Real cross-border insolvency problems
Date: Monday 14th September, 2009
Author: Chris Laughton
Profile: Chris Laughton
Answers to blog readers' enquiries about real life situations may be helpful to others with similar difficulties - here are some on cross-border issues.
Q: I am a German GP and currently working in UK. I have a bankruptcy order from 7 months ago. Can I go back to Germany to work there before my discharge of bankruptcy ?
A: Yes, but it would be sensible to make sure the Official Receiver knows when you are going and how to contact you in Germany, to ensure there is no delay in obtaining your discharge.
Q: I made an advance payment to a British tradesman living in France who died before any work was done. The payment was made in France for work to be done on a house in France. Immediately following his death, his widow (and presumably his executrix) returned to the UK, placing their french house up for sale. As I am a UK resident and the widow now also resides in the UK I have written to her advising that I am a creditor of the estate and requesting repayment. As she is not cooperating can I now pursue this matter via the County Court?
A: This is not strictly an insolvency question and you should take legal advice rather than relying on this type of general discussion of the issues. However, if you did need to pursue the deceased's estate into formal insolvency, it seems likely that its centre of main interests would be in the UK and that you could ultimately, if appropriate, petition the court in the UK to have it wound up.
Other readers' comments on these questions and answers are of course welcome.
Keywords: German bankruptcy 'Official Receiver' France executrix creditor estate court
Please note that the opinions expressed in this blog represent the views of the author and not the views of Mercer & Hole.