But if he is going over to start working in a job, why can he not make some repayments (bank transfer) and try to pay off the 18k? Can he not make a arrangement with the lender to stop the interest and pay off the capital at a lower amount each month, something he could afford? Does your brother seriously think he should just run away from his debt? To be honest it seems to me very irresponsible. We can't just pack up and move to avoid a debt owed.
If he packs up and goes to the UK ignoring the Instalment Order the eventual outcome is that the creditor will obtain a Committal Order in his absence which would be enforced should he ever return to Ireland.
You did'nt say he was declared bankrupt , what you did say is that he intends to apply for bankruptcy in the UK at a future date.
As things stand if he continues to ignore the Instalment Order he is staring at a Committal Order , which , believe me , will be enforced by the Gardai.
If he spent a little more time trying to rectify the situation rather than avoiding it he might be better off.
He needs to apply for a variation order and serve that on the bank. That would involve him appearing in court and stating his case.
Thanks Joe, Will they serve him the details of the court hearing at his New UK address?
He has no problem in returning to Ireland for the hearing, its just that he wants to make sure he gets the hearing documents in the post.
Either he or you will need to take a form down to the court and get it stamped. They will then tell you the hearing date. You will then have to send a copy of the stamped form to the bank.
He is going to go to the UK to declare bankruptcy, once he does this he no longer will have any Irish debts.
I don't think that's correct. Are you absolutely sure about that?
Be sure to research this completely, as declaring bankruptcy in any country will have implications, in that he will not be able to take out a loan to buy a house or set up a business, etc.
Can I Move To The UK And Go Bankrupt?
Bankruptcy tourism is a term used to describe the process of a person moving overseas in order to go bankrupt in a different country. Bankruptcy tourism is for many people in Ireland with over-whelming debts a real option as Irish bankruptcy laws are very hard and out of kilter with many other European countries. European laws enable people that have moved to another country within Europe and can prove that they are resident there to petition for bankruptcy using the local insolvency laws in that country.
EU rules mean any bankruptcy ruling in the UK must be recognised by the other countries in the European Union. This allows a person becoming bankrupt in the UK to benefit from the one-year rule on return to their own country.
I don't think that's correct. Are you absolutely sure about that?
Be sure to research this completely, as declaring bankruptcy in any country will have implications, in that he will not be able to take out a loan to buy a house or set up a business, etc.
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