Can I file bankruptcy while living out of the country?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I file bankruptcy while living out of the country?
I am an American married to and Italian and have lived in Italy for 2 years. We have about $40,000 in US debt that we cannot pay. Can I file bankruptcy from here? The debt comes from 3 different states. We have no property or assets in the US.
Asked on October 20, 2010 under Bankruptcy Law, Connecticut
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I would call and speak with a bankruptcy attorney in the United States. You say that you have no assets here in the US and only debt. In order to be able to file any type of proceeding in any court the court has to be able to have jurisdiction over you and some connection must be established to the venue (the court and the State) in which you intend to file. The connection need not be a bank account with a million dollars. It can be a $100 in an account so long as the asset - which will be called the principal asset - was in place for a specific time before filing (in Title 11 the requirement is 180 days prior to filing). Since it is a Federal proceeding the debt from all the states can be listed. Get help. It can be done but you may need to do some extra work ahead of time.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.