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Can I Go Bankrupt in the UK Instead of Germany? – Eward

“Dear Jon,

Lived in Germany and had business which is goinging into bankruptcy next week owing 400.000 Eur. There are taxes and social costs outstanding and I will be liable for them so I will be forced into personal bankruptcy my lawyer says. I own a house jointly with my wife in Germany which has a mortgage and little equity.

If I go bankrupt in UK rather than Germnay would there be a claim on my German house, as in England I have no debts and rent a house. Furthermore am I protected from these claims inGermany by the UK bankruptcy.

Eward”

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The Answer

Eward,

Are you now living in the UK?

You are correct that you can include EU debts in a UK bankruptcy, however it is not just that easy to come to the Uk and go bankrupt. You need to show the centre or majority of your interests in the UK. This means you need to establish residency, which is usually living here 3-6 months, be working in the UK, paying taxes, banking, etc. Once this is done, then yes you can include the German/EU debt in a UK bankruptcy.

However, in a UK bankruptcy any asset in the world, such as property in Germany, does become part of the bankruptcy and can be taken for the bankruptcy.

This is from the UK government’s insolvency service:

Any asset in any part of the world would be classed as an asset in a bankruptcy in England and Wales. There is now widespread co-operation in many countries in the world between courts exercising jurisdiction in relation to insolvency, including all EU countries. This means that the OR or trustee in bankruptcy would be able to sell property abroad that is owned
by the bankrupt.

Any asset in any part of the world falls into your bankruptcy estate. However, the trustee may encounter problems selling foreign assets if he is not ‘recognised’ in a foreign jurisdiction as having the power to sell them. The trustee may require co-operation from you and also, he may need to apply for a court order in the foreign country to deal with the asset.

This is something to be aware of if you do go bankrupt in the UK.

I hope this helps.

Regards,

Jon

Can I Go Bankrupt in the UK Instead of Germany?   EwardJon Emge is an experienced UK debt advisor who has helped thousands and thousands of people in the UK to deal with problem debt. Jon specialises in finding good solutions for problem debt using a variety of UK specific techniques.

If you have a question you’d like to ask about how to get out of UK debt, just use the online form. I’m happy to help you for free.

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