QUESTION

Can we file for bankruptcy from abroad?

Asked on Oct 24th, 2012 on Bankruptcy - Michigan
More details to this question:
My wife, who is an American citizen and me, Hungarian left the USA about 3 years ago, when the economy was in such shape that we couldnโ€™t afford to live in Miami and continue with our restaurant jobs. Unfortunately we left some unpaid bills, and hoped that moving to Europe will just solve our problem. However the creditors started calling my wifeโ€™s sister and parents, and even after 3 years this is continuing on a daily basis. We were never too close with them, saw them 3 times in 12 years that I lived there, but would do anything to make this stop. Obviously by now our bills are so high that repaying is out of question. We were considering bankruptcy but to file from Hungary is complicated. Does anybody have an idea how to make the creditors stop harassing my wifeโ€™s family?
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4 ANSWERS

Bankruptcy Attorney serving Myrtle Beach, SC at Law Office of Margaret L. Evans, PC
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You can not now file for bankruptcy in the US without living here ..... there are residency and venue requirements which differ from state to state.
Answered on Oct 28th, 2012 at 3:54 AM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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You must be present as a resident.
Answered on Oct 27th, 2012 at 2:13 PM

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Family Law Attorney serving Provo, UT at Havens Law, LLC
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Yes, you can file for bankruptcy from abroad. However, it is not always easy and some jurisdictions will require you to attend your meeting of the creditors. If you wish to stop creditors call, the Fair Debt Collection Practices Act allows you to write a letter and ask them to stop contacting you. After they receive that letter they can only contact you one additional time to notify you of what specific action they intend to take(i.e. file a lawsuit, etc.)
Answered on Oct 27th, 2012 at 1:32 PM

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That's a stumper for sure. Jurisdiction is where you live, so that is one problem. Another is attending the 341 from Hungary. Yeah, it seems your choices are: file from Hungary or pay the bills. Maybe they would let you get on a payment plan?
Answered on Oct 25th, 2012 at 11:49 PM

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