# Partner going bankrupt in Northern Ireland



## rion (20 Feb 2013)

Hi would it be possible for my partner to move to Northern Ireland to go bankrupt without myself and the kids moving there,  He has developed epilepsy and is no longer fit to pay his mortgage as we are living day to day, the area his house is would be unsituable for us to move as there is lots of antisociable behiavour & lots of partying every weekend.  

His bank has issued legal proceedings and I am worried and dont no what steps to take.  I have been saying for past 10 years to get a house that we can call home as been renting for years, I have now just about with help from my mum got enough to buy a small home and am worried if I buy this home his bank will come after me.  We have only just got back together after been separated for 2 years.

I really appreciate your opinion on this matter. regards Mary


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## 44brendan (20 Feb 2013)

While not being an expert in the area, I note from similar cases and commentary on this site that this is potentailly a solution open to your partner. If all liabilities are in his sole name and he can establish a COMI in NI for the required period, he should be able to file for bankruptcy in that jurisdiction. It would worthwhile getting the name of a good insolvency practitioner in NI to access the requirements for filing in that jurisdiction.


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## Bronte (6 Mar 2013)

Rion you've really not given us a lot of information.  Are you married?  You are not liable for your partners nor husband's debts.


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## rion (6 Mar 2013)

Hi and thanks guys for taking the time to reply, no we are not married we have 3 children but after been together 5 years we separated, we only got back 2 years ago.  We dont know wot direction to take as I said a house has come on the market in my hometown which iss within my budget with help from my mum.  My partner is in 100,000 in dept to his mortgage he bought the house for 150,000 and still owes 145,000 and the masionette is only worth 45000.  He wants to go down the Uk bankrupcy route.  I in an ideal world would like him to stay with us and go with the Irish bankrupcy.  We have no idea were our lives are going at minute is soo confusing.  I have to tell the solicitor If I am interested in the house very soon.  Any advice is sooo welcome


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## Bronte (6 Mar 2013)

Rion when there's a choice of UK or Irish bankruptcy, then one should chose the UK option, no contest there.

You are buying a house in your own name, with financial help from your mother.  Can you afford the repayments on a mortgage yourself, can you demonstrate to a bank you are a good candidate?  Also have you any savings etc?  More figures would be helpful.


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## rion (6 Mar 2013)

Hi I would be buying the house with cash it is on for 65000, my mum would be giving 20000 of that.  It would be in my sole name.  If I buy this house I would have no savings left.


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## Importer (6 Mar 2013)

Not an expert on this either but just be advised that your partner will encounter bankruptcy costs if he goes that route. It could cost 5000 to 10000 for bankruptcy costs alone.

He will also have to show that his COMI (centre of main interests) is actually in the North of Ireland. This will be very difficult for him to do if in fact the opposite is true (as it appears to be). The definition of COMI is not precisely defined but will usually mean some or all of the following are true :that he has a residence in the north, his family are in the north, he has utility bills in his own name in the North. He has a job in the North. He has extended family in the North, He has a car registered in the North and anything else that ties him to the place. 

An alternative suggestion for your partner would be to surrender the property to the bank and sit tight. If he has no income there is little else that the bank can do.

In my mind bankruptcy is mainly for people with huge unsustainable debt.Your partner has a net debt of around 100K which may seem high but relatively speaking, is not.

If I was him, I would surrender the property and do nothing else for now.


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## rion (6 Mar 2013)

Cheers importer for info


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## Steve Thatcher (19 Mar 2013)

Importer makes some really good points. My job is helping people go bankrupt in the Uk as most on this site know, but you cannot always make circumstances fit the solution you want and also, sometimes the best solution lies at home.

From what you say buying the house in your name should not give your partner any right to any equity in that property in the short term. As long as he doesn't contribute to the payments on any mortgage you might take out or the up keep of the property or improvements, i cannot see how most importantly his creditors could infer he has an interest.

As for whether he should go to the North. Of course he can. But it is not easy to go bankrupt in the North. From extensive experience the Judge there starts with the view that an Irish application for bankruptcy is founded on a tissue of lies and fabrication. It is for the applicant to break that down.
I have got every single one of my cases through but it can be a hard and brutal 40 minutes in front the Judge.
Actually I think she is doing the right thing in being tough, as she has rules to uphold.
In your partners case, he will need to move live and work up there. He will need a panoply of evidence that his life is in the North.
He might continue to have a relationship with you, but to all intents and purposes when he applied it would be on the basis that he was single. Indeed he might be if he wasn't reliant on you to put a rook over his head.
Does he really want to go through all that though for £100,000. Many do I know as they simply can't take any more.
There will be a solution of sorts coming, sometime in the future, which in your partners case will probably be along the lines or paying what he can afford for a period of time. If he completes that programme, the balance of the debt would be written off. It may take five years, but at least he can do that without moving country.

Steve Thatcher
www.debtoptions.ie


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## Gerry Canning (19 Mar 2013)

RE Steve Thatcher, I like his points. From my {limited} knowledge NI Bankruptcy ain,t as easy as it sounds.I also think ,have him hang in, in ROI for a while as {maybe} our banks will run  the new Personal Insolvency programme in a proper pragmatic manner , as it,s really in no ones interest to have people border -hopping to bankruptcy.


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## rion (16 Apr 2013)

Hi guys & thanks for your help with this, its been a long time running round in our helps but we have decided that we would like to write to ptsb and offer them 10000 as full and final settlement for the masonette my partner owns.  If they do not except this we are going to move to the UK to try and avail of bankrupcy there.  We are not taking this dicision lightly, I have to do whats best for my family and I was not the 1 that bought the house but am willing to put off buying a family home to pay 10,000 towards his mortgage..  This masonette has been on the market for 3 years with no viewings should I advise my partner to put this on his letter to them.  Can anyone help give me guidelines on what he should write in his letter to the bank.  Many thanks guys


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