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mtbc
Starting Member
USA
2 Posts |
 Posted - 04 December 2009 : 14:47:29
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| In my bankruptcy in the USA I am discharged from my unsecured UK debt in the eyes of the American courts. Does this actually have any effect in England and Wales, or can it be easily made to do so? Or is that debt still waiting for me to be collected on if I return to Britain? |
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debtinfo
forum expert
2826 Posts |
Posted - 04 December 2009 : 15:17:02
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| have a look through this, it is pretty tough going but i assume the answer is in there |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 04 December 2009 : 16:42:06
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Did you mean to post a link Debtinfo?
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
28 IPA payments made, 8 to go - in single figures! |
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debtinfo
forum expert
2826 Posts |
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mtbc
Starting Member
USA
2 Posts |
Posted - 04 December 2009 : 17:17:14
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Thank you! An interesting bit of law indeed. I can see a lot about creditor's rights to be represented in foreign bankruptcy cases and trustee's/receiver's rights to be recognized overseas in trying to get at debtors' assets, and about the temporary stay/relief that debtors get after filing, but I can't see anything explicit about if/how for permanent protection from collections for discharged debts after the case is closed.
(The US did adopt UNCITRAL; I don't know if that makes things clearer, if it's a reciprocal sort of thing.)
The only hint I've managed to find so far is http://www.iflr.com/Article/2283692/Recognition-of-insolvency-abroad.html which says that "in the UK, a series of cases seem to conclude that a creditor's rights under an English law contract will not be affected by foreign insolvency law unless the creditor has in some way ... assented to the foreign insolvency proceedings so as to become bound by the [foreign laws]" which I suspect is not a habit that creditors tend to have without something being in it for them, thus not auguring well for me! |
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debtinfo
forum expert
2826 Posts |
Posted - 04 December 2009 : 17:23:12
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| sorry as i havent dealt with anybody in your situation i cant really advise on how it actually pans out in real circumstances. lets see if anybody else pops up |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 04 December 2009 : 17:30:11
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MTBC
think that this would be one to contact Paul @ reviva he has an overseas division.
i believe that if you are IN EU all debts in EU could be covered but as you are in states, i have this horrible suspicion that your debts in UK will not be included.
good luck Richard |
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In my bankruptcy in the USA I am discharged
