no need to direct funds to you. Keep levels to a modest amount and away from any banks that you may have debts with.
Again can't over stress talking to the experts
All the best Alan
www.debtdr.co.uk |
|
|
|
lou
Junior Member
172 Posts |
Posted - 16 March 2008 : 11:30:21
|
Thank you both of you! Some sort of help and advice is such a help with all the worry!
Its really good news that the BR wont stop us from relocating as it would be a good start for us and support will be really good too when we are there.
How about the payments they make you make for the 3yrs I have heard about? Can they take this into account based on what our expenses are there? (exchange rate etc.)
We have applied for the PR for my husband, its actually going through right now but we have been assured that there is no problems with BR which would stop it. Also as its a spouse PR visa (We have been married for nearly 2yrs and together for 6yrs) We were told as its a spouse visa, we WILL get it because being married etc and having support there.
If we can work out a way to make sure the payments they make you pay (for BR) can take into account our overheads there (rather than what they were here)
then I think it seems a new start will be something we can do and that will be SUCH a weight off of my mind and something very positive for my husband due to the stress he has had lately! |
|
|
|
AlanO
Junior Member
United Kingdom
259 Posts |
Posted - 16 March 2008 : 11:43:01
|
Hi Lou,
Payments only apply when there is a surplus of income ovr essential expenditure. Suggest you meet with an expert to review matters and get an handle if a payment is likely to occur or not and how best the situation can be managed for you and your husband.
All the best Alan
www.debtdr.co.uk |
|
|
|
Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 16 March 2008 : 20:12:16
|
Hi lou
if you want to tell us which city you are in perhaps I will be able to give you information on the court procedures there.
Might put your mind at ease if you know what is going to happen
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
|
|
|
lou
Junior Member
172 Posts |
Posted - 17 March 2008 : 09:58:35
|
Thanks Paul. The city we are in is Bristol. That would be really helpful because it is playing on both of our minds alot.
Also, we do own a house, there is little to zero equity in it. (if we sold it we would probably just make enough to cover the costs of selling it.)
We are both worried about trying to sell it as we are unsure if we can cover the mortgage payments now, especially due to my husbands circumstances etc (Signed off for stress as he has taken it all pretty badly) We are trying to get it on the market as soon as possible and see if we can sell it with all of our furniture and appliances etc inc for a quick sale. How would this effect BR or visa versa? If we go BR I take it we loose the house? Or if we sell just before going BR would that look bad on the BR (Obviously if we made anything on the house at all we would use it to pay to debts.)
The worry we have is going BR and then because of that not being able to sell the house which keeps us stuck in it and unable to move and also unable to pay the mortgage and then having that to worry about perhaps a repossession after dealing with a BR..
I dont know how that works? Would they take the house from us anyway which would mean its something less to worry about in effect?
Thanks so much for all of your help, its a great weight off of both of our shoulders that this sort of website exists to give us some advice and replies to our questions!
|
|
|
|
Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 17 March 2008 : 11:35:09
|
Hi Lou
am just off to see a client but great news
I am just down the road in Taunton and I know the Bristol court really well. I had 3 clients enter bankruptcy only last week in Bristol.
Suggest that if you would like a chat you give me a call or email me and I can run through the whole procedure in Bristol including the OR etc.
Also we can discuss what happens with the house etc.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
Edited by - Reviva UK on 17 March 2008 11:56:16 |
|
|
|
AlanO
Junior Member
United Kingdom
259 Posts |
Posted - 17 March 2008 : 11:52:09
|
Hi Lou,
Suggest you hold fire and talk with an expert, to clarify the property situation.
It really is best to have a plan before you file as a future repo could create a residual debt - usually better to deal with it in advance.
All the best Alan
www.debtdr.co.uk |
|
|
|
Helpful Advice
Average Member
United Kingdom
646 Posts |
Posted - 17 March 2008 : 15:23:35
|
Hi Lou,
If the property situation is what's holding you back from your new life I think it's clear what needs to be done, but would advice talking to Paul before you do so.
The meeting you will have is free and impartial, but I think the advice he will give you is invaluable in your current situation.
View my Blogs at:
http://HelpfulAdvice.blogs.bankruptcyhelp.org.uk/
Bankruptcy Specialist
England,Jackman & Spacey
WebSite www.ejands.co.uk
|
|
|
| |
Topic |
|
relocation after BR?
