Steps to take now we have decided to leave for the UK

I went through the process with no adviser. Although my situation was quite straight forward I found the paperwork and process quite user friendly. I have jointly owned property and my share of that now lies with the OR, it is in negative equity but as IB2013 points out it is no longer in my control so it is another worry point I have put behind me. Don't underestimate the impact of Bankruptcy on your life but I am well in now and feel it was worth while for my future - I also believe that I learnt a lot about friends and family during this process and that it has been the best decision of my life to declare.
 
Nearly there said:
I went through the process with no adviser. Although my situation was quite straight forward I found the paperwork and process quite user friendly. I have jointly owned property and my share of that now lies with the OR, it is in negative equity but as IB2013 points out it is no longer in my control so it is another worry point I have put behind me. Don't underestimate the impact of Bankruptcy on your life but I am well in now and feel it was worth while for my future - I also believe that I learnt a lot about friends and family during this process and that it has been the best decision of my life to declare.
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Hi NearlyThere

What kind of questions were you asked in your OR interview? if you don't mind sharing.

Thanks

NM
 
Samwise1 said:
3. I am following the blog of the person who moved to Scotland from Ireland to declare bankruptcy, and he never mentioned having to go to court? Is it different in scotland? Or has he just not mentioned that part?
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People assume that the UK is one legal system, but it is not. I believe it's divided into about 3 systems. England and Wales, Scotland, and N. Ireland. So the person going bankrupt in Scotland will have a simlar experience to those in Eng/Wal, but it will not be exactly the same rules and procedures.
 
Hi samwise,

It is true there is no court appearance in Scotland. It is a totally separate system to England. You will apply directly to a government body who will bankrupt you within days of receiving your application assuming everything is in order. You will need to have established your comi and all the other aspects will need to be in place. No court appearance though. I'm finding that the clients I have from Ireland like the idea of not having to appear at court!
 
Hi No Moolah,

The OR interview focussed entirely on my Statement of affairs (Form 6.28) which I lodged to the court when I declared. The interview took approx 2 hours and although I was very apprehensive and worried about outcome it went very smoothly.

The OR went through every question I answered and asked for a narrative but you are allowed bring a copy for reference and as everything I said was accurate and true it went fine.

The OR came across as a forensic accountant and stated that the interview will be nothing to worry about once I am not trying to hide anything. I was asked at the end to make a statement as to what happened and how I got in to financial trouble as a narrative for my creditors.

I was asked did I gamble or did I pay one creditor over another and that was the last I heard from the OR!
 
Hi, I had my OR interview recently too and although I was slightly nervous about it, I needn't have worried. It was a phone interview and took 20 mins. I must be a straightforward enough case or just lucky I guess! I was told I'd be contacted in 6months time to see if my earnings increased and then automatically discharged in a year.
One thing that has been mentioned already on this site but I can't reiterate enough is to pay for someone like Steve thatcher. Unfortunately I had already signed up with another so called expert and he was terrible and his legal advice was completely wrong.His incompetence caused us an additional 4months on top of the 6month comi rule so it took me nearly a year to get my bankruptcy order. I sacked him and met up with Steve for one consultation and I got more info out of him in that hour than the year with the other guy!
 
Notsureatall said:
Hi, I had my OR interview recently too and although I was slightly nervous about it, I needn't have worried. It was a phone interview and took 20 mins. I must be a straightforward enough case or just lucky I guess! I was told I'd be contacted in 6months time to see if my earnings increased and then automatically discharged in a year.
One thing that has been mentioned already on this site but I can't reiterate enough is to pay for someone like Steve thatcher. Unfortunately I had already signed up with another so called expert and he was terrible and his legal advice was completely wrong.His incompetence caused us an additional 4months on top of the 6month comi rule so it took me nearly a year to get my bankruptcy order. I sacked him and met up with Steve for one consultation and I got more info out of him in that hour than the year with the other guy!
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Ohh that is so kind. Thank you and so glad that you are on your way.
Good luck with EVERYTHING ;-)

Steve Thatcher
 
Newgirl
How is your COMI going and have you made your application yet? I am interested in the detail of returning to the house after three months - how did that work. It would cost a good few thousand to store and remove the contents of, say, a four-bed house for three months and I would prefer to spend the money on establishing COMI and living in the UK during COMI. Any one else have any ideas as to how soon one needs to remove house contents. Many thanks.
 
Is it set in stone that the OR has to have a interview with you, either in person or on the phone? For example, can they just work off your statement of affairs etc without going through the interview process?
 
prodigy81 said:
Is it set in stone that the OR has to have a interview with you, either in person or on the phone? For example, can they just work off your statement of affairs etc without going through the interview process?
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Yes - in England and Wales.
 
Hi there Suerez, I am in a predicament, they are looking to put an IPA in place on my bankruptcy, I actually have no surplus cash..Is there anything I am missing out with. I earn only £1300 a month and £440 goes on rent. I am a single man and the electric and gas is included in the rent etc?? I am so worried I dont know what to do please help!!!
 
I private messaged you
 
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I left Ireland for the UK three years ago after a breakdown and am only now able to face up to dealing with the property I left behind. the mortgage hasn't been paid in years and the lender has been very good. I have the forms to proceed with a voluntary surrender in the hopes that they will take the keys board it up and I can carry on on my merry way in life.
however it has been suggested to me that I should declare myself bankrupt and then it will tie up all the loose ends and they won't come to the UK looking for me...I tend to take the ostritch approach and bury my head in the sand with stuff like this can any one advise me?
If I declare myself bankrupt in Ireland how will that affect my life here?
and if I don't go down that road and simply hand the keys back and hope for the best is it likely to catch up with me?
Any help or advise would be most appreciated.
 
It depends on the mortgage provider. AIB may agree to write it off - therefore no need for bankruptcy. I would suggest that you inform your bank in writing that your agreement to Voluntarily Surrender the property should be contingent on a full write off. If the bank don't play ball - contact someone like Anthony Joyce and his company might have more success in dealing with the bank on your behalf. Don't agree to anything until you've explored all of your options. If you have to go bankrupt - go bankrupt in the UK as opposed to Ireland. Your dicharge period - after being declared bankrupt - is 12 months in the UK as opposed to 3 years in Ireland.
 
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suarez said:
It depends on the mortgage provider. AIB may agree to write it off - therefore no need for bankruptcy. I would suggest that you inform your bank in writing that your agreement to Voluntarily Surrender the property should be contingent on a full write off. If the bank don't play ball - contact someone like Anthony Joyce and his company might have more success in dealing with the bank on your behalf. Don't agree to anything until you've explored all of your options. If you have to go bankrupt - go bankrupt in the UK as opposed to Ireland. Your dicharge period - after being declared bankrupt - is 12 months in the UK as opposed to 3 years in Ireland.
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I don't think the discharge period in Ireland is a clean 3 years, AFAIK depending on the lender they can pursue you for another 5 years, making 8 in total
 
It is 3 years unless a debtor fails to cooperate. No lender can pursue you once you go bankrupt.
 
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