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#30980
Dear Beat my debt

I am UK citizen who will be made bankrupt in the UK, I have debts in the UK and Germany. My German creditors will be included in my UK petition. My question is -

When I return to Germany must I inform my creditors of the Bankruptcy order or must I go to court in Germany to do this. The UK courts will advise German creditors etc and under EU regs the UK bankruptcy order is recognised in Germany. Is there more I must do? or to expect.

This might be vague, but I am looking for general advise for when I return.

Thanks

B
#30982
Hi there Bobby1983 and welcome to the forum :)

As far as I am aware if you go bankrupt in the UK and have debts in another EU country (eg Germany) then the debts in Germany are included. If you then return to Germany your creditors there no longer have any right to chase you. I do not think you need to inform the creditors or the court in Germany as this will be done by the court in the UK. However I think it would be wise to keep your official documents issued by the UK court so that this can be shown to your creditors in Germany if necessary.
#30984
Hi there Bobbie1983

Hayden is correct. If you declare yourself bankrupt in the UK then any debt that you owe in other EU countries are also included. There are many people from Ireland who are currently taking advantage of these rules to resolve large mortgage shortfall debts in their country.

If you are planning to go bankrupt in England or Wales then once you are through the process there is nothing to stop you returning to Germany at any time. The Official receiver in the UK will make their best effort to contact your creditors in Germany however I do advise that you ensure you get a written copy of your bankruptcy order from the court so that you can show this to any creditors in Germany if necessary. Some Courts do not issue this document automatically so ask if it is not forthcoming.

If you have any further questions about bankruptcy or the process please do not hesitate to let us know.
#32817
Dear Beat my debt

How long must I be living back in the UK, when I have been living in Germany for me to go Bankrupt in the UK. I have been reading about COMI - centre of main interest. Any advise would be good. Some sites say 3 months and some say 6 months. I have a bank account, live with my parents and pay rent, but unfortunately claiming Job seekers allowance.

Regards

Bobby
#32819
Hi there Bobby1983

In answer to your first question it really depends on how long you have been living in the UK before you go bankrupt. If you have been living here for a few years then there would be no issue with you returning to Germany a week or two after you go bankrupt as long as you inform the Official Receiver of your whereabouts and contact details. Having said that if you have only been in the UK for the past 6 months simply to qualify to go bankrupt here then some official receivers like you to maintain your COMI (Centre of Main interest) in the UK for the year you are Bankrupt. Having said that you can still travel to Germany for visits if you wish.

To answer your second question about COMI.... The law states that your COMI must be in the UK for the greater part of the last 6 months before you go Bankrupt. In other words the letter of the law is 3 months and one day (this is where the 3 months comments you have been reading about come from). However to avoid being considered a "bankruptcy tourist" I would recommend you be in the UK for 5-6 months before going to Court.

Are you aware of the steps you will need to go through to go bankrupt? Have a look at the link below which gives a very useful guide.

How to go Bankrupt
#32821
Dear Geraldine

Thank you for the info. About your comment that the OR might put a restriction on the BO that I must remain within the UK for a period of time to validate my stay in the UK, what is the possibility of this happening. I do not know if I would return to Germany or in fact any other country to better my personal situation.

The process of bankruptcy I understand and have thoroughly studied it. Thank you for your assistance.

Regards

Bobby
#32825
Hi there Bobby

As far as I am aware and as Geraldine has already stated, you should really have been living in the UK for at least 6 months to go bankrupt and the length of time you have been in the UK prior to bankruptcy will have a bearing on when you can move to Germany. However, there is no definite answer as it will be up to your OR and whether they feel that you have only been here to declare bankruptcy ad then move.

Sorry I cannot be more clear but my advice would be to leave it as long as possible to go bankrupt if you have only been here a few months.
#32826
Hi Bobby

As Geraldine has rightly said. The law states you have to be in England or Wales for 3 months and 1 day before you can present your application. However I always recommend that people are here for 6 months before the apply as it simply shows good faith and puts you in a better light with the Judge at the Court. I have not heard of a Judge refusing a bankruptcy application for someone who has been here for 6 months.

However the length of time you were in England or Wales before you go bankrupt has no bearing on the length of time you have to remain here afterwards. The law states you can leave the same day if you wish note it is different in N Ireland. Having said that it is possible that the OR will question what your intentions will be and whether you will stay in the UK for the period of your bankruptcy. They can take a dim view if you say you are leaving the next day.

In my view if you have only been living in the UK for up to 6 months before going bankrupt it would be the right thing to plan to remain here for a few months after going bankrupt as it shows good faith on your part in terms of your COMI being here. Then after a few months have past you might find a good reason to move back to Germany. For example if you feel that the prospects of you finding a job are better there.

In this situation the OR will not restrict your movement as they are keen for you to make every effort to gain better employment and so have some chance of making an income payment arrangement. They will expect you to remain in touch with them if you do move.