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Bankruptcy COMI and Other Questions

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  • #16
    Re: Bankruptcy COMI and Other Questions

    Hi Bobby

    Sorry to hear that. I've always managed to swerve the preparing a statement bit for clients though some Courts ask for it as standard in such cases. Having said that you have jumped in a bit sharpish following the 3month and 1 day. Nothing wrong with that of course but it just means greater scrutiny.

    I can't add anything to what I've already said really Bobby. One of my posts above makes mention of not just being where you are for the greater part of 6 months but to be seen to be living there. I hope that's not too subtle because it's vitally important. Being seen to be living there is what gives you the evidence ultimately.

    DL change of address and input on the voters roll are good evidence. Whatever other evidence garnered since 10 November supports your COMI claim too. Just take everything with you and prepare a list of the evidence documents which you can include following your statement about where you've been living these last 6 months.

    So you might say something like...

    From September 2014 (or prior) to 31 October 2014 I lived at....

    I have the following documentary evidence to prove I was at this address.

    From 31 October 2014 I have lived at....

    I have the following documentary evidence.......

    Just something like that should be fine.

    The Judge will grant the order if you have the evidence. Seemingly they won't if you don't.

    As to when you would be able to file again-that would be when you have the evidence! You might have to pay the court fee again though- but no the OR's deposit.

    Comment


    • #17
      Re: Bankruptcy COMI and Other Questions

      Dear Debtsanity

      I have to the best of my ability written a statement showing -

      I have also but it is in German my deregistration letter from the 31st October and post redirection to my current address on the 31st October.

      One way bus tickets from france on the 10th November 2014
      Bank account opened on 12th November 2014
      Application for Jobseekers Allowance on 12th November 2014
      Registering with the Doctors at 25thNovember
      Then receipts from then til the present day
      Bank statements for 3 months

      I have creditors calling and ut is all getting a little stressful, hence the speed of my application.

      Anything else to help the situation

      Regards

      Bobby

      Comment


      • #18
        Re: Bankruptcy COMI and Other Questions

        All looks good to me. The fact that creditors know your new address is good too as I said earlier.

        JSA letter is good too as a government department.

        By the way did you submit form EX160 to get some or all of the court fee waived? I say that with you claiming JSA.

        Comment


        • #19
          Re: Bankruptcy COMI and Other Questions

          I had full remission for the court fee. All evidence is numbered and attached to the statement. I must give this in on Monday and return on Wednesday morning for the final hearing.

          The only issue is between the 31st October and 9th November I have no physical evidence such as receipts or a bank account in the UK! Only what I have said before about license etc.

          Thanks for your time.

          Regards

          Bobby

          Comment

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