QUESTION
How I can start filling for Bankruptcy if I am out of the United States now?
Asked on Feb 09th, 2011 on Bankruptcy - California
More details to this question:
I would like to file for Bankruptcy but I am out of the States now. How I can start filling? I do have some friend my I can send or file forms so my friend represent me.
6 ANSWERS
William C. Gosnell
You can file while out of the country but there will be a mandatory court hearing coming up quickly. You must return for that.
Answered on Feb 10th, 2011 at 6:28 AM
So long as you are a resident of the United States, you can start the process of filing for bankruptcy, even if you are temporarily out of the country. You can communicate with your attorney by e-mail, fax, phone or regular mail and he or she can prepare all the necessary forms for you. You can review and approve the bankruptcy petition and schedules while you are out of the country. Typically, you are required to appear in person for your first meeting of creditors. Occasionally, exceptions are made for people who are unavailable, such as someone who is in jail and not able to get out to go to the first meeting of creditors. In these cases, The Trustee sends written questions to be answered under oath.
I have personally helped many people begin the bankruptcy process while they are temporarily outside of the Country. If you would like me to help you, please call me.
Answered on Feb 09th, 2011 at 4:28 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You can retain an attorney to assist you, but are you only out of the country temporarily or have you moved? You must be a resident of the jurisdiction where you file to proceed.
Answered on Feb 09th, 2011 at 10:58 AM
Worker's Compensation Attorney serving Corona, CA
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Workers' Compensation Lawyer, Inc.
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A friend cannot represent you in bankruptcy. A lawyer can file on your behalf, but you will have to review and sign all documents in the petition.
Answered on Feb 09th, 2011 at 10:43 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You need to give a lot more information. Do you live outside the US? How long you been living outside the US? When do you intend to return to the US? Do you have any property in the US such as a house or bank account? Do you claim residence somewhere in the US? Do you file state income taxes somewhere? Hold a drivers license in some state? A lot more information is required to answer your question. You will have to attend a meeting creditors somewhere in the US. Your friend cannot represent you. Only a lawyer can represent you and you have to personally attend the meeting of creditors to answer questions under oath. There are exceptions for military personnel in combat zones and some U.S. government employees.
Answered on Feb 09th, 2011 at 10:43 AM
judith runyon
No, a friend cannot file for you.
Answered on Feb 09th, 2011 at 10:43 AM