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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I am resident in France and the Gerant (Director/Manager) of

Customer Question

I am resident in France and the Gerant (Director/Manager) of a french company. I have not lived in England for 25 years. I have a french debtor. Can she make me Bankrupt in the UK without trying to make me Bankrupt in France first.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Under EU Bankruptcy law, a person can only be made bankrupt within the EU where their "centre of main interests" is located. Accordingly, the issue of whether you can be made bankrupt in the UK or France depends on where is your "centre of main interests". If you live in France and are Gerant of a French company, then your "centre of main interests" lies in France and it is only in France that you can be made bankrupt. Accordingly, the judge is correct to say that it is a misuse of procedure to be following you in UK. So, as things stand, you can only be made bankrupt in France.
Customer: replied 2 years ago.

Could you please give me the details of the law that defines "centre of main interest" and what is Rule 6.9(1)a and how does it apply please?