# Bankrupt up North and work in the South?



## newlife (30 Apr 2013)

Hi,
I posted some questions way back here, on going bankrupt.
Unfortunately, a year later and I am still deliberating....yea, sad I know.
One main factor is I have a good job here that I would love to keep. Is it possible to move up North but to still work in the South? 
Also, after Bankruptcy, how long would it take before (if at all) that I could re apply for a loan/mortgage? Obviously, my credit rating at the moment is not that wonderful anyhow.


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## newlife (4 May 2013)

Hi, I looked some stuff up and see that my credit rating will be affected for six years, is this correct?
Also, I am guessing that working in the South might be a red alert for the Judge, but if I was a Consultant, instead of a PAYE worker, would that be different?
Would love any advice! Thanks....


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## Jim2007 (4 May 2013)

newlife said:


> One main factor is I have a good job here that I would love to keep. Is it possible to move up North but to still work in the South?



Among the basic criteria for eligibility to be declared bankrupt in NI is the requirement that NI is your centre of economic activity, if you are still employed in the ROI and it is your main source of income then that is not going to fly, since very clearly you are a bankruptcy tourist.


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## Jim2007 (4 May 2013)

newlife said:


> Hi, I looked some stuff up and see that my credit rating will be affected for six years, is this correct?
> Also, I am guessing that working in the South might be a red alert for the Judge, but if I was a Consultant, instead of a PAYE worker, would that be different?
> Would love any advice! Thanks....



It a question of fact, your economic centre of activity is NI or not.  The fact that your income comes from the ROI, regardless of the payment method, means that you are not truly based in the NI.


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## Steve Thatcher (8 May 2013)

Jim2007 said:


> It a question of fact, your economic centre of activity is NI or not.  The fact that your income comes from the ROI, regardless of the payment method, means that you are not truly based in the NI.



Hi Jim, that is not correct. You have to habitually resident. Whilst that may mean economically that is not all there is to it.
The official receiver's guidance says that you can be a paye employee in one jurisdiction, and live in another and your COMI would be in the place you live. If you were self employed it would be where you worked, so in the case of doing all your self employed work in the south, an Official receiver would say you were in the South.

I have run exactly this argument with Justice Kelly in Belfast and the client who lived in the North and worked in the South got her bankruptcy order. She is progressing nicely and I think may even soon be moving back down south. All with the OK of the OR

Steve Thatcher
www.helpwithdebtuk.com


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## newlife (8 May 2013)

Hi Steve,
So just to clarify, what your saying is one can live in the North and work as a PAYE worker in the South and it wont affect Bankruptcy? 
But it would not be allowed if you were self employed and making your living in the South? is that correct? 
Thanks in advance for your help Steve.


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## Steve Thatcher (21 May 2013)

newlife said:


> Hi Steve,
> So just to clarify, what your saying is one can live in the North and work as a PAYE worker in the South and it wont affect Bankruptcy?
> But it would not be allowed if you were self employed and making your living in the South? is that correct?
> Thanks in advance for your help Steve.



Exactly


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