Personal Insolvency & Bankruptcy
Many people are facing debt problems and difficulties, and it’s nothing to be ashamed of. Problems arise when you are unable to meet the monthly credit payments. Your payments may be in arrears or creditors threatening court action. Difficulties in repaying can arise from a number of different reasons. Income may be reduced because of redundancy, bereavement or a career change. It may simply be that you have taken on too much credit.
Whatever the reason, the pressure of being in debt can be stifling. It can sometimes make you feel that you do not have control – and help is needed.
The personal insolvency and bankruptcy solicitors at McHale Muldoon can help you.
We offer impartial and confidential advice to enable you to manage and reduce your debts. We will listen to your problems and offer you a solution that will allow you to get your finances back under control.
It is important to know there are other options available. We will make you aware of your options and advise and guide you on the best possible solution.
Bankruptcy in the UK
We have teamed up with our UK sister office and have launched a new fixed fee service in relation to Irish Nationals wishing to relocate to England to present a Bankruptcy Petition.
Due to the strict bankruptcy regime in Ireland, nationals look to England and Wales’ bankruptcy process as a solution to their debt problems. This is sometimes referred to in the press as ‘Bankruptcy Tourism’ or ‘Forum shopping’.
The fixed fees will include the following:
- Fact find meeting in either Dublin or Manchester.
- Debt Advice – we will assess your debt/financial circumstance and advise accordingly. This may result in us advising the best course of action is to present a Bankruptcy Petition.
- Legal Advice – EC Regulation on Insolvency Proceedings 2002 (the Regulation) – any EU National (apart from Denmark) is permitted to bring a Bankruptcy Petition in the Country where the debtors centre of main interest is situated. Crucially, the law allows an EU National to travel to another EU state for the sole purpose of bringing a Bankruptcy Petition. The County Court in England and Wales where the Petition is presented has to consider whether the debtor has a centre of main interest in that jurisdiction. The main factors to be considered are length of stay, whether the debtor has a job, home or tenancy agreement in England or Wales.
- Our solicitors will advise you on the UK law and how it may effect a Bankruptcy Petition presented in the UK by a National of Ireland.
- The Bankruptcy procedure – we will advise and assist in relation to the practicalities of bringing a Bankruptcy Petition in the UK. We will advise about which Court the petition should be presented at.
- We will book the Court hearing for you and advise you about the hearing itself and its implications. We will represent you at the court hearing.
- Advice on post Bankruptcy matters – we will advise you on the interview with the Official Receiver and advise and negotiate on any matters the Official Receiver brings to your attention.
- We are here to answer your queries and concerns.
We will take any amount of telephone calls/emails from you to ensure the procedure flows smoothly and to ensure you have all the information/advice required. We will also be happy to meet you throughout the process.