Irish Bankruptcy in the UK

needtoknow

Registered User
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7
Hi all.
Can any one help me PLEASE. I moved to the UK last year and was made Bankrupt late last year. The Question i have is when can i go back to ireland. How long do i have to wait. No where can i find a definate answer. My Official Receiver said that she cannot advise me but i can go where i want.????? and seek legal advice on the matter. I'm Affraid that if i did return to Ireland that my Bankruptcy would be Annulled. I do want to remain in the UK but finding it impossable to find a job. Being 50 years old dose not help. I have been offered work in Ireland but terrified to go. Any one out there please, that can help.
Cheers,
Needtoknow
 
Write to the Official Receiver and have her state you are DISCHARGED from Bankruptcy.Cutely, she cannot ADVISE you BUT as she said you can now go wherever you want.
IN SHORT WELCOME BACK HOME.
YOU ARE NOW IN A GREAT POSITION , take the job NOW !!!!!... I am sure of this advice.
 
Thanks Salmom 9077
You said you are sure in what you have said. How sure are you???. As i said i don't want to rock the boat. The way my luck is for the last few years is S**te and all i want now is to fly flags in front of the receiver and the chances of my Bankruptcy being reversed.
Thanks so much for your reply
Cheers
 
If I were you I'd contact Steve Thatcher who posts on this website. He is a solicitor in the UK that handles Irish bankrupts. I presume he will charge you for the advice but better to pay for it and do it right.

My understanding of UK bankruptcy is that once you've gone though the process and are discharged you can move back. That's what a few of the big developers have already done. It seemed to be about a 15 month process.
 
Thank you so much Steve. I did my bankruptcy myself. Knowing now what i know i should have used you. As I said i am terrified if i do return to Ireland that they may think it is Bankruptcy tourism. Also in Verifying a foreign National Bankrupts COMI Part 2 February 2010: Section 43.0.17 Action to be taken where the veracity of the stated comi is in doubt.
Second Paragraph States;
Particularly, in cases where the bankrupt notifies the OR that he/she has returned to the other country before obtaining their discharge from Bankruptcy an immediate application should be made on the grounds that the relocation was transitory and designed to take advantage of Insolvency Legislation more advantageous to the debtor.
This sounds to me that if i do tell them that i have returned to Ireland this would happen.
Please tell me not so. All said if you said its OK then Its OK.
Ps; I sent you an email today also through your Dublin office as recommended by one of the responses to my post.
Thanks Steve
Needtoknow
 
. As I said i am terrified if i do return to Ireland that they may think it is Bankruptcy tourism.

You are allowed to do bankruptcy tourism also called forum shopping, it's not illegal. You've not lied to the UK authorities, you've established your COMI there legitimately etc so I don't think you should worry. If you're a very high profile person who possible has a lot of creditors angry at you than maybe it would be an issue, but based on all the high flying developers who were already able to come back and even live in their own mansions (bought by son in law etc) I'd say you have nothing to fear.

What debts have you discharged, perhaps a mortgage of 300K and credit cards and overdrafts, presumably your common or garden bankrupty (not by English bankruptcy standards - I'd say the Irish are a lot highter in the debt stakes). So if you're just a regular bankrupcy there shouldn't be anything to be worried about.

However if you've been hiding assets, and swan back into town owing a lot or people money (and I don't mean the banks), and walk back into the big house and swanky car, then maybe just maybe someone might do something but noone who is genuinely bankrupt has anything to fear.

Could you for the sake of others perhaps outline what you had to do to become a bankrupt. How difficult was the procedure and how much it cost you. Interesting to note that you now realise that you should have hired a professional, someone like Steve Thatcher. His fee is not so onerous. I heard a snipet on the radio about bankrupty the other day and the professionals are now apparently meeting the Irish off the planes and arranging accommodation etc (anyone else hear that and could they tell me which program it was?)
 
