Key Post Where is the best location/city to apply for bankruptcy in the UK?

I have decided that from now on I will not be taking any single persons thru bankruptcy in the North.
The attitude of the Judge is becoming impossible where singles are concerned.
It should still be ok where whole families relocate, but otherwise the attitude seems to be that she will not grant single men who have separated and moved north

Steve Thatcher
Www.helpwithdebtuk.com
 
What about single person and her two small children moving to Belfast? We would have to move schools etc so it is still a major move. I need the odd Grandparent visit for weekend help so I would prefer not to have to go to the U.K. although if its the only option I will.
 
Steve Thatcher said:
I have decided that from now on I will not be taking any single persons thru bankruptcy in the North.
The attitude of the Judge is becoming impossible where singles are concerned.
It should still be ok where whole families relocate, but otherwise the attitude seems to be that she will not grant single men who have separated and moved north
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how do you define single ?
 
Steve, on the 5/7/12 on this thread you mentioned that anywhere was better than London to file for bankruptcy as it won't be heard on the same day. Is that still the case? And if so how long do you have to wait for the next and final hearing? Thank you.
 
Cantalia said:
Steve, on the 5/7/12 on this thread you mentioned that anywhere was better than London to file for bankruptcy as it won't be heard on the same day. Is that still the case? And if so how long do you have to wait for the next and final hearing? Thank you.
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This is a good point. My view on London is slightly changing. It was always the case in London that because the determination of the bankruptcy was done on paper, the court always made an order asking the individual to come back at a later date after filing evidence of the COMI.
In my last filing in London i included this witness statement at the start of the process. The judge was good enough on this one occasion to make the bankruptcy order immediately
I have no idea if this was a one off. I have three more cases coming up very shortly in London and I will try the same thing and see how we go

Steve Thatcher
www.helpwithdebtuk.com
 
In relation to being single and bankruptcy, the problem proabably arrises where you are single, but have left a spouse behind. No problem if you both relocate, no problem if you are actually single, but if you have a spouse left behind with the kids, I could see that being a problem for judges. Might also apply to non married couples where the partners stays in the jointly owned home with the children of that couple. Judges aren't stupid.
 
Bronte said:
In relation to being single and bankruptcy, the problem proabably arrises where you are single, but have left a spouse behind. No problem if you both relocate, no problem if you are actually single, but if you have a spouse left behind with the kids, I could see that being a problem for judges. Might also apply to non married couples where the partners stays in the jointly owned home with the children of that couple. Judges aren't stupid.
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Hi Bronte you would have thought that wouldn't you. But here is a story from someone with no spouse left behind.

"Thank you for your time when we spoke the other day.

Just to give you an update as maybe this information will be of use to you, I was back in court in Belfast yesterday and the case is adjourned again until Sept 24th.

The judge said that this will take at least 2 to 3 more hearings. She will firstly decide if she is satisfied that my COMI is here. Then at a further hearing she will decide where my centre of economic interest is and check if there is any evidence of remaining interest in the South.

I was with her again for almost an hour. She went through documents I had brought in like bank statements, utility bills, pay slips etc. She now wants me to do an affidavit relating to these items. The next hearing will last two hours where she will thoroughly examine the evidence and question me on it.

What she has indicated is that she won't make a decision either way for several months. I think she doesn't want to refuse applications because she may be challenged and she won't grant it for the same reason. So her only option is to continue kicking to touch and hopefully people will go away.

She also said she is waiting on an EU directive and until she gets that she has to make up her own mind what way she deals with cases from the South. Basically she is almost admitting that she is discriminating against Northern Ireland residents that are originally from the South. I reckon this is why she won't make a decision because I believe from what she said that it would be possible to take a case against her on these grounds if anyone decided to go there."

So what are we to make of that?

Steve Thatcher
www.helpwithdebtuk.com
 
The important question is what is this " European directive"? And why is there going to be a European directive on this????? Is the Irish government forcing such a "directive" does anyone know about this????
 
Steve - is this only the case with NI? I guess that the rest of England is much easier because they get bankruptcy claims from all sorts of people and not only Irish.
 
munchy said:
Steve - is this only the case with NI? I guess that the rest of England is much easier because they get bankruptcy claims from all sorts of people and not only Irish.
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Yes and in Eng and Wales there are probably 100 courts which have bankruptcy jurisdiction and any number of different judges on any day who will hear the petition. In NI there is one judge who deals with all of it in one court every Thursday.

