Solicitors for You

UK Bankruptcy

We have teamed up with our UK sister office and have launched a new fixed fee service in relation to Irish Nationals wishing to relocate to England to present a Bankruptcy Petition. 

We have a proven track record in this area.

Due to the strict bankruptcy regime in Ireland, nationals look to England and Wales’ bankruptcy process as a solution to their debt problems. This is sometimes referred to in the press as ‘Bankruptcy Tourism’ or ‘Forum shopping’.

The fixed will include the following:

  • Fact find meeting in Dublin, Manchester or London.
  • Debt Advice – we will assess your debt/financial circumstance and advise accordingly. This may result in us advising the best course of action is to present a Bankruptcy Petition.
  • Legal Advice – EC Regulation on Insolvency Proceedings 2002 (the Regulation) – any EU National (apart from Denmark) is permitted to bring a Bankruptcy Petition in the Country where the debtors centre of main interest is situated. Crucially, the law allows an EU National to travel to another EU state for the sole purpose of bringing a Bankruptcy Petition. The County Court in England and Wales where the Petition is presented has to consider whether the debtor has a centre of main interest in that jurisdiction. The main factors to be considered are length of stay, whether the debtor has a job, home or tenancy agreement in England or Wales.
  • Our solicitors will advise you on the UK law and how it may effect a Bankruptcy Petition presented in the UK by a National of Ireland.
  • The Bankruptcy procedure – we will advise and assist in relation to the practicalities of bringing a Bankruptcy Petition in the UK. We will advise about which Court the petition should be presented at.
  • We will book the Court hearing for you and advise you about the hearing itself and its implications. We will represent you at the court hearing.
  • Advice on post Bankruptcy matters – we will advise you on the interview with the Official Receiver and advise and negotiate on any matters the Official Receiver brings to your attention.
  • We are here to answer your queries and concerns. We will take any amount of telephone calls/emails from you to ensure the procedure flows smoothly and to ensure you have all the information/advice required. We will also be happy to meet you throughout the process.

Very few people are made bankrupt in Ireland each year due to the complicated process and draconian penalties. 

However, thousands of people are made bankrupt in the UK each month and therefore the system itself is far more streamline and experienced. Therefore, although the new Irish law is progressive, it may take some years for it to be as effective and beneficial to debtors as the UK law.