Can I file bankruptcy while living out of the country?

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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 10 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.


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