Alone in France and needing advice

Winni

Ok please stay with me here, sorry it's a bit longwinded but i'm praying someone might be able to help.

I live in France with my 2 sons. My husband returned to the UK to find work last year when we started having financial difficulties. Luckily he found work but at the minimum wage so life is a struggle. We have run up debts on 2 UK credit cards which we are paying on a reduced rate. I also have a Natwest bank loan on which i have defaulted.
We also have a mortgage with a french bank and are 3 months behind with the repayments. I've spoken to the bank but unfortunately unlike UK banks they are unwilling to offer help. No payment holidays or interest only payments! So we have to sell our home. The valuation came in at 20,000 less than we paid for it 3 years ago so we'll make no money there and also it's not unusual for houses here to take 2 years to sell. I know we won't be able to make up the missed payments and keep up while we wait for the house to sell so i'm afraid they will repossess it, sell it for next to nothing and we get lumbered with another massive debt.
We are now considering bankruptcy. We have tried so hard over the last 18 months to avoid this but it seems to be the only option.
This is where i am struggling to find answers. Bankruptcy in France is SO complicated, we all know how they love paperwork!
Does anyone know if it would be possible to declare ourselves bankrupt in England and include our french mortgage or would it be better to let the house be repossessed and then declare ourselves bankrupt once we're all together again in the UK and would we then be able to include any outstanding payment owed to the french bank.

I really don't know what to do so if anyone can help i would truly appreciate it.

IF

Hello and welcome Winni, I'm not sure of this. So I'm just bumping you up the board x

debtinfo

Hi you have to declare bankruptcy in your centre of Main interest, in the EU this is where you have been living or trading in the last 6 months. At the momemt you would have to declare bankruptcy in france. If you are moving back to the UK permenantly than after 6 months of living back here you could delare bankruptcy in the UK

Winni

Thank you for you replieis.
My husband has been living back in uk for almost 2 years can he declare bankruptcy alone although the mortgage is in both of our names?
The loan is also in joint names but the credit cards are in my name only.

dojoman

Any joint debts will automatically fall to the other person if only one of you is going BR.

Winni

This might be complicated!
So i have to declare myself bankrupt in france and my husband in england?
But we have joint debts in both countries so that could prove difficult.
If i declare bankruptcy here will my half of the joint loan in uk fall to my husband and will my uk credit cards be included?
Then if the full amount of the mortgage falls to my husband can he then declare bankruptcy in uk to hopefully solve the situation?

dojoman

Sorry I have not got a clue about BR in France, I only know the law pertaining to the UK, I think you will may be have to contact an IP firm that deals with debts abroad. Anyway I have sent you a pm

Winni

Thank you dojoman, i've just posted on the other forum.

fatou256

hi winni i am not sure but to decalre Br in france you will have to fill an application fro faillite presonelle, which you will have to list all your debt , why you choose this option and to stae that an amicable solution is not acceptablet as you cannot repay it and put all the lett r from your creditor you received forward.
if your case is accepted then you will be called by a judge from the tribunal de grande instacne who will interview you and declare youself Br or not .
however i think first you will have to do a "dossier de surrendettement" which you can ask to have a moratorium, they wil lput you through the " procedure de retablissemetnt personelle".

some info for you
http://www.banque-france.fr/fr/instit/protection_consommateur/surendettement.htm

and some info in regard to the loi borloo ( insolvency law)
http://www.surrendettement.fr/surendettement/loi-borloo-surendettement.php

Winni

Thank you for the links fatou256. I've looked at them and they are very helpful.