Summary
The judges of the Court of Appeal recently had to consider the effects of moving debtor. If a debtor claimed he or she had changed his or her center of interests, a court would consider whether it was based on substance, rather than on illusion, and whether it resulted in a degree of permanence. The English bankruptcy petition was restored. That is good common sense and hopefully good law to deal with a situation where an insolvent debtor moves from EU county to another. He or she cannot so easily make it difficult for creditors by insisting on the equivalent of a petition for bankruptcy in an overseas court, although any remaining assets and the center of main interests are in reality in the UK.
See the full content of this document
Extract
Targeting the Roving Debtor
One effect of what is called 'the global economy' is that insolvent debtors like literal fly-by-nights can move from country to country, thereby giving national courts with bankruptcy jurisdiction problems in resolving as to which of them has jurisdiction. This in itself could be a problem affecting credit management.
The judges of the Court of Appeal recently had to consider the effects of a moving debtor. In Shierson í Vlieland-Boddy [2005] 1WLR 3966 the trouble starte...See the full content of this document
Sponsored links
