# Working while bankrupt



## javanaise (28 Feb 2014)

Hi,
I'm in the process of getting started with establishing my COMI. I was wondering if I got a job with a ferry company based in the UK that travels between the two countries, how would this look to a judge? If I was paid by a UK company, had a UK address with bills, etc., and I was in the UK (Wales) for a couple of days a week, would the fact that I travelled regularly between the two countries militate against me in terms of applying for bankruptcy?

Thanks for your help.


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## javanaise (1 Mar 2014)

Anyone any thoughts on this?


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## Steve Thatcher (3 Mar 2014)

javanaise said:


> Hi,
> I'm in the process of getting started with establishing my COMI. I was wondering if I got a job with a ferry company based in the UK that travels between the two countries, how would this look to a judge? If I was paid by a UK company, had a UK address with bills, etc., and I was in the UK (Wales) for a couple of days a week, would the fact that I travelled regularly between the two countries militate against me in terms of applying for bankruptcy?
> 
> Thanks for your help.



The key here is where you return to live after each business trip. Your comi is where you come home to. if you lived say in Holyhead but worked the ferries each day and come back at night or after a trip to Holyhead. Your comi is in Wales.

Steve Thatcher
www.stevethatcher.ie


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## no_moolah (3 Mar 2014)

Hi Steve

I am aware about establishing a COMI over a period of 6 months in the UK however have you ever known any particular courts to make issue of the fact that you weren't in their jurisdiction for the greater part of the 6 months? I note that the wording on the petition states that.

Thanks

NM


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## Steve Thatcher (3 Mar 2014)

no_moolah said:


> Hi Steve
> 
> I am aware about establishing a COMI over a period of 6 months in the UK however have you ever known any particular courts to make issue of the fact that you weren't in their jurisdiction for the greater part of the 6 months? I note that the wording on the petition states that.
> 
> ...



If you weren't in their jurisdiction, you couldn't petition. You have to be in the jurisdiction for the greater part of the last six months

Steve


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## no_moolah (3 Mar 2014)

Steve Thatcher said:


> If you weren't in their jurisdiction, you couldn't petition. You have to be in the jurisdiction for the greater part of the last six months
> 
> Steve


 
So if I was in their jurisdiction for 2 out of the last 6 months and in another part of England for the time prior to that, it is not possible to apply within that jurisdiction?


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## Steve Thatcher (3 Mar 2014)

no_moolah said:


> So if I was in their jurisdiction for 2 out of the last 6 months and in another part of England for the time prior to that, it is not possible to apply within that jurisdiction?



It gets complicated but you may need to go back to the first place.

An example we had a client go through recently. He lived in Oxford for over three months, he then moved to London for two months. he went back to Oxford to get his bankruptcy order

Steve Thatcher
www.stevethatcher.ie


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## no_moolah (3 Mar 2014)

Steve Thatcher said:


> It gets complicated but you may need to go back to the first place.
> 
> An example we had a client go through recently. He lived in Oxford for over three months, he then moved to London for two months. he went back to Oxford to get his bankruptcy order
> 
> ...


 
Thanks Steve - it appears that I was not advised properly on this at all. I really should have gone with your services but unfortunately all fees have been paid at this stage. 

Much appreciated.


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## javanaise (4 Mar 2014)

Steve Thatcher said:


> The key here is where you return to live after each business trip. Your comi is where you come home to. if you lived say in Holyhead but worked the ferries each day and come back at night or after a trip to Holyhead. Your comi is in Wales.
> 
> Steve Thatcher
> www.stevethatcher.ie



Thanks, Steve. So what would be situation be if you ended up spending the odd night in Ireland due to ferry arrivals, etc? is that classed as a business trip? I would plan to have a place in Holyhead where I paid rent, had a rental agreement, utility bills, etc. But through work I would end up in Ireland occasionally. I guess this might be seen as suspicious?


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## Steve Thatcher (5 Mar 2014)

javanaise said:


> Thanks, Steve. So what would be situation be if you ended up spending the odd night in Ireland due to ferry arrivals, etc? is that classed as a business trip? I would plan to have a place in Holyhead where I paid rent, had a rental agreement, utility bills, etc. But through work I would end up in Ireland occasionally. I guess this might be seen as suspicious?




Ask yourself where you usually live. You are establishing your habitual residence in another country what would you expect to do to achieve that. If you had to spend a night elsewhere does it alter your comi? How often would you do it. Ask yourself these questions and then think does that mean I live somewhere else.

I take people thru a process, everybody is different. The things they do are different and the way they approach this journey differs.

Sometimes tho you have to trust your own instincts. There is not a clear cut answer to every single scenario

Steve Thatcher
www.stevethatcher.ie


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