James j
it is perfectly legit to move yourself up north, establish an address and after 3 months file for bankruptcy in the courts. This is as a result of one of the treaties we signed up to as part of europe either nice or mastrict 2 i think.
my understanding is that once the courts have made you a bankrupt that you are free to live where ever you want. (your family does not have to move)
Discharge can in some cases be achieved in 3 - 4 months ( dont think you have to remain there for this, once the court makes you bankrupt, back to roi)
I am aware of someone currently with a rented room in newry that spends a few days a month there and will shortly file for bankruptcy. They are however running all of their finances and bank accounts from there as well. its pretty easy for them as they live within 30 minutes of the boarder.
Welcome to AAM James. You cannot go bankrupt as you have no money. If you are brought to court either they will try and put a judgment mortgage on your home, which is already in negative equity, so that's a complete waste of time for the bank or they will be looking for an instalment order, also a complete waste of time and money by the bank as you are on social welfare and the court will probably not order you to pay anything.
I don't think that you are right that he cannot go bankrupt because he has no money.Bankruptcy serves as a protection from his creditors,any assets he has will be disposed of to repay the creditors and if he goes through for the UK bankruptcy option he can be discharged after 12months.
I answered his question in relation to Ireland. He will not be able to go bankrupt in Ireland. He can though move to the UK and go through bankruptcy there. He mentions that as a couple they both have debts and that he doesn't feel the UK is an option as he has 5 children. Might be better to move lock stock and barrell to the UK nevertheless so that he can start again as soon as possible and become a productive member of society. Or he can wait for the new insolvency regime which doesn't look like it's coming any time soon and the banks are fighting it tooth and nail. And we know the Irish government record on capitulating to banks.
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