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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My husband is originally from New Zealand, where he has a debt

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My husband is originally from New Zealand, where he has a debt (huge and for which the repayments are not financially possible for him / us to make). He is intending to declare himself bankrupt in New Zealand, from over here in the UK.
Are you able to advise what impact this might have on his credit rating whilst living here? Is there anything else we should be aware of, any other impacts or issues, with him becoming bankrupt overseas?
There is a property owned between the two of us and my mother has an invested interest (Declaration of Trust with backing documents confirm). If the Official Assignee in New Zealand is unable to sell his share of the property to myself or my mother, can we be forced to sell the flat? I have been told that alternatively, the Official Assignee could decide to 'forfeit', or disclaim his share in the flat, which I believe means that this share is handed to the New Zealand Government. Is this scenario of 'forfeiture' recognised in law here in the UK? Would this action be possible?
Thank you in advance for your help, information and advice.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
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!
Nicola
Customer: replied 1 year ago.
Hi Nicola,
I'm happy to wait a bit longer, for the most appropriate person, to answer my questions.
Please keep me informed of the situation.
Kind regards,
Allinda
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Are there no lawyers / solicitors on board with Just Answer, who have knowledge and experience of bankruptcy and UK law? I am prepared to wait a little longer, but am surprised. If you don't believe you'll be able to find someone, please let me know and I will look at other avenues for answers to my questions.
Thank you
Expert:  Nicola-mod replied 1 year ago.
Hello,
I'm honestly not sure - it may be that this question is complicated by possible reference to New Zealand law.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Hello again,Thank you for continuing to try and find someone. I did see that one of the subject area selections you could make was 'New Zealand Law'. I think I chose bankruptcy or debt. Would it make any difference to change the subject area to that? If so, please go ahead.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Just to be clear any debts outside the UK have no bearing whatsoever on a credit rating INSIDE the UK.Its also very likely any debts outside the EU can NOT be enforced inside the UK.New Zealand debts can NOT be enforced in the UKCan I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Hi Alex,Thank you for responding to my questions - appreciate it. Before contacting Just Answer, I had briefly spoken with the Citizens Advice about this situation - the person I spoke with said that there are reciprocal agreements in place between NZ and the UK with regards ***** ***** enforcement. Is that correct, but in what you have stated in your response, that in terms of bankruptcy / insolvency the agreements between the countries don't extend that far / fully?Are you sure that the Official Assignee in New Zealand won't be able force the sale of my home? And won't be able to enact a 'forfeiture' with my husbands share in the property? Thank you in advance for your further clarification.
Expert:  Ash replied 1 year ago.
That is correct. Whilst there are some agreements under The Administration of Justice Act 1920, this does NOT extend to bankruptcy. Its only EU countries that can.
Expert:  Ash replied 1 year ago.
Can I clarify anything else for you?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** *****'s all for now, though I'm sure I'll have more questions down the line with this situation...
Thank you for all your help and clarification of these things.Kind regards,
Allinda Hardwick

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