Can I make myself bankrupt in England and Wales if I live abroad?
Actualizată în: 1 Apr. 2019
Yes, but if you are living in an EU member state, apart from Denmark, you must show the court that your center of main interests is in the UK. See the next section to find out more about a center of main interests. If you live in any other part of the world you can present a bankruptcy petition in England and Wales if: (a) you are personally present in England and Wales on the day you present your petition for bankruptcy to the court, or (b) if you have lived or carried on business in England and Wales at any time in the three years before the day you present your petition. The country in which you live may not recognize the bankruptcy proceedings and creditors there may still be able to take action against you.
What is a center of main interests? The EC Regulation on Insolvency Proceedings 2000 came into effect on 31 May 2002. It will affect you if you live in an EU Member State - apart from Denmark, which opted out of the Regulation. Under the Regulation you can open insolvency proceedings (make yourself bankrupt) only in the country where you have your "center of main interests".
There is no definition of a center of main interests, but the court will usually regard the country where you carry on a business or earn your living as your center of main interests. The court will also consider the place where you normally live, i.e. your country of habitual residence. If you are not employed or self-employed your center of main interests will be the country you normally live in at the date of the petition. Solicitați o consultație gratuită aici. sau ne puteți suna:
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