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If i have been made a bankrupt in NZ but have property to sell

Resolved Question:

If i have been made a bankrupt in NZ but have property to sell over in nz and this does not cover my debt can they come for my house in the uk.and if so should i be putting this in a trust to protect my familey
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Is the house in your sole name?

 

Tom

Customer: replied 4 years ago.
Yes it is
Customer: replied 4 years ago.

Thomas how hard would it be for them to do this if its possible.at all. And how long would it take .They have to sell a joint partneship in a buissness. A water company.

Hotel ,plus my appartment then if there is not enough would they come for me,

it would not be for a huge amount. and in your opinion would they you might need to ask some one with a bit more experence here

Cheers

Mark

Expert:  Thomas replied 4 years ago.

Hi Mark,


Thanks for your reply.

 

If there is a debt upon which the obtain judgment in an NZ Court they can seek to enforce the debt through the UK courts. They can even bypass NZ Courts and obtain judgement here. It's (unfortunately) not too difficult to do, whether they will depends how much the debt is for and whether they think you have any assets here.

 

It would take a few months, but you would receive notice of this obviously.

 

Any transaction you would choose to make now with a view to ring fencing the property would be seen as a transaction undertaken for the purpose of defrauding your creditors. You are aware that there is a potential debt so by seeking to reduce your assets in this way you would be defrauding them.

 

The Courts have very wide powers to set aside transaction such as the one you suggest. The creditor would have to make a further application to Court to have any such transaction set aside, which would take a little bit of time but their legal fees for doing this would be added to the debt so, you see, it would really only compound your problem.

 

You would be entitled to make representations to the Court as to why the property should not be sold (eg. it is your family accommodation and your family should not suffers) however. If this happens you really should take specific and independent legal advice on the particular circumstances of the debt owed at the time.

Sorry it could not be better news.

 

I'm not particulaly clear about the other assets you mention, but if you have an interest in them then you should engage with them over how they are to enforce the debt. If you do not then they may clock up more legal fees to be added to the debt.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

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