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tdlawyer, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 1096
Experience:  Lawyer with 11 years experience in bankruptcy related issues.
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Hi I am a health care professional. In 2007 I bought a practice

Resolved Question:

I am a health care professional. In 2007 I bought a practice together with my wife who is a health care profesional too. At the same time our five years old son died and we lost motivation and energy. We were always struggling with the business where we worked together. After different personal and couple therapies we divorced in 2011 and she left the country. (She is not British. I am British but I was born abroad.)
Later I was suffering from severe depression and I had to close the practice. I worked for another practice but later I had to stop working completely when I had a road accident last year.
On the business there is a loan what I was not able to pay and some other debts for suppliers etc. I visited the local CAB for advice and after discussing my circumstances, I was told to wait until someone makes me bankrupt but it has not happened yet.
In the meantime, I left the country and am trying to recover abroad. My intention is to return to work later.
Finally, one company decided to make me bankrupt. Their letters have never reached me but this week I got an email:

"We refer to the above matter and note with extreme concern that the above balance still remains outstanding despite our repeated requests for settlement.
Take Note: No further stalling tactics will be tolerated. Our client has today returned all the legal paperwork in preparation for legal action against you.
Accordingly, and in line with The Civil Procedure Rules, we are required to give you formal
warning prior to the issue of A Statutory Demand for your PERSONAL BANKRUPTCY. Legal
proceedings will be served at your home address and the advert will go in your local paper which we are sure you would want to avoid.
You have until 10.00am on 20 June 2014 in which to remit payment in full the sum of £3,873.94 to this office, payable to ourselves. Alternatively payment can be made by BACS to the following account:-
Failure to comply with the above will result in legal action forthwith and the order being served at your home address. If you are unsure of your position we suggest you contact a solicitor immediately.
We trust this will not be necessary.
Yours faithfully,
Pre-Litigation Department"

Basically, I would like to get bankrupt but I cannot afford it. I do not have any asset.
Basic ssituation:
- I have lots of debt
- I cannot pay
- I am abroad
- I want to go back to the UK later when I have recovered
- The letters from the solicitors have never reached me
- I want to get bankrupt
My question:
Can they make me bankrupt in my absence?
If yes, how will I know that I have got bankrupt? What should I do regarding the trusty? (I think I would be bankrupt for a year. Does it apply if they could not contact me?) What would be the flow of my bankruptcy? How could I make sure that they would make me bankrupt?
If not, what should I do to make them possible to make me bankrupt?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Nicola-mod replied 2 years ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 2 years ago.

Hi, I would like to get an answer, please. Many thanks.

Expert:  Nicola-mod replied 2 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Expert:  tdlawyer replied 2 years ago.

Hello, many thanks to your question. My name is ***** ***** for the delay in anybody answering your question.
In answer to your question, you can be made bankrupt in your absence but it is more difficult for accredited to do. The reason for this is down to service of the paperwork. The court needs to be satisfied the reasonable efforts have been made to serve you. Eventually, the court can give permission to service by things like Facebook, or LinkedIn. However, you could short-circuit that approach, and informed them that he would accept service via some other method, preferably via an address in Engand. The best way to do this is to instruct a solicitor to accept service for you. That way they could proceed without having the delay of any further applications to the court being made. If you instruct the solicitor not to do anything other than forward you the paperwork, I'd imagine his costs would be very nominal.

Normally, bankruptcy last one year. However, where the bankrupt has not assisted the trustee or the official receiver in administering the bankruptcy, that period can be extended. Way to address this, is to assure you do comply, although you would not physically have to be in the jurisdiction to do that. Jst ensuring

that the petitioning creditor has you contact details and that you will engage with them later should be sufficient.


Customer: replied 2 years ago.

Dear *****

Many thanks for your answer. I would like to clarify some questions. So the bankruptcy is more likely if I am available on a postal address.

- Whon should I give the address? Should I send it to the collector?

- Can it be the postal address of one of my friends?

- If it is a solicitor or friend can I withdraw their mandate?

- Is it suffiicient from my part to send paperwork to the court? Do I have to explain that I am temporary with my family?

- What does it mean that the bankrupt has to "assist" the trustee? Especially, if I am abrod.

- How long can they extend the bankruptcy period?

- "Jst ensuring that the petitioning creditor has you contact details and that you will engage with them later should be sufficient." - Is this sufficient right now to let them roll the case? Or later during bankruptcy to show compliance?

- Would you accept service for me? Just to forward me paperwork online? What would be the fee? If not, could you recommend me whom and how to approach?

Many thanks.

Expert:  tdlawyer replied 2 years ago.

Hi, in answer to your questions:

1. Yes, address to the collector.

2. It needs to a lawyer or a place you're residing in the jurisdiction.

3. You dont have to liaise with the court if you don't want to.

4. To assist the trustee means to cooperate with him in respect of the provision of information. It doesn't mean you have to travel to the UK to meet with him.

5. Bankruptcy can be extended by order of the court, usually to 3 years, but this is very rare.

6. Yes, this should be sufficient.

7. We can't do that I'm afraid as we're only providing information on this site. You would need to instruct a practising solicitor in England or Wales.

Hope this clarifies things for you.



Customer: replied 2 years ago.

Dear *****

Many thanks for your answer. I have called some offices but no one wants to be a "Postal Box" to forward paperwork. It is not really useful in this form. How should I approach them? Many thanks

Expert:  tdlawyer replied 2 years ago.

It's best not to sell it to them as being a post-box, nobody wants to think they're just a mail-man when they hold a degree!

You should consider asking them to provide limited advice and act for you.


tdlawyer, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 1096
Experience: Lawyer with 11 years experience in bankruptcy related issues.
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