Again Thank you Bronte for all your advice. Legend.
Needtoknow

And do please consider doing up a post on how you went bankrupt, it really would be of help to people. You just colour it a bit so you can't be identified, go from the beginning, what made you decide to go, did you give up a job, how did you find accommodation - everything.
 
Hello, re the discharge/release after 12 months, do you have to file a fresh affidavit at that point detailing again your income and outgoings?
 
Hello Cantalia. I don't know that answer. I am unemployed and was never asked to fill a statement of income. I think and hope if I am still unemployed on discharge they can't do anything after that.
Dose anyone out there know.
Needtoknow
 
No. After 12 months of being declared bankrupt, and once you have not had an income payments order put in place by the receiver, you are discharged from Bankruptcy. Anything you earn after that cannot be touched, and you do not need to file anything about your income and outgoings at this point.
 
Hello, re the discharge/release after 12 months, do you have to file a fresh affidavit at that point detailing again your income and outgoings?

No you don't if the OR wants he can ask you to complete an income and expenditure form again. He only has the 12 months of the bankruptcy to put an income payments order in place and so if you dont have enough income when you go bankrupt to do this, he sometimes does it as the end to see if circs have changed.
More often than not, if the OR has finished with you after a couple of months, you will never hear from him again.

Steve Thatcher
www.helpwithdebtuk.com
 
Does anyone know, or have experience of, how muck is a single man allowed to earn in London before an IPOwould be put on his income, then you are stuck with that for three years??? Thanks for help.
 
I set out below what is guided on the UK insolvency service web site on reasonable living expenses.

What expenses are allowable as 'reasonable domestic expenses'?
As well as your normal monthly expenses, which include rent or mortgage payments (which are reasonable for the area you live in and the size of
your family), food, heating and lighting, clothing etc, here are some examples of things that may also be treated as part of your reasonable domestic needs:

  • TV licence, TV and video hire
  • Household insurance
  • Car tax and insurance (if the trustee decides your car is 'exempt property' and allows you to keep it)
  • AA/RAC or similar membership (if you still have your car)
  • Membership of a professional body, needed for your job (unless your employer pays for this)
  • Prescriptions, dental treatment or opticians
  • Payment under a maintenance order or Child Support Agency assessment
  • Mobile phone (a reasonable monthly cost)
  • Dry cleaning

This is not meant to be a complete list, and other expenses could be considered.

The following are examples of expenses which are likely to be disallowed (unless there are special circumstances):

  • Gym membership, any sports expenses or club membership
  • Additional pension contributions to enhance a pension
  • Private healthcare insurance
  • Money for gambling, alcohol or cigarettes
  • Satellite TV
  • Excessive mortgage payments

Note: the official receiver will always consider your views about what is 'reasonable' or necessary spending for your circumstances.

Jim Stafford.
 
For attention of Steve Thatcher please

1. If a couple file for Bankruptcy in the UK and for example the husband bases his COMI (Centre of Main Interest) there, can his spouse remain in Ireland where she has permanent part-time employment?

2. Husband was born in the UK, would this make any difference to filing for Bankruptcy? (Moved to Ireland in the 1970’s and returned to the UK in 1984 until returning to Ireland in 1997).

3. Previously had a National Insurance Number (still have N. Insurance Card) from living and working in the UK from 1984 until 1997. (Married in the UK in 1985 and 3 children born there, now adults).
Have Barclay’s Bank Account, but statements now registered to Irish address. Can the same National Insurance Number be reactivated and Bank Account changed to an English address again?

4. If some of the debts are in joint names, again can just the husband base his COMI in the UK or would both have to reside in the UK for a period of time? Is there any way around this?

5. Will your Irish Revenue Debt be cleared if you file and are successful obtaining Bankruptcy in the UK?

6. Left the UK in 1997 owing €1,500 to HM Revenue, would this have any effect on filing for Bankruptcy in UK?

7. Some of my debt is with 3 other people, where we had a company that went into liquidation a few years ago. Can I file for bankruptcy with my share of the debts. We had given personal guarantees when getting the loan from Bank of Ireland.
 
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