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Max Lowry
Max Lowry, Advocate
Category: UK Bankruptcy Law
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Experience:  LLB, 10 years post qualification experience
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how long do you have to remain in the UK after obtaining a

Resolved Question:

how long do you have to remain in the UK after obtaining a declaration of bankruptcy?

I see that that in the Insolvency manual 43.0.10 it states "Additionally, where the official receiver considers that the bankrupt has returned to his/her home nation shortly after the making of the bankruptcy order, he/she may consider inviting the bankrupt to interview."

I'm trying to find if there is any data on what shortly means...a month, six, months etc.

I know that the safest option is to stay until the bankruptcy is discharged (normally after 12 months).
Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  Max Lowry replied 1 year ago.
Hi, welcome to Just Answer. I will help you with your question. Is this for being made bankrupt in the UK? I see you are based in Ireland.
Customer: replied 1 year ago.

Hi Max,


Thanks for the fast response.


 


Yes we are in the republic of Ireland and have one major debt.


Our house, in joint ownership is in 60% negative equity.


 


We are both in our late fifties and have a joint mortgage with 10 years to go which we have no chance of paying. Both of us are unemployed.


 


We plan on moving to the UK and establishing COMI. (document trail..)


 


After 6 months we plan on applying for bankruptcy.


 


We are trying to understand what restrictions we are under after we are both declared bankrupt on visiting Ireland and returning to Ireland permanently.


 


Thanks for your help,


 


 

Expert:  Max Lowry replied 1 year ago.
Got it. Upon bankruptcy you will have one interview with the Official Receiver. Providing everything is straightforward and there are no concerns by the OR you will not need another meeting or interview. Generally, one meeting is all that's required and it will be held as soon as possible after the making of the bankruptcy order (usually within 2 weeks or so depending how busy the OR is). I have has clients who were not quite truthful at the first meeting which necessitated in a further meeting. Again, the second meeting was held within a month or two of the first.

Be truthful at the meeting an up front. Only provide answers to the questions asked. Chances are, providing things are straightforward you will only ever have one meeting.
Expert:  Max Lowry replied 1 year ago.
Please let me know if I can assist further. Kindly take a second to rate my answer so I am credited for my time in assisting you.
Customer: replied 1 year ago.

Sorry Max,


I didn't clarify exactly what I'm asking.


 


How long after we meet the OR can we return permanently to Ireland?


 


 


I see that that in the Insolvency manual 43.0.10 it states "Additionally, where the official receiver considers that the bankrupt has returned to his/her home nation shortly after the making of the bankruptcy order, he/she may consider inviting the bankrupt to interview."


 


 

Expert:  Max Lowry replied 1 year ago.
No problem. After you've had your first interview it is possible to ask whether you will be required to attend any further interviews. The examiner should be able to tell you if there are additional enquiries she needs to make could mean you may be called back for a meeting. If you do not get any certainty from the examiners answers I would probably give it a few weeks, phone the examiner and ask if there is anything you can assist with. Tell them you will soon be traveling and if they need to see you you are happy to come in for a meeting. When they call you, if they call you is pretty much outside your control.

As I said, in the vast majority of cases there is only one meeting which takes place very quickly after the bankruptcy order.

Unless the examiner indicates at the interview that further information may be required or enquiries need to be made you may just arrange to go back. You can reassure the OR that you will always be contactable by the usual means and they have your cooperation.

Once you are bankrupt there are no other restrictions on travel inside or outside the UK.

Please do let me know if you wish me to clarify anything.
Customer: replied 1 year ago.

Thanks again for the fast reply.


This is definitely worth top marks plus a bonus!


 


Sorry to labour this,


but does the COMI become irrelevant after the final meeting with the OR.


 


Obviously as you said we need to be available if required but that's just a ferry or plane trip.


 


 


 


 

Expert:  Max Lowry replied 1 year ago.
COMI becomes a lot less relevant after the bankruptcy. Of course you need to demonstrate COMI before the Order is made. If, after bankruptcy the OR questions your reasons why you went bankrupt in the UK rather than Ireland it is possible, although unlikely, that your bankruptcy is unravelled. The Courts have recently tried to curb bankruptcy tourism. The OR is only likely to take such drastic action with high profile cases.
Customer: replied 1 year ago.

Hi Max,


That's great advise.


Much appreciated.


 


We won't be in the very low profile!


 


My wise wife pointed out that problem is probably on the Irish side.


An Irish creditor could claim that our COMI was really in Ireland and that UK bankruptcy was not valid.


 


I'll check with an Irish Lawyer and see what are the Irish minimum requirements for accepting UK COMI.


 


Sorry for the multiple iterations!


 


I'll give your well deserved top Marks and bonus.


 

Expert:  Max Lowry replied 1 year ago.
You are correct. This was the position where a recent property developer had bankruptcy proceedings commenced against him in Ireland and then he commenced proceedings in the UK. The bank in Ireland were not happy about this and made it very difficult for him. This was a high profile case involving many millions.
Max Lowry, Advocate
Satisfied Customers: 1420
Experience: LLB, 10 years post qualification experience
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