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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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I am a Dutch citizen but I have been living in the UK for

Customer Question

Dear Sir/Madam,
I am a Dutch citizen but I have been living in the UK for quite some time ( resident non domiciled ). At the end of 2012 I have been declared personally bankrupt in the UK but was officially discharged one year later.
At this moment I am facing a claim from a French bankruptcy administrator who is holding me liable for mismanagement as director of the French company that went bankrupt some years ago. The claim has to do with the period before my bankruptcy and I am of the opinion that this claim is part of the bankruptcy estate and cannot held against me personally.
Do you share this view ?
Kind regards,
Geert D.
Submitted: 3 months ago.
Category: Law
Customer: replied 2 months ago.
34;Always within a day"...., when do you expect to send me an answer ??Kind regards,Geert D.
Expert:  Nicola-mod replied 2 months 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 2 months ago.
Dear Nicola,I do not mind waiting. The answer is important for me so please try to find the right Professional.Please keep me posted on progress.Kind regards,Geert
Expert:  Nicola-mod replied 2 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 2 months ago.

1. Dear Geert, one the face of it, this claim arose before the period of your bankruptcy and so was a claim which could be proved in your bankruptcy. As it was not proved, the claim can no longer be maintained against you. So long as the claim had arisen before the period of your bankruptcy, then it is legally sound to conclude that it fell within your bankruptcy period.

Expert:  Buachaill replied 2 months ago.

2. Accordingly, you should write formally (I would suggest from a solicitor) to the French bankruptcy administrator setting out the fact you were in bankruptcy and that the claim made was extinguished by your bankruptcy. Under EU law, there is a "centre of main interests" test which allows a person to go bankrupt in the state with which they have most connection and then this bankruptcy is automatically recognised in all the other Member States of the EU including France.

Expert:  Buachaill replied 2 months ago.

3. So, your bankruptcy in the UK, had the effect of extinguishing the claim against you in France. However, I would suggest you set this out in a formal legal letter to the French bankruptcy administrator, so that there is no doubt about the legal position.

Expert:  Buachaill replied 2 months ago.

4. Please Accept or Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 2 months ago.
Dear MrCustomerI am very happy with your answer - I'll rate it 10 out of 10 ! - and I would like to know how to contact you should I need a further follow up .Thanks,Geert D.
Expert:  Buachaill replied 2 months ago.

5. Dear Geert, you can come back into this thread and I will answer further questions. Alternatively, you can simply ask a fresh question and direct it for my attention.

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