sliding fast due to bank charges

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ellie 553

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Post by ellie 553 » Fri Jan 04, 2008 8:56 pm
Even if there isn't a law restricting travel, wouldn't if affect any visa application or work permit? I think it depends on your trade and your age, but I know that the USA can be fairly strict about financial information (amongst other things!) at immigration, and can check you have adequate funds to support yourself on your stay - maybe this is what JCD means?
 
 

Beechy

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Post by Beechy » Fri Jan 04, 2008 9:21 pm
Extract for the 1914 act (saves dusting)
PART I.
PROCEEDINGS FROM ACT OF BANKRUPTCY TO DISCHARGE.
An Act to consolidate the Law relating to Bankruptcy. A.D. 1914.
[10th August 1914.](ci) If with intent to defeat or delay his creditors he does
any of the following things, namely, departs out of England, or being out of England remains out of England, or departs from his dwelling-house, or otherwise absents himself, or begins to keep house;

I dont think this applies to the poster as he in not trying to avoid paying his debt
Dave Beech
Last edited by Beechy on Fri Jan 04, 2008 9:32 pm, edited 1 time in total.
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jan 04, 2008 9:36 pm
Aah - stopping people departing from England. Perfectly reasonabe, we've been trying to stop this for centuries (I am Welsh!)

For the benefit of general forum posters - Beechy and I are amusing ourselves with a history lesson - but just to reassure everyone that the 1914 Act was repealed by the Insolvency Act 1986 - so no problem in travel whilst bankrupt any more.

Ellie - I am fairly certain you have to show some form of means statement when applying for a permanent residency permit to remain in Australia, but could not be sure. Best to check with the Embassy to be sure.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

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Beechy

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Post by Beechy » Fri Jan 04, 2008 10:37 pm
According to the DETI this applies in Northern Ireland
[30-09-2004] Bankruptcy and Travel Abroad
If you are bankrupt you must

• obtain the written consent of the Official Receiver if you want to travel to Great Britain or the Republic of Ireland
• apply to the Court for leave if you wish to travel to any other country
If you remain outside Northern Ireland with the consent of the Official Receiver or the leave of the Court for longer than two weeks, you must inform the Official Receiver of the address you are staying at and of every change of address during your stay.


Dave Beech
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jan 04, 2008 10:50 pm
That's really interesting. I also have a practice in Northern Ireland but can assure you that this does not happen in practice. And of course passports are not required for travel to the mainland or the Irish Republic, so I can't see how this could be enforced in practice.

There are lots of things in the ancient Northern Ireland legislation that were left in the 1989 Order and 1991 Rules, but which are never used. For instance you still have to file all proof of debts in Court, and submit annual receipts and payments accounts.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

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Beechy

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Post by Beechy » Fri Jan 04, 2008 10:51 pm
Just thought you might find it interesting

Dave Beech
 
 

ellie 553

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Post by ellie 553 » Fri Jan 04, 2008 11:03 pm
All i know is if I was in that position it would be a reallty good prospect ! Apart from the work situation the cricket would be enough to keep me going...
 
 

j.c.d

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Post by j.c.d » Fri Jan 04, 2008 11:17 pm
Thanks for that , I know it is a good opportunity we just want to be in control of our rising debt before we go otherwise it could spoil the whole thing. "No point moving the same sinking ship form the Atlantic to the Pacific ocean". Can any one tell me do you actually attend your creditors meeting and is your employer contacted when going through an iva. Also how do you prove that you will have a wage coming in if you are self employed.
 
 

ellie 553

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Post by ellie 553 » Fri Jan 04, 2008 11:32 pm
Regarding how you still prove an income of you are self employed - its just the info you give to your accountant really ie receipts / invoices - what business are you in ?
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jan 04, 2008 11:38 pm
You do not need to attend your creditors meeting and your employers will not find out unless you tell them. Your trading accounts and bank statements will produce sufficient evidence of your financial position.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
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