Hi,
I'm in the process of getting started with establishing my COMI. I was wondering if I got a job with a ferry company based in the UK that travels between the two countries, how would this look to a judge? If I was paid by a UK company, had a UK address with bills, etc., and I was in the UK (Wales) for a couple of days a week, would the fact that I travelled regularly between the two countries militate against me in terms of applying for bankruptcy?
Thanks for your help.
Hi Steve
I am aware about establishing a COMI over a period of 6 months in the UK however have you ever known any particular courts to make issue of the fact that you weren't in their jurisdiction for the greater part of the 6 months? I note that the wording on the petition states that.
Thanks
NM
If you weren't in their jurisdiction, you couldn't petition. You have to be in the jurisdiction for the greater part of the last six months
Steve
So if I was in their jurisdiction for 2 out of the last 6 months and in another part of England for the time prior to that, it is not possible to apply within that jurisdiction?
It gets complicated but you may need to go back to the first place.
An example we had a client go through recently. He lived in Oxford for over three months, he then moved to London for two months. he went back to Oxford to get his bankruptcy order
Steve Thatcher
[broken link removed]
The key here is where you return to live after each business trip. Your comi is where you come home to. if you lived say in Holyhead but worked the ferries each day and come back at night or after a trip to Holyhead. Your comi is in Wales.
Steve Thatcher
www.stevethatcher.ie
Thanks, Steve. So what would be situation be if you ended up spending the odd night in Ireland due to ferry arrivals, etc? is that classed as a business trip? I would plan to have a place in Holyhead where I paid rent, had a rental agreement, utility bills, etc. But through work I would end up in Ireland occasionally. I guess this might be seen as suspicious?
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