Conditions for a bankruptcy in the UK
UK law sets certain requirements for a bankruptcy. As a German citizen you can definitely meet these requirements. We will help you.
You should meet the following requirements when going through with a UK personal bankruptcy:
- When making the application your main place of residence should be in the UK.
- No personal bankruptcy procedure should be underway elsewhere.
- 6 months before the UK personal bankruptcy, your residency or business should predominantly lie within the jurisdiction of the bankruptcy court.
Personal bankruptcy in the UK – requirements in detail
1. When filing for a personal bankruptcy, your main place of residence should be in the UK. According to UK law, your main place of residence counts as such after 183 days. A sure method of proof can determine the success of your personal bankruptcy application.
According to provision 13 of the European Bankruptcy Regulation (EuInsVO), “the main location for primary interests” is the place “where the debtor usually administers his interests and can therefore be reached by third parties”
This main location must be set up for a good length of time and cannot simply be short-term. There are various ways of proving this for a personal insolvency in the UK. We’ll help you every step of the way.
2. In Germany or other EU countries no personal bankruptcy procedure can be underway. You should not make this error when applying.
Don’t worry: enforcement measures, similar to an affidavit, cannot damage an application for a UK personal insolvency . As dictated by the ECJ, only an open insolvency proceeding in another EU country can mean that the jurisppdiction of other/UK courts is overridden. In addition: if a creditor in Germany makes an alication for a personal bankruptcy, this by law must then be taken on by the debtor. Besides this, the court in Germany takes responsibility for the case both within Germany and internationally.
You simply have to be quicker in opting for the UK option. The faster you opt, the easier your path in the UK will be. So don’t waste any time!
3. It is very important when applying for a UK personal bankruptcy that your residency or business has been within the jurisdiction of the insolvency court for at least 6 months.
If you have moved to a new city and out of the jurisdiction of a UK court, you will have to refer to the old court’s jurisdiction if there is any doubt. This even applies to UK citizens filing for a UK personal insolvency.
Compared to what would be in store for you with other bankruptcy processes, this doesn’t seem like much, right? Have a look at our details on a German personal insolvency.