Personally I think she's getting herself in a pickle and going about it all wrong. But its her court and her rules.

Steve Thatcher
www.helpwithdebtuk.com
 
I had another case go through inn Manchester yesterday. The Judge checked that the job the client had was ongoing, he noted that the family was with the client in Manchester and that there was permanence in his situation.

All done and dusted in fifteen minutes

Steve Thatcher
www.helpwithdebtuk.com
 
Yes but Steve if there is an incoming European directive it will effect the UK just the same as NI surely??
 
Cantalia said:
Yes but Steve if there is an incoming European directive it will effect the UK just the same as NI surely??
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The point is it isn't in yet. No one else is not making orders except her. In fact what they are doing if they want to test the evidence is getting a witness statement filed, setting a hearing and giving notice to the creditors. I have done 25 or so of these in London and Manchester.
Never once ever has a creditor turned up. All orders have been made.
This is all she needs to do as well.

It is in essence what we will see across the board if the new regulations get passed at some point

Steve Thatcher
www.helpwithdebtuk.com
 
Hi steve, thanks for the reply, would it be ok to say that we are seperated wink wink? She is working in the south put only on a 3 day week, can the judge or the OR look into the revenue in the republic? I am assuming they can?
I eagerly await your response..
Kindest regards
 
Steve Thatcher said:
I have done a number of bankruptcies involving living in Newry. The last time a client appeared (he got through) the Judge commented that Newry must be like London or New York, as soo many people wanted to move there.
She has caught on to this. if you are making the move, go to Belfast. Get a job, get a flat and submerse yourself in Belfast life.
I would not advise you to mention the wife living down south, it does not compute at all with you properly moving your COMI. The Judge always asks what connections you have with the South. You might be better "separating".

Steve Thatcher
[broken link removed]
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Does anyone else find a lawyer advocating "separating" to facilitate bankruptcy proceedings as being unethical?


prodigy81 said:
Hi steve, thanks for the reply, would it be ok to say that we are seperated wink wink? She is working in the south put only on a 3 day week, can the judge or the OR look into the revenue in the republic? I am assuming they can?
I eagerly await your response..
Kindest regards
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Now we have posters following his lead "wink wink"
Dunno, but i cant see the difference in this and defrauding Social Welfare or Revenue?
 
Eh no, in essence we have paid back or will be paying back these toxic debts for generations to come, so everything is getting paid eventually..banks get bailed out, people do not!!! Paying for their mistakes. If a wife has a mortgage which is just about keeping up with repayments and the husband had a home previously and no prospects that will enable him to ever pay back the loan (Which is really already covered), I certainly would not criticise it for been morally or ethically wrong!!
 
Sean,
People are desperate. They need solutions. I have explained how difficult it is in the north now. I don't advocate anything I am giving people pointers so they can make their own choices. There is no point in moving north and leaving a spouse down south, you will not get an order. People separate all the time, it needn't be divorce. Actually even a separation might not be enough now as my posts indicate.
I said I am not taking singles thru in NI but if people want to try they are better off starting from a position where they know the facts.

Steve Thatcher
Www.helpwithdebtuk.com
 
Hi Steve, I think you are doing us all a wonderful service by giving us your pointers, so many thanks for that. Quick question, I alone have the debt, my wife is not part of my debt, would it then be okay to move up north to go through? Also, I have just got a job now and this job has good prospects regarding the long term, were my wife will be able to join me. So can I go through it alone up north, we were not married at the time of my loans?

Kindest regards
 
prodigy81 said:
Hi Steve, I think you are doing us all a wonderful service by giving us your pointers, so many thanks for that. Quick question, I alone have the debt, my wife is not part of my debt, would it then be okay to move up north to go through? Also, I have just got a job now and this job has good prospects regarding the long term, were my wife will be able to join me. So can I go through it alone up north, we were not married at the time of my loans?

Kindest regards
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Please everyone, do not think of moving North to do this you will not on present information get thru. Judge Kelly is now putting all decisions off until September. I cannot say with any certainty at all what this means. I think she might be waiting for guidance from Europe, but whilst we wait for her to act, you could move to Eng and have already had your order.

Steve Thatcher
www.helpwithdebtuk.com
 
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