Is it the same process going bankrupt in northern Ireland as in England ?

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michaelg

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Is it the same process going bankrupt in northern Ireland as in England ?

I'm considering going this route. I'm self employed, work about 2 to 3 days a week and but all my work is in the Republic, albeit around the border area.

I'm guessing if I were to go bankrupt in the North I couldn't keep working in the south ?

Im looking for a little preliminary advice on going bankrupt in Northern Ireland.


I currently live in the Republic, border area.
I have 2 properties in negative equity,
Im self employed and work approx 2 days a week in the south.

I have sister and relatives just over the border in the north and am thinking of moving there as she has offered me cheap rent etc etc.

If I move north would it be possible for me to continue to work self employed in the south? or would I have to cease working there and look for work in the North.

thanks for any help
 
The bankruptcy process in Northern Ireland is broadly similar to Scotland, England & Wales, given that it is based on the Insolvency Act 1986 and the Enterprise Act 2002. However, there are subtle differances in procedures and costs. For example, the court costs for self adjudicating bankruptcy in Scotland are only £200, but €640 in Northern Ireland.

Of the three differant jurisdictions, Northern Ireland is the most rigorous in its examination of ROI individuals, with a detailed review of bank statements to identify locations of ATM withdrawels etc so that the court is satisfied that individuals have actually moved to Nothern Ireland.

if you are self employed, you could incorporate a company in Northern Ireland that could then employ you to carry out work, including work in the ROI. Having said that, you should first try and do a deal with your lending institutions.

Jim Stafford
 
Jim has posted interesting information on bankruptcy there - how important it is not to continue using your Irish bank account - should be added to the key post on bankruptcy.
 
Michaelg

An interesting technical point on bankruptcy in the UK is raised by your question.

'where can you work outside of the UK and yet still have your comi in the UK'

The Official receiver's handbook makes it clear that your COMI (centre of main interest) is where you live and work. That will obviously be the case for 99.9% of people going bankrupt.
But it also provides that your comi can be in one country and you work in another. BUT only if that work is on a PAYE basis. If you work in another country on a self employed basis, your COMI is where you work.
So in your case, even if you lived in the North, the fact that you worked in the South self employed would put your COMI in the South. Hence Jim's suggestion of incorporating a company to employ you.
Be careful here tho as you cannot be a company director when bankrupt, so someone else may need to control that company.
Also the OR does look at convenient set ups for work arrangements, and so it may not be as straight forward as it seems.

Steve Thatcher
www.debtoptions.ie
 
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