Bankruptcy when not living in the UK

[kiska1961]

Hi all,

Just a quick message

 

 

anyone have any bankruptcy experience

 

 

when the debt is held in the UK

by a UK resident at the time of loan advance (in this case it is a mortgage)

 

 

where the debtor is now resident in an EU country.

 

 

What are the implications to any assets held by the debtor located outside of the UK when the debtor is no longer a UK resident?

Thanks

[unclebulgaria67]

Think you would need to speak to someone that handles Bankruptcy, as you need to understand the process and how it would affect you. Not sure you can declare bankuptcy in the UK and not declare any assets held elsewhere. There is a company called Bankruptcy from abroad and they are apparently quite helpful. There is also information on their site, which would probably answer many questions you may have.

[Leakie]

I am pretty sure, that you have to be resident in the UK, to be made bankrupt,

if you were residing in the EU at the time of the summons being served, then something has gone wrong,

as the bankruptcy should not have gone ahead.

 

 

Leakie

[unclebulgaria67]

I am pretty sure, that you have to be resident in the UK, to be made bankrupt,

if you were residing in the EU at the time of the summons being served, then something has gone wrong,

as the bankruptcy should not have gone ahead.

 

 

Leakie

 

If you don't tell creditors you have left the UK, they can serve papers to the last known UK address and bankruptcy will go ahead. If they have been made bankrupt and live elsewhere, then it will down to the creditors trustee to pursue this, by tracing the person and any assets they hold. If this is the case, they should stay off the radar for over 3 years and then it would be difficult for assets elsewhere to be sold to pay the debt.

[Leakie]

Thanks UB

I was under the impression the Bankruptcy summons had to be serve to the person directly,.

Thank you for the correction.

 

Leakie

[unclebulgaria67]

Thanks UB

I was under the impression the Bankruptcy summons had to be serve to the person directly,.

Thank you for the correction.

 

Leakie

 

You would think so, but on the legal pages on CAG there is a lady who had been fighting her bankruptcy for years, after the summons was posted through her letterbox when she was away for a period. She was then made bankrupt in her absence. If you look at the bankruptcy in absence rules, it does not require the summons to be personally served.

[Leakie]

I unfortunately had to go bankrupt in January 2009

and I was served the papers some 3 months before,

the person was very apologetic and told me he had to serve me personally,

 

I'm sure I read some where that you could not be taken to court if you were not residing in the country at the time ,

but may be mistaken.

 

Leakie

[unclebulgaria67]

I unfortunately had to go bankrupt in January 2009

and I was served the papers some 3 months before,

the person was very apologetic and told me he had to serve me personally,

 

I'm sure I read some where that you could not be taken to court if you were not residing in the country at the time ,

but may be mistaken.

 

Leakie

 

Think the server gets more money if they personally serve documents. That is what I have read anyway. They have to attempt personal service, but can just position the petition to the last known address.

 

If you have read the Wendyboats thread on the legal pages, you will find a case where someone was made bankrupt when they were away from their UK home.