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Northern Ireland Archives - Bankruptcy UK



Property in Ireland and now going bankrupt …

I have a property in Ireland in negative equity. Would bankruptcy be an option? What are the consequences?

Properties in negative equity are not lost in bankruptcy provided mortgage payments are maintained. The Trustee / Official Receiver registers his interest in the property on the Land Registry, then reviews the position 27 months later. On the other hand, Irish properties are often in serious negative equity and you might want to simply surrender the property and include the shortfall in the bankruptcy.

Please note that the insolvency laws in Northern Ireland and the Republic of Ireland are very different. In Northern Ireland, the laws are almost identical to those in England and Wales i.e. 12 months in bankruptcy, but in the Republic of Ireland bankruptcy lasts for 3 years. For this reason, people considering bankruptcy in the Republic of Ireland often choose to relocate north of the border or to England / Wales.

Provided it is clear that this is a permanent move and that the ‘Centre of Main Interests (COMI)’ is now in the chosen area, it would be possible to proceed using the more lenient insolvency laws. We have helped countless people from the Republic of Ireland over the years, so give us a call and we’ll talk you through it. We weren’t clear as to whether you had already relocated or were simply considering it.

Bankruptcy UK specialises in taking people through the bankruptcy process in a straightforward manner. We will assess your circumstances then submit the bankruptcy application online. Court appearances are no longer required for bankruptcy. Call us for a chat about your circumstances on 01425 600129.

Made Bankrupt when out of the UK – will I be arrested if I return?

I was made bankrupt in 2008 when i was out of the country and was advised by a relative that i had received a notice of bankruptcy. I am currently abroad and have no plans to return to the UK, though this may change. I never made contact with the receiver nor did i receive anything including my court summons. I have 2 questions (1) were i to return to the UK am i likely to be arrested and (2) have i received a suspension of discharge as the last mail i received was a big envelope containing forms from the OR and a notice and a leaflet about how bankruptcy affects me!

You would have been made bankrupt regardless of your absence and will not be discharged until such time as you make contact with the Official Receiver. Therefore, if you were to check the Insolvency Register, you would find that you are still officially bankrupt with ‘BRU’ in bright red letters next to your name. Regarding the question ‘would I be arrested?’ the answer is definitely not, as bankruptcy is a civil and not criminal procedure.

Feel free to call us with any further questions or for bankruptcy help on 01425 600129 / 07479 739139 / 07894 481175



Bankruptcy UK

Bankruptcy UK