Saturday, September 25, 2010

Bankruptcy If you live outside the U.S. - can you do?

You can file bankruptcy, if you live outside the United States? In many cases, "the answer is" yes.

You need to file bankruptcy, if you live in another country?

The first question, the situation was to ask whether it is necessary to file bankruptcy, the states (probably a Chapter 7 but Chapter 11 or Chapter 13) in the United States if you live abroad, and the United States plans to stay out . Bankruptcy in the United StatesUSA basically protects your assets and income in the exercise of creditors through the debt. You may or may not protect foreign assets, according to its laws. In most cases, the U.S. creditors to come after your assets in a foreign country, and if they did, you can always take advantage of bankruptcy laws this country.

But if you have no assets or income in the United States by a U.S. company, or plan to return to the vicinity ofIn the future, archival life.

You can file Bankruptcy from abroad?

11 USC 109 permits any person to file bankruptcy in the United States if they are, they have their place, home or property in the United States. What makes sufficient "property"? This depends on the judge, but for the most part, even a simple bank account is sufficient. Sometimes only payments on a lawyer trust account satisfies the requirements. In other words, in most cases, almostAssets in the United States, here is a person eligible for a debtor in bankruptcy. (That chapter is entitled to a different issue). For practical reasons, we also need a mailing address in the United States, that the e-mail regularly. This is not required by law, but practically necessary.

Where would be the failure in the United States to be saved?

The next question is the United States where you can depositFailure. It may be presented, which were to be your permanent place of residence or main activity in the U.S. for most of the 180 days before filing your case.

Ultimately it is the need for the 341st meeting and related costs, the benefits outweigh the filing of bankruptcy. In some cases, depending on the reasons why the U.S. can excuse Trust Office or the Court of physical appearance at the hearing, but this usually requires aThe proof of medical necessity or military obligations. You must also consider whether they really need to file bankruptcy if they live outside the United States, but this is something, bankruptcy attorney to weigh your entire analysis in consultation with a qualified electrician.

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