I have being taking people through the bankruptcy process here in England and Wales for nearly 20 years. The process is now very streamlined and I have relationships across the country with court clerks that helps make the whole experience as painless as it can be for the individual going bankrupt.


I have also for three years now been helping those from Eire follow the same route. It is clear even from cursory reading that going bankrupt to get rid of your debt is simply not an option. It is a 3 year process, but with a sting in the tail in that you could be asked to pay income into an arrangement for up to five years after your discharge.
Here in England a person is generally automatically discharged from bankruptcy after 12 months. Additionally it is also the right of any EU citizen to apply for bankruptcy in any other EU member state. In order to do that there is a test which is applied. A person must show that their centre of main interest is within the state where they are declaring bankruptcy even if their debts may be incurred elsewhere in Europe.

I have written before about establishing this centre of main interest (COMI). Senior UK Judges have made it clear that it doesn’t matter that you settle here for the reason of going bankrupt. It only matters that at the time your petition is filed your centre of interest is genuinely here.

Essentially that means that you have somewhere genuine to live, and that you either are working here or are looking for work, and hence you will also need a National Insurance number. To work or get benefits you will need a bank account. All this takes time and commitment. Consider the alternatives. A few months living in another country to wipe of all your debt, or a lifetime with that debt.

I am now in an arrangement with a company that helps relocate those seeking to establish their COMI in England.

Establishing your COMI is not as hard as you may have read on the internet. If you are determined to wipe off your debt and start again, you must take appropriate advice. Why not start today. I look forward to taking your free call.