Hi


Unless I'm misinformed, differing EU countries have different periods
of time it takes for a bankrupt person to be discharged. What
therefore happens if a Dutch person, which country has a 3 year
period, moves abroad to the UK and declares bankruptcy here instead?
Presumably under UK law they are discharged much sooner. If they then
go home:
1. are they treated as already bankrupt, or is the UK procedure deemed
irrelevant back home, leaving them still liable for all debts
2. Do they have to wait out the remaining years back home before being
discharged
3. Or are they fully discharged when they return home in under 3 yrs?


NT (ianal)

wrote:
Hi


Unless I'm misinformed, differing EU countries have different periods
of time it takes for a bankrupt person to be discharged. What
therefore happens if a Dutch person, which country has a 3 year
period, moves abroad to the UK and declares bankruptcy here instead?
Presumably under UK law they are discharged much sooner. If they then
go home:
1. are they treated as already bankrupt, or is the UK procedure deemed
irrelevant back home, leaving them still liable for all debts
2. Do they have to wait out the remaining years back home before being
discharged
3. Or are they fully discharged when they return home in under 3 yrs?


NT (ianal)

Complete guesswork, but I would assume any Dutch debts would not be
considered by the British bankrupcy unless the Dutch creditor
specifically asked for them to to be included.
So if the debtor goes home he will still get collared for the debt under
Dutch law.

wrote in message
...
Hi


Unless I'm misinformed, differing EU countries have different periods
of time it takes for a bankrupt person to be discharged. What
therefore happens if a Dutch person, which country has a 3 year
period, moves abroad to the UK and declares bankruptcy here instead?
Presumably under UK law they are discharged much sooner. If they then
go home:
1. are they treated as already bankrupt, or is the UK procedure deemed
irrelevant back home, leaving them still liable for all debts
2. Do they have to wait out the remaining years back home before being
discharged
3. Or are they fully discharged when they return home in under 3 yrs?


NT (ianal)


How could a Dutch person who's debts are in Holland be declared bankrupt in
UK?

wrote:

Hi


Unless I'm misinformed, differing EU countries have different periods
of time it takes for a bankrupt person to be discharged. What
therefore happens if a Dutch person, which country has a 3 year
period, moves abroad to the UK and declares bankruptcy here instead?
Presumably under UK law they are discharged much sooner. If they then
go home:
1. are they treated as already bankrupt, or is the UK procedure deemed
irrelevant back home, leaving them still liable for all debts
2. Do they have to wait out the remaining years back home before being
discharged
3. Or are they fully discharged when they return home in under 3 yrs?

The UK bankruptcy is effective in Holland, and they would be discharged in
Holland in accordance with UK rules.

Jonathan Bryce wrote:
wrote:

Hi


Unless I'm misinformed, differing EU countries have different periods
of time it takes for a bankrupt person to be discharged. What
therefore happens if a Dutch person, which country has a 3 year
period, moves abroad to the UK and declares bankruptcy here instead?
Presumably under UK law they are discharged much sooner. If they then
go home:
1. are they treated as already bankrupt, or is the UK procedure deemed
irrelevant back home, leaving them still liable for all debts
2. Do they have to wait out the remaining years back home before being
discharged
3. Or are they fully discharged when they return home in under 3 yrs?

The UK bankruptcy is effective in Holland, and they would be discharged in
Holland in accordance with UK rules.

Thanks for the feedback folks. I guess they'll want to go see a
lawyer about this one now, check out the implications.


NT

Jonathan Bryce wrote:
wrote:

Hi


Unless I'm misinformed, differing EU countries have different periods
of time it takes for a bankrupt person to be discharged. What
therefore happens if a Dutch person, which country has a 3 year
period, moves abroad to the UK and declares bankruptcy here instead?
Presumably under UK law they are discharged much sooner. If they then
go home:
1. are they treated as already bankrupt, or is the UK procedure deemed
irrelevant back home, leaving them still liable for all debts
2. Do they have to wait out the remaining years back home before being
discharged
3. Or are they fully discharged when they return home in under 3 yrs?

The UK bankruptcy is effective in Holland, and they would be discharged in
Holland in accordance with UK rules.


For UK debts only.

OP states that someone with Dutch debts would claim bankruptcy in
England. That is not going to happen for Dutch debts.

Dutch Law applies on Dutch debt, so any England court would not be able
to take this case on.

By Dutch Bankruptcy legislation he is not even allowed to leave the
country without written permission of the presiding Judge.

BTW it takes a maximum of three years for WSNP (Dutch version of IVA),
However when a bankruptcy dissolves after a year without payout original
creditors by law are allowed to pursue their debtor which is probably
the main reason why someone suggested by OP would be very interested in
another then Dutch Court handling this matter.

Jay5588

Jay wrote:
Jonathan Bryce wrote:
wrote:

Hi


Unless I'm misinformed, differing EU countries have different periods
of time it takes for a bankrupt person to be discharged. What
therefore happens if a Dutch person, which country has a 3 year
period, moves abroad to the UK and declares bankruptcy here instead?
Presumably under UK law they are discharged much sooner. If they then
go home:
1. are they treated as already bankrupt, or is the UK procedure deemed
irrelevant back home, leaving them still liable for all debts
2. Do they have to wait out the remaining years back home before being
discharged
3. Or are they fully discharged when they return home in under 3 yrs?

