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Alex J.
Alex J., Solicitor
Category: UK Bankruptcy Law
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Experience:  2 Years Insolvency Litigation
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I am considering filing for bankruptcy in the UK. What is the

Resolved Question:

I am considering filing for bankruptcy in the UK. What is the process?
Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  Alex J. replied 1 year ago.
Hi,

Thank you for your question.

To petition for your own bankruptcy you will need to file a debtors bankruptcy petition.
You will need to file form 6.27 at your local High Court Registry.

You will then need to file form 6.28 detailing a statement of your affairs.

The process for the debtors petition is very quick and will normally be made on the date the petition is filed.

Once you have been granted the bankruptcy order your case will go to the Official Receiver who will have the power to manage all your affairs. You will be able to retain basic clothing and furnishings and a monthly living allowance if you have an income of £500.

After one year minimum the bankruptcy should be discharged and you will start with a clean slate. You may find it hard to obtain credit however for a further 6 years.

Here is a link to the forms https://www.gov.uk/bankruptcy/applying-for-bankruptcy

Kind regards

AJ
Customer: replied 1 year ago.

While I am a British citizen, I am not resıdent in the UK and have no assets whatseover in the UK. I am a Foreign Resident of Turkey. How will this affect my position? Also I have no interested in obtaining credit in the UK. I do receive a UK Government pension and a small private pension of 255 per month.Would these pension payments be affected in anyway?

Expert:  Alex J. replied 1 year ago.
Hi,

Thank you.

If you declare bankruptcy in the UK and have no assets you may have to take the order and register it where ever your Centre of Main Interest is.

If this is Turkey you may be better off seeking to declare bankruptcy in Turkey. You will need to speak to a Turkish lawyer to find out what effect this will have on your assets.

A trustee in bankruptcy in England cannot claim your state pension. This therefore may serve you best to file the petition in England.

Kind regards

AJ

Alex J., Solicitor
Satisfied Customers: 2723
Experience: 2 Years Insolvency Litigation
Alex J. and other UK Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

Forgive me but I am a little confused. I would not wish to file for bankruptcy in Turkey. In fact I am not even sure you can do such a thing in here. Are you saying that I cannot file for bankruptcy in the UK if I am non-resident and have no assets there?

Expert:  Alex J. replied 1 year ago.
Hi,

Thank you.

You can file for bankruptcy in the UK. I am saying that if you do not have any assets or debtors in the UK there seems little point in taking this course of action as it is unlikely you would be forced into doing this if you took no action.

What are you seeking to achieve?

Kind regards

AJ
Customer: replied 1 year ago.

OK. I do have indebtedness in the UK. Altho' noone is chasing me right now it is not inconceivable that they may in the future. They include a bank overdraft, credit cards, personal guarantees on company loans and one or 2 debt with service providers such a Doctor. I wish to remove any liability to have to repay these loans..Hope the picture is getting clearer.

Expert:  Alex J. replied 1 year ago.
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Alex J.
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