Non UK passport holder.

Dave1971

Hi.

I was wondering if any kind people could help us?

I am a UK citizen born and bred with a UK passport and am about to file for BK. My wife of 14 months who has been living, working and paying taxes in the UK for 7 years also wants to file for BK but she is German and holds a German passport. We have both just lost our jobs, we have a joint mortgage and are about to enter a Vol repo for the house which is in negative equity. We both have credit card debts (separate) and i have a bank loan.

Can my wife file for BK aswell. I have read conflicting advice with some saying you need to hold a UK passport and some stating residency as the qualifying factor.

Thanks

Dave

debtinfo

The OR looks at the Centre Of Main Interest (COMI) which means that she has been living in the UK for more than 12 months and that the debts are largely incurred whilst in the UK and to UK companies. The OR is wary of german bankrupts as there has been many recent cases of "Bankruptcy Holidays" as UK regulations are much less severe than german ones however your wife seems to ba a genuine case from the info provided. Im sure she will be asked though

fiveyearplan

Hi and welcome Dave. I don't have a UK passport and had no problems with declaring bankruptcy in the UK. All my debt was incurred here.

Dave1971

Thanks for the replys you have cleared that up for us. Now for the petition etc yikes!