My solicitor (Steve T) recommended 3 months at least. I have decided to see out the full year here though just to keep things as simple as possible.
My solicitors are telling me 3 weeks but I've gotten really bad advice off them so far so I am weary about trusting what they tell me.
I do recommend two to three months. Why try and push it. let the Or finish with you then leave and then a few months after that tell him your new address. You have a duty to update the OR of your change of circumstances.
I am not sure that you have had the best advice or assistance anyway through this process moolah.
Don't blow your bankruptcy and run the risk of it being overturned by a feisty OR for the sake of a few weeks and being certain he wants nothing else from you.
I take it you have told your creditors your new address, and have you surrendered any property you can to the creditors to make the OR's job easier? Just checking this as these are basic bits of advice you should have been given.
Are you being advised to do a witness statement with all the evidence of your comi attached to hand in with your statement of affairs?
Steve Thatcher
[broken link removed]
Can you outline the bad advice on here Moolah, it would be helpful to others.
I have just posted it in my response to Steve.
Another issue is that I was advised by my irish solicitors, my uk insolvency practitioners, and my uk solicitors that I could apply for the order
as soon as my COMI had been established which they advised was 5 or 6 months. We went ahead with the petition when I was just shy of the 6 months but what I didn’t know was that by signing the petition you are declaring that you have been in the UK for 6 months or more and that you have been residing in the jurisdiction of that particular court for the greater part of the last 6 months. I did not read the wording of it beforehand as I didn't think I needed to considering I had an advisor but you really can't be too careful. The judge I got on the day was not impressed at all.
The Judge is wrong. The law is that you need to be in the area of the court in question for the greater part of six months. There is nothing at all to say or suggest anywhere that you need to be in the UK from abroad six months. I was before a Bankruptcy Judge last week and nothing at all was mentioned about my client being here for 5 months only. The Judge erred. Did your advisors not go to court with you? Anybody who new how to do this would have been able to tell the Judge they were wrong
Steve Thatcher
IAnother issue is that I was advised by my irish solicitors, my uk insolvency practitioners, and my uk solicitors .
Yes I had a legal agent with me who attempted to argue with the Judge but the Judge said that it was not a matter of COMI but of residency. I wasn't in the jurisdiction of the court for the greater part of the 6 months but also he was arguing that because I was not in the UK 6 months he wasn't going to entertain it. He even commented on my debts being in Ireland. I think the legal agent was way out of his depth. The Judge spent the first 5 mins challenging my legal agent on why he was in the room and in what capacity he was representing me. It was a disaster to say the least !
You mean you have 3 sets of help. Are you paying all of them? How much if you don't mind me asking, I'm presuming you went to an Irish solicitor first, don't name them, but how did you pick them? Are they 'in the news' in the debt solutions sections? Did the Irish solicitor then put you in contact with a UK solicitor etc.
Who actually went into court with you, as in what was their qualification, you mention advisor, that's therefore not a solicitor, you mention in particular they were out of their depth in court, are they not well experienced?
In relation to the judge, you may be been unlucky, judge unhappy on the day, not content to put up with an 'advisor' versus a 'solicitor', being wary of too many Irish forum shopping etc.
No I only paid the one fee to the irish law firm and they instructed the other companies. I went with them because they were associated with Steve Thatcher at one stage and I thought that's who my advisor would ultimately be. Yes they are well known in the debt solution sections. I can PM you the details if you like. Also I will PM you the cost too.
I have no idea what the legal agent's qualification was - trainee barrister maybe ? The guy had apparently done loads of applications but did not appear to be able for arguing my case in court.
I have no idea what the legal agent's qualification was - trainee barrister maybe ? The guy had apparently done loads of applications but did not appear to be able for arguing my case in court.
Is that because they can overturn the order if they think you've only come over to declare yourself BR? I thought under EU regulations that it didn't matter if that was your agenda - once you had properly established your COMI.
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