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Bankruptcy Abroad

Making yourself bankrupt in England if you live abroad

If you live in an EU member state, except Denmark, then you will able to declare yourself bankrupt in the country where your main interests are based. If this is the UK then you can apply for bankruptcy there in person at an English or Welsh Court. However, you can only do this within the first three years’ after you have moved abroad. When declaring yourself bankrupt you must present your petition in person or via a solicitor. Should you ask someone to act on your behalf then you will most likely need to grant them power of attorney.

It is possible that your bankruptcy may not be fully recognised in the country that you are now living in and your creditors may still be able to take action against.

Will bankruptcy affect my assets abroad?

A bankruptcy order will affect your assets abroad, but this will all depend upon where they are and if you have at some point had a business in another EU state. If you have any assets in Denmark or non EU countries then these will be part of your bankruptcy estate in the UK.

Do debts owed to foreign creditors fall into my bankruptcy?

Any creditors that you have, no matter where they are, will be able to claim in your UK bankruptcy. A foreign creditor will not be prevented from recovering debts against you in their own country.

Does a foreign bankruptcy order have any effect in England and Wales?

The effect of a foreign bankruptcy order will depend upon the country in which you are experiencing bankruptcy proceedings. If your centre of main interests is in another member of the EU, but not Denmark, then the trustee will have authority to deal with all assets within the EU. With regards to any bankruptcy restrictions, these are dependent upon foreign legislation that governs the bankruptcy.

It is worth noting that any debts that you have in the UK will remain on your credit reference file for six years after the last activity on the account. Any bankruptcy orders will also be on your file for six years or sometimes longer.