One of the most popular areas for people to migrate to from England is the Melbourne area of Victoria and many expats from England have moved to start their new life in Australia. Over the past 7 years we have helped many people deal with their debts in the UK and our fully assisted bankruptcy service allows you to declare bankruptcy in England while you remain in Australia.
If you file bankruptcy in England while living in the Australian state of Victoria all of your debts in England are cleared and the Official Receiver will look at any assets and disposable income that you have.
In many of the cases we have dealt with, our clients are unaffected by filing bankruptcy in the UK and the only thing they have lost is the liabilities that have been dragging them down in Australia. It becomes very hard to live in Australia with the higher cost of living and healthcare payments and to also keep sending money back to England to pay credit cards and loans.
If you file bankruptcy in England you may be asked to pay back your disposable income for a three year period of time; this is known as an income payment agreement. It does not extend the duration of the bankruptcy and you will still be discharged after twelve months, but any disposable income will be sent back by you to a trustee in England to be distributed between the trustee, the Official Receiver and also your creditors within the bankruptcy.
Sometimes a person has no disposable income and in this situation they are not asked to pay anything back to the UK. If their position changes and they start to earn more money, then a payment agreement can start but it is all subject to your cost of living in Australia. A person is given reasonable allowances for general living costs but not for luxury items such as hobbies, socialising, alcohol etc.
As part of our free consultation we will consider this area of the bankruptcy on your behalf and give you an idea of how your income and expenditure will be seen when the bankruptcy has been dealt with. Many of our clients are happy to pay an amount back to the UK as they always had the intention of paying their debts, but the cost of living in Australia meant that they could not afford the full amount that was required. For more information on bankruptcy from Australia contact us now.
Bankruptcy case study: English bankruptcy filed from South Australia
In a previous case that we handled, our clients in Australia had moved to Melbourne in South Australia from London. They moved as a family of four and had around £25,000 of credit cards and loans outstanding in the UK. Due to the initial start up costs with settling in South Australia, extra money was used on their credit cards and once they had settled down they soon found that even with two good incomes their monthly expenditure was only just met by their wages. With extra schooling costs and emergency medical and dental treatment they soon started to miss their monthly payments back to the UK creditors.
Due to the missed payments their Parents in London began to get harassed as they had given this UK address to their credit card and loan companies and this in turn created stress for them in Australia.
During our initial consultation is was obvious that the family did not have enough disposable income to meet their standard monthly payments and at that time the Dollar weakened against the Pound causing further problems with currency exchange and payments. The couple decided that bankruptcy was their best option and they were happy to pay something back to their creditors in the UK.
After preparing the bankruptcies and filing these on their behalf in the High Court of London, the Official Receiver decided that they could pay a minimal amount of around £150 per month for a three year period which they happily agreed to.
This suited them and allowed them to live reasonably in Australia and still pay something back in relation to the debts that they had in the UK.
If you are in a similar situation and living in Australia, talk to the experts with regards to overseas debts – Bankruptcy from Abroad.