Bankruptcy

redders_61 wrote:

this is a "just in case" question. does anyone know anything about personal bankruptcy in malta? apparently as I have been out of the UK and live in the EU I cant apply for bankruptcy in the UK, I have to do it in malta should I wish to go down that route. anyone know how to here or the effects on you here? thanks in advance for any info

you can't declare yourself bankrupt in England or Wales if you live somewhere else in the EU, or in Scotland or Northern Ireland.
That is correct
http://www.bankruptcyfromabroad.co.uk/u … urope.html this link provides some information on  what you need to do

I would say your best of thinking is it worth it depending on how much debt you owe, whether those debts are statute barred ,the affect of such debts on your life in malta or your subsequent return to the uk.

i would perhaps also suggest you seek some proper legal advice

robpw2 wrote:

redders_61 wrote:

this is a "just in case" question. does anyone know anything about personal bankruptcy in malta? apparently as I have been out of the UK and live in the EU I cant apply for bankruptcy in the UK, I have to do it in malta should I wish to go down that route. anyone know how to here or the effects on you here? thanks in advance for any info

you can't declare yourself bankrupt in England or Wales if you live somewhere else in the EU, or in Scotland or Northern Ireland.
That is correct
http://www.bankruptcyfromabroad.co.uk/u … urope.html this link provides some information on  what you need to do

I would say your best of thinking is it worth it depending on how much debt you owe, whether those debts are statute barred ,the affect of such debts on your life in malta or your subsequent return to the uk.

i would perhaps also suggest you seek some proper legal advice

thanks for that much more detailed than what I read. my issue will be if they go for an attachement of earnings order against my pension..but reading that sod going back to uk to do it. I would not tell the receiver diddly squat about going back to malta or discuss it with them. so it would have to be over here. if they go down the AEO route I may have to do it here if its feasible. as for what debts lets say around 25k to about 6 different creditors. 2 have gone for a CCJ even tho all letters have been returned as "no longer in the UK" one ccj is over a year old so they aren't chasing up, but new one is for over 5k so they have access to the AEO process.  thanks bro

redders_61 wrote:

robpw2 wrote:

redders_61 wrote:

this is a "just in case" question. does anyone know anything about personal bankruptcy in malta? apparently as I have been out of the UK and live in the EU I cant apply for bankruptcy in the UK, I have to do it in malta should I wish to go down that route. anyone know how to here or the effects on you here? thanks in advance for any info

you can't declare yourself bankrupt in England or Wales if you live somewhere else in the EU, or in Scotland or Northern Ireland.
That is correct
http://www.bankruptcyfromabroad.co.uk/u … urope.html this link provides some information on  what you need to do

I would say your best of thinking is it worth it depending on how much debt you owe, whether those debts are statute barred ,the affect of such debts on your life in malta or your subsequent return to the uk.

i would perhaps also suggest you seek some proper legal advice

thanks for that much more detailed than what I read. my issue will be if they go for an attachement of earnings order against my pension..but reading that sod going back to uk to do it. I would not tell the receiver diddly squat about going back to malta or discuss it with them. so it would have to be over here. if they go down the AEO route I may have to do it here if its feasible. as for what debts lets say around 25k to about 6 different creditors. 2 have gone for a CCJ even tho all letters have been returned as "no longer in the UK" one ccj is over a year old so they aren't chasing up, but new one is for over 5k so they have access to the AEO process. having said all that I don't know how they can go for an AEO without examing my means in court (N64) and they cant summons me as they have no jurisdiction in Malta.  thanks bro

Kind of similar - leaving the US gets me out of paying  $40,000 in student loans I don't have to declare my husband's income because he's not a US citizen, and my income is low enough to not have to pay. 
Hopefully you find a nice solution for bankruptcy!  I had to file in the US for over $100,000 in medical bills for 2 DAYS in hospital!   I'm looking forward to affordable healthcare and college education for my kids!  What is the statute of limitations on debt in UK?

Also- my husband had a lot of debt in UK and hired a company (I think £100 month), they disputed all of the debts, which got rid of about half of them because they couldn't actually prove he owed them.  The rest went on low monthly payments - less than £100 month

Jasminej wrote:

Kind of similar - leaving the US gets me out of paying  $40,000 in student loans I don't have to declare my husband's income because he's not a US citizen, and my income is low enough to not have to pay. 
Hopefully you find a nice solution for bankruptcy!  I had to file in the US for over $100,000 in medical bills for 2 DAYS in hospital!   I'm looking forward to affordable healthcare and college education for my kids!  What is the statute of limitations on debt in UK?

If a lender allows 6 years to pass without receiving any payment an action for recovery may become barred.

That's what happened with the stuff my husband disputed- either it was too old or they could not produce the original paperwork with his signature on it.

yes the produce a signature and paperwork (debts sold) is all fine for an EPO, I would dispute. I was paying before I moved and paid off the CCJ I had in existence before I moved. I could in theory have the judgements set aside as I wasn't a uk resident when CCJ was done. however judge unlikely to agree as I didn't give them a forwarding address. I have done a lot of research, before and since I moved. it is what I means in malta if I have to apply in malta I was referring too. none of mine are statute barred and I was paying so I cant go for the 6 year thing in 2021 as I understand things.

its just the AEO thing that bothers me (till 2016)

Jasminej wrote:

Kind of similar - leaving the US gets me out of paying  $40,000 in student loans I don't have to declare my husband's income because he's not a US citizen, and my income is low enough to not have to pay. 
Hopefully you find a nice solution for bankruptcy!  I had to file in the US for over $100,000 in medical bills for 2 DAYS in hospital!   I'm looking forward to affordable healthcare and college education for my kids!  What is the statute of limitations on debt in UK?

nice one yep. that's why I moved too didn't realise as I was in eu I couldn't apply from abroad (silly boy) I have also read via google that some in malta have also done it to kill off medical bills

I know in the US they can't go after a pension though (below a certain amount anyways). I think anything below minimum wage they can't touch. There's no UK law like that?  Aren't attorneys in Malta pretty cheap?  Maybe you can do something from malta? And yeah paying on a debt always resets the time limit on it I think and can't dispute once you have paid.
  I'm selling my house and everything else before leaving the US so they can't ever come back on me for anything.  Student loans NEVER go away!  No time limit.

Jasminej wrote:

I know in the US they can't go after a pension though (below a certain amount anyways). I think anything below minimum wage they can't touch. There's no UK law like that?  Aren't attorneys in Malta pretty cheap?  Maybe you can do something from malta? And yeah paying on a debt always resets the time limit on it I think and can't dispute once you have paid.
  I'm selling my house and everything else before leaving the US so they can't ever come back on me for anything.  Student loans NEVER go away!  No time limit.

yep that's what I did sell up and move. rang my CCJ from here and paid it off lol (got a 25% discount too) the guidelines for an attachment of earnings order are they have to leave you above subsistence levels (welfare benefit level) but its only a guideline.

they are supposed to examine your means in court before issuing an attachement order but if the creditor knows who your "employer" is (company pensions included in that) they can apply anyway.

we brits don't have constitutional rights lol

Hello Jasemin

I'm just wondering what's the name of the company in the UK that your husband used to dispute the debt? It might come in handy for me...thanks