Bankruptcy from abroad

rj_uk

Hi,

I have £22k of unsecured debt in the UK. I have been living in France for exactly 3.5 months. I have no job and my funds to cover the minimum payments will run out soon. I am frantically looking for a job but if nothing changes I will start defaulting in about 3 months. I am starting to consider bankruptcy as an option.

I am 100% supported by my spouse. I have no assets except a car.

I am a bit confused by this statement on the gov.uk website

"You can’t declare yourself bankrupt in England or Wales if you live somewhere else in the EU, or in Scotland or Northern Ireland."

But then further on it says...
"You’ve lived in England or Wales in the past 6 months Present your petition in the High Court."



Can somebody offer clarification on this? I live in the EU but I have also lived in the UK in the past 6 months, can I declare myself bankrupt in the UK?

fermi

Bit of an old link, think is still valid.

http://webarchive.nationalarchives.gov.uk/20121212135622/http://www.bis.gov.uk/insolvency/personal-insolvency/foreign-issues

Can I make myself bankrupt in England and Wales if I live abroad?

Yes, but if you are living in an EU member state, apart from Denmark, you must show the court that your centre of main interests is in the UK. See the next section to find out more about a centre of main interests.
If you live in any other part of the world you can present a bankruptcy petition in England and Wales if:-
(a) you are personally present in England and Wales on the day you present your petition for bankruptcy to the court, or
(b) if you have lived or carried on business in England and Wales at any time in the three years before the day you present your petition.
The country in which you live may not recognise the bankruptcy proceedings and creditors there may still be able to take action against you.

What is a centre of main interests?

The EC Regulation on Insolvency Proceedings 2000 came into effect on 31 May 2002. It will affect you if you live in an EU Member State - apart from Denmark, which opted out of the Regulation. Under the Regulation you can open insolvency proceedings (make yourself bankrupt) only in the country where you have your "centre of main interests".

There is no definition of a centre of main interests, but the court will usually regard the country where you carry on a business or earn your living as your centre of main interests. The court will also consider the place where you normally live, i.e. your country of habitual residence. If you are not employed or self-employed your centre of main interests will be the country you normally live in at the date of the petition.


Where would I present my petition?

If you do not live in England or Wales and are able to make yourself bankrupt here, you can present your petition in the High Court. Alternatively, if you lived or ran a business in England and Wales within the 6 months immediately before you present the petition, you can take it to a county court. If you ran a business here during this time, you can present it in the county court for the insolvency district where you carried on your business. If you did not run a business, you would present it in the county court for the insolvency district where you lived. If you lived or carried on business in the London insolvency district for the majority of the six months immediately before presenting the petition, you must present it in the High Court.