London: +44 (0)20 7236 2601
St Albans: +44 (0)1727 869141
Rickmansworth: +44 (0) 1923 771010
Milton Keynes: +44 (0)1908 605552

Real cross-border insolvency problems

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.



Date: 14th September, 2009
Author: Chris Laughton


Articles from this Author

Contact a Partner


A fantastic end to #WBF2019 hosted by @RyallMarketing Nicola Ryall is presenting on ‘LinkedIn Live grow your influe……

Michael Lapham, Director of Financial Planning, delivered his 6-point retirement plan today at The Florist in Watfo……



For the latest Mercer & Hole news, visit our LinkedIn page mercer-&-hole

Click here to follow us on LinkedIn