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Insolvency jurisdiction is determined by where you live not where your debts are loca

  • 10-11-2017 7:56pm
    #1
    Fake News
    Closed Accounts Posts: 93 ✭✭


    I don't understand this. If I am insolvent in Australia, and I move to Ireland, am I no longer insolvent and can my Australian creditors pursue me again?


Comments

  • #2
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #3
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    Fake News wrote: »
    I don't understand this. If I am insolvent in Australia, and I move to Ireland, am I no longer insolvent and can my Australian creditors pursue me again?

    Kind of depends on the level of debit, cannot imagine intercontinental debit collection for a few hundred dollars, but a larger amount?


  • #4
    Fake News
    Closed Accounts Posts: 93 ✭✭Fake News


    I was pursued in Ireland for 9000 euro I owed in new zealand. I applied for insolvency in new zealand online and the application was successful. I explained I was unemployed and was unable to repay the debt.
    However the debt collectors are pursuing me for another 2 grand I owe in the uk.
    I think its silly that someone would have to apply for insolvency twice.


  • #5
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    Fake News wrote: »
    I was pursued in Ireland for 9000 euro I owed in new zealand. I applied for insolvency in new zealand online and the application was successful. I explained I was unemployed and was unable to repay the debt.
    However the debt collectors are pursuing me for another 2 grand I owe in the uk.
    I think its silly that someone would have to apply for insolvency twice.

    So you have left debts behind in
    • Australia
    • New Zealand
    • UK


  • #6
    Indricotherium
    Closed Accounts Posts: 1,575 ✭✭✭Indricotherium


    Fake News wrote: »
    I was pursued in Ireland for 9000 euro I owed in new zealand. I applied for insolvency in new zealand online and the application was successful. I explained I was unemployed and was unable to repay the debt.
    However the debt collectors are pursuing me for another 2 grand I owe in the uk.
    I think its silly that someone would have to apply for insolvency twice.
    Was the €2000 included in the insolvency?


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  • #7
    Fake News
    Closed Accounts Posts: 93 ✭✭Fake News


    It was but the insolvency isnt enforceable against the uk debt.


  • #8
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Fake News wrote: »
    I think its silly that someone would have to apply for insolvency twice.
    It's all to do with this tiresome "sovereign independence" business.

    Basically, if somebody sues you in the Irish courts for a debt they claim you owe them, there is no New Zealand government agency that can direct the Irish courts not to hear the case against you. The Irish courts are not answerable to the New Zealand authorities.

    Ireland has its own standards and processes for determining personal insolvency, and if you haven't been judged insolvent by those standards and processes, then the fact that you have been adjudged insolvent in a different country by different standards and different processes is of no interest to the Irish courts.

    Within the EU, there are common standards for insolvency and cross-border recognition of insolvency judgments. But New Zealand, obviously, isn't in the EU and doesn't participate in this system.


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