Steve Thatcher
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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?
She can , but she will not be able to go bankrupt. Noth must establish an habitual residency in the UK to avail of bankruptcy
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).
No. He would need to re-establish his comi
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?
Yes
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?
See 1 above
5. Will your Irish Revenue Debt be cleared if you file and are successful obtaining Bankruptcy in the UK?
Yes
6. Left the UK in 1997 owing €1,500 to HM Revenue, would this have any effect on filing for Bankruptcy in UK?
None at all
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.
If a single man has €36K left on his mortgage which is his residential home, and files for bankruptcy in the UK. Is the OR likely to take his residential home off him. It was valued at €80K for the House Propety Tax which has just come into effect in Ireland.
F.A.O. Steve Thatcher
Dear Steve,
If a single man has €36K left on his mortgage which is his residential home, and files for bankruptcy in the UK. Is the OR likely to take his residential home off him. It was valued at €80K for the House Propety Tax which has just come into effect in Ireland.
If not he can put a charge on it or the OR can at the extreme apply for am order for sale
Steve does he normally put a charge on the property rather than ordering it to be sold. By charge I presume you mean a judgement mortgage?
Have you any case where you saw him ordering a property to be sold. It seems this option is rarely used. Would it be where the equity is very low what would his thinking be.
He would normally put a charge on, and by that it would be what we call a charging order.
F.A.O. Steve Thatcher,
Hi Steve,
I was listening to an interview you did on 01/11/2012 with BBC about Kilkenomics and Ireland's economy. You stated it costs the irish €5,800 to go bankrupt in the UK, but on watching all your videos on Youtube you state it costs £700. I thought if you move to the UK and set up your COMI there it costs you £700. I am confused about the different prices. Obviously if yourself helps with different areas in the bankruptcy you state for for an extra small fee you do this. Annette
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?
No, only the man would be able to file for bankruptcy. Th elide would not have established her comi in the uk. There may also be problems in that situation with whether the husbands comi had truly moved
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).
No, it is the re establishing the comi which is key not where you were born
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?
Yes
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?
Both
5. Will your Irish Revenue Debt be cleared if you file and are successful obtaining Bankruptcy in the UK?
Yes
6. Left the UK in 1997 owing €1,500 to HM Revenue, would this have any effect on filing for Bankruptcy in UK?
No, it too would be written off in the bankruptcy
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.
Hi,
I hope someone can answer this. My husband and I will be going through the bankruptcy system in the UK later this year. Our current account in Ireland is with a bank that we do not owe any money to. I know they freeze your current account in the UK and advise your creditors in Ireland, but will we still be able to use this Irish current account when bankrupt. I'm currently on maternity leave and it's our only way out of a terrible mess!! We've had a terrible few years. I still will need a bank account for my wages when I return.
Regards
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