# Take a career break to go bankrupt?



## gearoidc

How would taking a career break in order to go bankrupt be viewed in the UK courts?

I presume it's a non-runner?


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## Bronte

Apparently you can do this.  There was a poster on here in the last 2 months whose ex had done the very same thing.  And I think I asked a poster called Steve Thatcher (UK solicitor handling Irish bankrupts) about it and he said that all the UK courts want to know is current income.  

If you do go down this route can you post back how you get on.


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## PiedPiper

*Last option*

I really think that going bankrupt in the UK should be the very very last option.

I heard that some of the non mainstream lenders are not turning up to court if you take a case against them so you win by default.

There would be a lot of research needed before going bankrupt and certainly no hurry.


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## Bronte

PiedPiper said:


> I heard that some of the non mainstream lenders are not turning up to court if you take a case against them so you win by default.
> 
> .


 
What are you referring to? Who is taking cases against banks?


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## PiedPiper

*Where have you been Bronte?*

I see there is a group called Debtoptions who have had 100's of people file cases against their lenders.  The video is on utube and they have a facebook page.

If the banks didnt have the money in the first place it was fraud and there are those that say the both sides have to sign a contract for it to be valid and that the person making the claim against you must be the party of interest that kind of thing.

Then there is another crowd called the common law society and they are filing cases all over the place and running lay litigation days.

20% of cases are lay litigants.

Then there is the anti eviction task force who are fighting hard to keep people in their homes.

I admit I did do some protesting with the anti eviction task force but have nothing to do with the other groups!!


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## Delboy

PiedPiper said:


> I admit I did do some protesting with the anti eviction task force but have nothing to do with the other groups!!



Have you protested on behalf of this man for example as part of 'Anti Eviction Ireland'?

*Sheriff blocked from Louth home by new anti-eviction lobby group*


[broken link removed]


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## Bronte

It seems that guy in Louth did get evicted.  

And he wasn't exactly a poster boy for anti eviction anything as he was apparently pocketing rent and not paying the bank.


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## Delboy

Bronte said:


> It seems that guy in Louth did get evicted.
> 
> And he wasn't exactly a poster boy for anti eviction anything as he was apparently pocketing rent and not paying the bank.



don't be letting small things like that get in the way of a good story for some of the posters on here!!!


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## James Rice

*Bankruptcy holidays*

That is what they call it in Northern Ireland anyway...lol


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## time2

*RE: career break in Ireland to go bankrupt in UK?*

Hi
I was also wondering the same thing ,, is it possible for my husband to take a years leave from his public service job to go bankrupt in UK or does he have to quit job fully??? this is our main stumbling block for going bankrupt in UK and also trying to find work in England is going to be a pain ! I don't work.


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## Luternau

fred1112 said:


> Hope my advice helps!



What advice exactly? It was a rant if you ask me!

Who says its a scam? If a public servant is able to take a career break, and the terms of that preclude going bankrupt in another jurististiction, then its their own business what they do during that break. 

How do you know that the person you responded to has an inflated salary?
Media reports say that many civil/public servants are not earning much above 30k, and they have pension levies etc.


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## Pat2013

Anyone know if a county council employee will loose their job if they go bankrupt?


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## Time

Depends on what is in their terms of employment. 

Unless it is a position where money is being handled I doubt it would be the case.


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## Pat2013

Thanks. Would that exclude engineers, in your opinion, from keeping their employment.


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## Luternau

Pat2013 said:


> Thanks. Would that exclude engineers, in your opinion, from keeping their employment.




As advised already, it totally depends on the terms of employment-no matter what your position in the council, no opinion given here will over ride these terms. Fact is what you need.
Can you check with HR? Or read the terms of your employment (Contract?) Ask your Union to enquire on your behalf?


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## ashambles

You'd probably need a view from a UK expert. It may be that what you're doing is too contrived. 

Also how long can career breaks be? I thought it was 1 year, is that enough time?

You're really on unpaid leave. A judge or whoever looks at these things might treat you differently from someone who doesn't have such a clear path back to employment?

Say when Ivan Yates went to the UK he made it as clear as possible he'd left Newstalk. But since he's a reasonably popular broadcaster a career break may have been an option - he seemed to me to be trying to emphasize he was leaving Newstalk - even though few would be surprised if he returned to his old job at some point.