The UK bankruptcy is effective in Holland, and they would be discharged in
Holland in accordance with UK rules.


For UK debts only.

OP states that someone with Dutch debts would claim bankruptcy in
England. That is not going to happen for Dutch debts.

Dutch Law applies on Dutch debt, so any England court would not be able
to take this case on.

By Dutch Bankruptcy legislation he is not even allowed to leave the
country without written permission of the presiding Judge.

BTW it takes a maximum of three years for WSNP (Dutch version of IVA),
However when a bankruptcy dissolves after a year without payout original
creditors by law are allowed to pursue their debtor which is probably
the main reason why someone suggested by OP would be very interested in
another then Dutch Court handling this matter.

Jay5588


Thank you Jay.

I presume people are free to leave the country before bankruptcy.
So if the debt could be transferred to a UK creditor it would work,
if
not it wont.


NT

wrote:
Jay wrote:
Jonathan Bryce wrote:
wrote:

Hi


Unless I'm misinformed, differing EU countries have different periods
of time it takes for a bankrupt person to be discharged. What
therefore happens if a Dutch person, which country has a 3 year
period, moves abroad to the UK and declares bankruptcy here instead?
Presumably under UK law they are discharged much sooner. If they then
go home:
1. are they treated as already bankrupt, or is the UK procedure deemed
irrelevant back home, leaving them still liable for all debts
2. Do they have to wait out the remaining years back home before being
discharged
3. Or are they fully discharged when they return home in under 3 yrs?
The UK bankruptcy is effective in Holland, and they would be discharged in
Holland in accordance with UK rules.

For UK debts only.

OP states that someone with Dutch debts would claim bankruptcy in
England. That is not going to happen for Dutch debts.

Dutch Law applies on Dutch debt, so any England court would not be able
to take this case on.

By Dutch Bankruptcy legislation he is not even allowed to leave the
country without written permission of the presiding Judge.

BTW it takes a maximum of three years for WSNP (Dutch version of IVA),
However when a bankruptcy dissolves after a year without payout original
creditors by law are allowed to pursue their debtor which is probably
the main reason why someone suggested by OP would be very interested in
another then Dutch Court handling this matter.

Jay5588


Thank you Jay.

I presume people are free to leave the country before bankruptcy.
So if the debt could be transferred to a UK creditor it would work,
if
not it wont.


NT


Yes, until bankrupt you are free to leave the country.

Only way this would be possible if you already have a UK lender lined up
who will pay into your UK bank account so you can pay your Dutch
creditors. If you got property in your name it "might" happen.

Jay5588

Jay wrote:
wrote:
Jay wrote:
Jonathan Bryce wrote:
wrote:

Hi


Unless I'm misinformed, differing EU countries have different periods
of time it takes for a bankrupt person to be discharged. What
therefore happens if a Dutch person, which country has a 3 year
period, moves abroad to the UK and declares bankruptcy here instead?
Presumably under UK law they are discharged much sooner. If they then
go home:
1. are they treated as already bankrupt, or is the UK procedure deemed
irrelevant back home, leaving them still liable for all debts
2. Do they have to wait out the remaining years back home before being
discharged
3. Or are they fully discharged when they return home in under 3 yrs?
The UK bankruptcy is effective in Holland, and they would be discharged in
Holland in accordance with UK rules.

For UK debts only.

OP states that someone with Dutch debts would claim bankruptcy in
England. That is not going to happen for Dutch debts.

Dutch Law applies on Dutch debt, so any England court would not be able
to take this case on.

By Dutch Bankruptcy legislation he is not even allowed to leave the
country without written permission of the presiding Judge.

BTW it takes a maximum of three years for WSNP (Dutch version of IVA),
However when a bankruptcy dissolves after a year without payout original
creditors by law are allowed to pursue their debtor which is probably
the main reason why someone suggested by OP would be very interested in
another then Dutch Court handling this matter.

Jay5588


Thank you Jay.

I presume people are free to leave the country before bankruptcy.
So if the debt could be transferred to a UK creditor it would work,
if
not it wont.


NT


Yes, until bankrupt you are free to leave the country.

Only way this would be possible if you already have a UK lender lined up
who will pay into your UK bank account so you can pay your Dutch
creditors.

yes, I wondered about that, but what lender would lend to someone
in no position to repay? And therefore about to go bankrupt.


If you got property in your name it "might" happen.

Jay5588

This isnt for me thankfully But no, there's no assets. So I dont
see moving the debt to the UK working.


NT

On Mar 4, 6:25*am, wrote:

yes, I wondered about that, but what lender would lend to someone
in no position to repay? And therefore about to go bankrupt.

We are not told the ammount of the bankruptcy, and by the look of
things, we are assuming large amounts are involved, possibly including
property, the scenario may well be that the OP has several dutch
credit cards which he/she can no longer service plus even an unsecured
small bank loan which is not performing.

Easy enough to package the lot and go bankrupt....and it all stays in
Holland

Or just as easy to go to the UK and do it all again, pay out the dutch
problem, bankrupt in the UK and return home to Holland