i love my sister so much and am trying to help her out!
she has genuinely done everything to repay her debts but has just about reached the point where she can't do it any more and is probably going bankrupt. she owes now about £18500 in the uk. her bank account is still in the uk.
she doesn't work at the moment but her husband does. she has lived in croatia for the past 3 years. although she was born in london she has croatian citizenship through our parents.
can somebody please answer the following:
1.. will she be able to go bankrupt in the uk? 2.. if so, does she have to come back to the uk to do this? 3.. can the official receiver take their home in croatia - it is worth about euros 20000, maybe euros 25000 at the most? 4.. if the official receiver can do this - will they have to go through uk or croatian courts to force a sale? 5.. if he can do this, is the official likely to pursue the house through the courts being as it's worth so little? 6.. would a croatian court be likely to favour my sister's position since they would be homeless if they lost their house?
please give me your best advice cos it's killing me to hear her so miserable when we speak on the phone.
Hi, I am using Paul at Revica to help me with my bankruptcy as I am now living abroad. I am no expert but can help until Paul gets here!
1) I believe your sister would have to go bankrupt in Croatia as there is a 3 year rule about living abroad. I have only been abroad for 10 months so am going BR in the UK(hopefully this won't affect me too much)
2) I am sure Paul can answer this!
In regard to the other questions this all depends on the 3 year rule. Hope everything works out OK
Just started walking on the path to a debt free future-wish me luck!
the 3 year rule is important if your sister is to petition in the UK for bankruptcy.
she needs to have been resident at some point within the last 3 years.
In addition the Insolvency Service insist that one petitions for Br in the EU country one now lives. - this takes precident to the 3 year rule.
To petition in the Uk one needs to either come back and go through the process personally at the High Court in London. Alternatively one can do this "remotely" by having a Lasting Power of Attorney authorised and this allows a third party to act for you in the UK.
Costs
Lasting Power of Attorney £150 Court Fees in London £ 507
Friend or Family Member - possibly free
Professional company to act for youu depends upon the work involved but would really start at around £600 ish
i spoke with my sis last night on the phone and she has lived in croatia for 2 years 7 months.
croatia is not an eu country so i'm guessing she'd have to come back here to go bankrupt.
but she is convinced they will lose everything and is troubled by the following:
3.. can the official receiver take their home in croatia - it is worth about euros 20000, maybe euros 25000 at the most? 4.. if the official receiver can do this - will they have to go through uk or croatian courts to force a sale? 5.. if he can do this, is the official likely to pursue the house through the courts being as it's worth so little? 6.. would a croatian court be likely to favour my sister's position since they would be homeless if they lost their house?
hello paul,on the advice of melanie - hope you
Posted - 09 March 2009 : 22:30:55