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## munchy

I understand that you must first establish your COMI (that the UK is now your centre of main interest) and should be there for 3-6 months to do this and set up a domicile trail. Then after the bankruptcy is lodged, it takes a year to be discharged, so in total it may take longer than a year from start to finish. If one has income over and above a basic living expense you will be bound by an IPO - income payment order - but I have read that in some cases online the IPO can extend beyond a year, to around 3 years. After much consideration and research, I felt that for us the bankruptcy route is too extreme and am seriously considering a debt settlement arrangement in Ireland instead where the whole debt is discharged after 5 years, without the need for dramatic bankruptcy.  Also, I felt that bankruptcy is a difficult option if you intend to work in the UK - as all bank accounts are closed/frozen and in most cases wages need to paid in cash etc. But it may be more suitable for you to do the UK route as you intend to return to Ireland afterwards


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## Luternau

The thread is about taking a career break to go bankrupt-not the process that must be followed to establish a COMI. There are other theads where establishing that has been covered.


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## munchy

My point was simply that it may not be a year - it could be a year + 3 to 6 months to establish COMI + possibly 2 more years IPO = a lot more than a "one year career break"


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## Luternau

A career break is not limited to one year.  They can be anything from 6 months to 5 years. Nice if you can get one for the required period and be guaranteed to come back to the same or equivalent work and pay.


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## PaddyBloggit

Within Education a career break(s) of up to 10 years can be taken.


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## Bronte

time2 said:


> Hi
> I was also wondering the same thing ,, is it possible for my husband to take a years leave from his public service job to go bankrupt in UK or does he have to quit job fully??? .


 
You'd be well advised to hire an expert to bring you through the procedure.  Your husband should find out if there are any repercussions to his employment status if he becomes bankrupt.


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## Steve Thatcher

Bronte said:


> You'd be well advised to hire an expert to bring you through the procedure.  Your husband should find out if there are any repercussions to his employment status if he becomes bankrupt.



I noticed today the HSE were offering 3 year career breaks and paying £12,000 a year. That offer would fund a move to the UK for the bankruptcy process.
It has real go ahead potential for anyone considering such a move

Steve Thatcher
www.helpwithdebtuk.com


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## time2

Hi Steve,

Does the OR in UK have to be informed that one is on a career break from a job in Ireland when going through the bankruptcy application or can you choose not to say anything about it ? Also, does this make establishing ones COMI somewhat unbelieveable to a judge in the UK if they knew you are returning to a job in Ireland in the future? 
If the bank in Ireland also had this information (that you on a career break to go bankrupt in UK ) could they stop the bankruptcy application in UK.

Thanks for all your great advice


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## Steve Thatcher

time2 said:


> Hi Steve,
> 
> Does the OR in UK have to be informed that one is on a career break from a job in Ireland when going through the bankruptcy application or can you choose not to say anything about it ? Also, does this make establishing ones COMI somewhat unbelieveable to a judge in the UK if they knew you are returning to a job in Ireland in the future?
> If the bank in Ireland also had this information (that you on a career break to go bankrupt in UK ) could they stop the bankruptcy application in UK.
> 
> Thanks for all your great advice



It does ask on the form if you are unemployed what you last did for a job, you do not have to say you are on a break according to the figures.
So take a break come to the UK, get a job of any description and yoru career break never comes up in conversation at all

Steve Thatcher
www.helpwithdebtuk.com


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## Shane Nash

Living in the Middle East currently; Looking to go Bankrupt in Ireland;

Myself, my wife and our children currently live in the Middle East (for the past 18 months). My wife is insolvent after two investment properties were repossessed in Ireland. She cannot partake in the Insolvency Process as she is currently not earning any income (I am currently the sole earner)

Can she apply for Bankruptcy in Ireland?; Although she lives predominantly in the Middle East she is back to Ireland three times a year; Her only Bank account is in Ireland; Her only debts are in Ireland; the family home (in my name only) is not rented and signifies "Home" for the family.

Will she satisfy the COMI criteria and be accepted for bankruptcy in Ireland?


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