QUESTION
Can I file bankruptcy if I am currently out of the country?
Asked on Jul 23rd, 2017 on Bankruptcy - Colorado
More details to this question:
I have filled bankruptcy the year 2008 and unfortunately, due to some circumstances, I will need to file again. I have been out of the US for one year and want to go back but need to file to get rid of my family's debt.
4 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
at
Law Office of Susan G. Taylor
Update Your Profile
No. You must live in the district at least 3 months & a day.
Answered on Oct 05th, 2017 at 5:27 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
You must be residing in the County in which you desire to file for 180 days prior to filing.
Answered on Oct 04th, 2017 at 1:34 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
This is not an easy question. The 'venue' provisions of the US Judicial Code say you may file a bankruptcy case in a district where the 'domicile, residence, principal place of business in the United States, or the person...that is the subject of such have been located for' the past 180 days, or the longer part of the past 180 days than any other such place. So...you could file in the district of your 'domicile,' meaning where you have lived and intend to return, or where your principal assets are located. You usually must be present in person at the Meeting of Creditors, which takes place 20 to 40 days after the date you file your petition. For an exception, contact the office of the United States Trustee for the district.
Answered on Oct 04th, 2017 at 1:33 PM
Sure, so long as you maintained your personal residency here.
Answered on Oct 04th, 2017 at 1:31 PM