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I moved from the USA 3 years ago with my family to Asia and have about $60,000 in unsecured debt (USA credit cards.) My only source of income is my pension - deposited into a USA bank (USAA) monthly. I am finding it impossible to continue to pay the debt. I have no physical assets overseas or in the USA. Is it possible to file bankruptcy without going back to the USA? If it's not possible to do it from abroad, where should I go (what state) and how long do I have to stay to declare bankruptcy? Of course, the problem is even getting the money together for a plane ticket. Thank you for your help with this question.
4 ANSWERS
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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You must reside in the district in which you file your bankruptcy case for the majority of the past 180 days.
Answered on Jul 04th, 2013 at 2:33 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Are you a citizen of Asia? Do you have a residence or citizenship in any US state? Can you be sued in Asia on an American debt? You would probably have to come to the U.S. The lawyer would want to meet you and know you're real; presumably you could mail documents and possibly do a creditors' meeting by phone, but it's not certain. One thing to be careful about in the meantime is that if you're sued successfully (you do need to let them know your current address, so that if they sue you in the wrong jurisdiction a judgment wouldn't be valid) they could garnish your USAA account.
Answered on Jul 01st, 2011 at 11:48 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You are required to reside for 180 days in the state where you file bankruptcy. Under Section 341 you must physically attend a meeting of creditors.
Answered on Jul 01st, 2011 at 10:27 AM
Glen Edward Ashman
With no assets here in the U.S. my first question would be why? Is there more to this than you posted? (And yes, you probably would have to attend court, and yes, residency could be a problem, and it is possible there will be no way to do it, depending on details we do not have).
Answered on Jul 01st, 2011 at 10:04 AM