Can I fill for a bankruptcy from outside the USA?

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Hi, i lost my job last January, i have tried to find another one but I couldn't. The life became very hard , I am a single dad of 3 kids, and I couldn't support my family anymore. When all doors were closed on my face, I decided to leave USA to go live with my family in Europe. I left behind me many debts, credit cards, target, walmart and dell debts, I got many letters from the collection agency in my temporary address in US ( FRIEND ADDRESS). I am still without job, but supported my my family here in Europe. I am wondering if I can fill for a bankruptcy from Europe. Thank you PS, I am a US citizen

Attorney Answers

3
Michael Detzky ·
You must file in the U.S. Bankruptcy Court District where you resided for the greates part of the last 180 days. If you have been in Europe for more than six months, I do not believe that you have the requisite residency to file a Bankruptcy Petition in the United States. Have you consdidered filing under the Bankruptcy Statutes of the Country you are residing in?
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Glen Ashman ·
Assuming that you don’t have a US domicile, residence, principal place of business, you can still file where you have principal assets for a longer portion of one-hundred-eighty-day period. You can possibly file in any district where you have majority of US assets. If that district is the Northern District of Georgia, contact my office at 404-768-3509 or at [email protected] with details. Be aware that although courts sometimes allow telephonic hearings, you may have to come to at least one hearing in person. 28 U.S.C. Section 1408 provides in relevant part that “…a case under title 11 may be commenced in the district court for the district….(1) in which principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceeding such commencement, or for a longer portion of such … period than ….in any other district … .” For example, if you still have a US bank account, or some assets here, and those US assets are most of your assets, you may be able to file here. Given that you have been gone a short time, you can make a better argument that you remained a Georgia resident and that your absence was temporary. Again, there's a lot of detail we have to know, but it is at least POSSIBLE you may be able to file here. There is also some possibility you have eligibility to file in the country where you are, but since many other country's laws are different, and it is hard to say how it would affect US creditors, you'd have to ask a lawyer in that country about it.
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Stephen Trezza ·
Why bother with it? You are judgement proof. If you come back then maybe you can rethink it.
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