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-   -   Bankruptcy in Spain (https://britishexpats.com/forum/spain-75/bankruptcy-spain-681324/)

Kitty_Kat Aug 15th 2010 5:06 am

Bankruptcy in Spain
 
I am currently still living in the UK but within the next few weeks I am moving to Spain to be with my partner. At the moment I have a large amount of debt here in the UK and after much deliberation I decided to declare myself bankrupt and to make a fresh start.
When I spoke to an advisor here they advised against it purely because when I would finally have got a court date (which would be months away) I would no longer be in the UK and I was told that I could only go bankrupt in the county that I reside in. Although I was prepared to come back to the UK for the court hearing they told me this would cause more problems to my case. My other option was to go bankrupt when I got to Spain. Besides from the obvious of trying to stay here in the UK until the bankruptcy has been done or not to go bankrupt at all, can any one offer any advice or information on this please? Thank you.

Rosemary Aug 15th 2010 6:01 am

Re: Bankruptcy in Spain
 

Originally Posted by Kitty_Kat (Post 8778966)
I am currently still living in the UK but within the next few weeks I am moving to Spain to be with my partner. At the moment I have a large amount of debt here in the UK and after much deliberation I decided to declare myself bankrupt and to make a fresh start.
When I spoke to an advisor here they advised against it purely because when I would finally have got a court date (which would be months away) I would no longer be in the UK and I was told that I could only go bankrupt in the county that I reside in. Although I was prepared to come back to the UK for the court hearing they told me this would cause more problems to my case. My other option was to go bankrupt when I got to Spain. Besides from the obvious of trying to stay here in the UK until the bankruptcy has been done or not to go bankrupt at all, can any one offer any advice or information on this please? Thank you.

My advice would be very straightforward and simple, do not go bankrupt at all. Do not come to Spain owing money as this will only compound things for you here.

Rosemary

evilroyslade Aug 16th 2010 1:14 am

Re: Bankruptcy in Spain
 
The whole point of bankruptcy in the UK is to give you a fresh start. There is a lot of good, free advice to be had from the Citizen's Advice Bureau (make sure you ask to see a Money Advisor, not a general adviser) and information on www.insolvency.gov.uk. You can prepare all the forms online via that site and if you are on benefits the court can waive it's fees, though not the £450 bankruptcy petition deposit. You can insist on "instant access to justice" though some courts do have long backlogs and you may have to make a fuss about that. Being out of the UK after the bankruptcy order is made is a slight complication, but not an insurmountable barrier. All the best - PM me if you need more specific information, or contact your local Official Receiver.

Loco Aug 19th 2010 1:10 pm

Re: Bankruptcy in Spain
 
[QUOTE=Kitty_Kat;8778966 When I spoke to an advisor...... SNIPPED..... I was told that I could only go bankrupt in the county that I reside in. [/QUOTE]
"

If your advisor ACTUALLY said this change your advisor as their advice is UTTER rubbish.

In equal measure IGNORE any advice using the term UK in relation to bankruptcy. There is NO UK Law.

Finally DO NOT move your COEI to Spain until you are free from debt.

The issues are complex, you don't supply details, I am not qualified to advise but it is well known that in the EU England is a great place to go bust unlike Spain!

Best

Loco

elspeth sinclair Aug 22nd 2010 12:30 am

Re: Bankruptcy in Spain
 

Originally Posted by Kitty_Kat (Post 8778966)
I am currently still living in the UK but within the next few weeks I am moving to Spain to be with my partner. At the moment I have a large amount of debt here in the UK and after much deliberation I decided to declare myself bankrupt and to make a fresh start.
When I spoke to an advisor here they advised against it purely because when I would finally have got a court date (which would be months away) I would no longer be in the UK and I was told that I could only go bankrupt in the county that I reside in. Although I was prepared to come back to the UK for the court hearing they told me this would cause more problems to my case. My other option was to go bankrupt when I got to Spain. Besides from the obvious of trying to stay here in the UK until the bankruptcy has been done or not to go bankrupt at all, can any one offer any advice or information on this please? Thank you.



Dare one ask how you intend to support yourself in Spain without getting into debt when you couldn't manage it in Britain?

JLFS Aug 22nd 2010 1:39 am

Re: Bankruptcy in Spain
 

Originally Posted by elspeth sinclair (Post 8794335)
Dare one ask how you intend to support yourself in Spain without getting into debt when you couldn't manage it in Britain?

Kitty Kat:

You have the right to remain silent.

Anything you say can and will be used against you etc etc.................

Rotor Aug 22nd 2010 9:08 pm

Re: Bankruptcy in Spain
 

Originally Posted by Kitty_Kat (Post 8778966)
I am currently still living in the UK but within the next few weeks I am moving to Spain to be with my partner. At the moment I have a large amount of debt here in the UK and after much deliberation I decided to declare myself bankrupt and to make a fresh start.
When I spoke to an advisor here they advised against it purely because when I would finally have got a court date (which would be months away) I would no longer be in the UK and I was told that I could only go bankrupt in the county that I reside in. Although I was prepared to come back to the UK for the court hearing they told me this would cause more problems to my case. My other option was to go bankrupt when I got to Spain. Besides from the obvious of trying to stay here in the UK until the bankruptcy has been done or not to go bankrupt at all, can any one offer any advice or information on this please? Thank you.

If you are comimg to Spain broke then you will soon be going back to the UK,probably around 2 weeks! I can understand wanting a fresh start and would advise getting some professional advise on financial planning ,if you go bankrupt in the UK and stay there you will still have a fresh start and there`s work there as well, none here:thumbdown:

Veleta Aug 23rd 2010 1:20 am

Re: Bankruptcy in Spain
 

Originally Posted by Rotor (Post 8796068)
If you are comimg to Spain broke then you will soon be going back to the UK,probably around 2 weeks! I can understand wanting a fresh start and would advise getting some professional advise on financial planning ,if you go bankrupt in the UK and stay there you will still have a fresh start and there`s work there as well, none here:thumbdown:

She did say that she would be moving to Spain to live with her partner. One assumes (or at least I did) that he will be supporting her until she gets on her feet. What's wrong with that? Plenty of men support their non-working partners. At least she has someone to depend on in Spain.


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