If someone from the US is now living abroad can they still file personal bankruptcy and how do they do it?
481773
That is going to depend on whether or not you have any domicile in the US and whether or not your assets are here or where you are now. There are certain residence requirements for the district you would be filing in. If you are in the military that's different. If you are merely visiting or studying abroad, it is perceived differently than a permanent residence away from the U.S.\n\nCheck with an attorney in the district where you are from.
314085
usually you need to file in BOTH states
66199
As of October 17, 2005, it became much more difficult for many people to file bankruptcy.  The paperwork has increased by about 75%.  The new laws and procedures are confusing even to us lawyers.  If you don't follow all the right steps, your case might be dismissed and it becomes even more difficult to file.  It is not absolutely necessary, but I pity the poor soul to tries to file bankruptcy on their own without an attorney.
1025631
YES YOU CAN DO IT!!. I work for a bankruptcy attorney. I myself even have gone through bankruptcy back in 2005. You send all three credit report agencies a copy of your discharge along with a copy of your creditor matrix. At that point they will remove those debts from your credit report. They will then send you an updated credit report. It may take a few times to get it all removed. However, your credit report will state that you had filed bankruptcy and it states that way up to 7 years.
140389
Yes.  So long as you are out of a chapter 13, you can file another chapter 13 or a chapter 7.  If you file the chapter 7, you cannot file another chapter 7 for seven years but you could file chapter 13 again once the 7 is discharged.  In fact, you can file chapter 13 bankruptcies indefinitely so long as you are no longer in the midst of another bankruptcy.
112655
Yes.  You do not list those debts as part of your bankruptcy plan and reaffirm with the lenders (who by law receive notice of bankruptcy) that you will still be paying them what is owed.  You do not need to file chapter 11 or 13 in order to reaffirm.  However, if you are including those debts in your bankruptcy, then as a rule those assets must be liquidated in order to minimize the lenders' losses.
340115
The whole Chapter 7 bankruptcy process takes about four to six months, costs $200 in filing and administrative fees without an attorney, and commonly requires only one trip to the courthouse. \n\nTo file for bankruptcy, you fill out a two-page petition and several other forms. Then you file the petition and forms with the bankruptcy court in your area. Basically, the forms ask you to describe: \n\n \n\nyour property \nyour current income and its sources \nyour current monthly living expenses \nyour debts \nproperty you claim the law allows you to keep through the bankruptcy process (for example most states let you keep clothing, household furnishings, Social Security payments you haven't spent and other basic items) \nproperty you owned and money you spent during the previous two years, and \nproperty you sold or gave away during the previous two years. \nFiling for bankruptcy puts into effect something called the "automatic stay." The automatic stay immediately stops your creditors from trying to collect what you owe them. So, at least temporarily, creditors cannot legally grab (garnish) your wages, empty your bank account, go after your car, house or other property, or cut off your utility service or welfare benefits. \n\nUntil your bankruptcy case ends, your financial problems are in the hands of the bankruptcy court. It assumes legal control of the property you own (except your exempt property, which is yours to keep) and the debts you owe as of the date you file. Nothing can be sold or paid without the court's consent. You have control, however, with a few exceptions, of property and income you acquire after you file for bankruptcy. \n\nThe court exercises its control through a court-appointed person called a "bankruptcy trustee." The trustee is mostly interested in what you own and what property you claim as exempt. This is because the trustee's primary duty is to see that your creditors are paid as much as possible on what you owe them. And the more assets the trustee recovers for creditors, the more the trustee is paid. \n\nThe trustee goes through the papers you file and asks you questions at a short hearing, called the "creditors' meeting," which you must attend. This meeting is not likely to last more than five minutes. Creditors may attend, too, but rarely do. \n\nAfter this meeting, the trustee collects the property that can be taken from you (your nonexempt property) to be sold to pay your creditors. You can surrender the property to the trustee, pay the trustee its fair market value or, if the trustee agrees, swap some exempt property of equal value for the nonexempt property. If the property isn't worth very much or would be cumbersome for the trustee to sell, the trustee can "abandon" the property-which means that you get to keep it. Very few people actually lose property in bankruptcy. \n\nIf you've pledged property as collateral for a loan, the loan is called a secured debt. The most common examples of collateral are houses and motor vehicles. In most cases, you'll either have to surrender the collateral to the creditor or make arrangements to pay for it during or after bankruptcy. If a creditor has recorded a lien against your property, that debt is also secured. You may be able to wipe out the lien in bankruptcy. \n\nIf, after you file for bankruptcy, you change your mind, you can ask the court to dismiss your case. As a general rule, a court will dismiss a Chapter 7 bankruptcy case as long as the dismissal won't harm the creditors. Usually, you can file again if you want to, although you may have to wait 180 days. \n\nAt the end of the bankruptcy process, most of your debts are wiped out (discharged) by the court. You no longer legally owe your creditors. You can't file for Chapter 7 bankruptcy again for another six years from the date of your filing.
191386
As previously stated, it will depend on what kind of debt you are talking about.\n\nStudent loans, child support, taxes, and other debts can not go away with a bankruptcy.\n\nMortgages and car loans, or any type of secured loan can be included, but you still have to pay those loans or have the property repo'd.  But the interest rates and payments may be a little more favoriable.  \n\nOther loans will be handled in a bankruptcy, including the judgements.\n\nBut.....(yeah, there are always "buts")\n\nThey do not get erased unless you file for a Chapter 7.  The new bankruptcy laws passed last year make it more difficult for people who currently have an income to file Chapter 7's.  You will be forced into a Chapter 13, which means you have to pay back a portion of the debt.  The amount depends on your current income, and the state you live in.\n\nPlease take the time to read the link below.  It has info on the new bankruptcy laws.\n\nIn my opinion, unless you owe a whole lot of money, it's not worth filing bankruptcy.  You need to find a way to negotiate with the creditor.
246836
You can go about anywhere, but your interest rate might be a bit higher. But not as high as if the bankruptcy was 2 years ago.
844841
The US is one of the few countries which tax citizens on income earned overseas.    Most countries tax income of residents, regardless of citizenship (the US does this too) but do not tax overseas income of their citizens.\n\nHowever...  there are deductions in the US tax code related to overseas income.  So long as you are subject to the taxes of your country of residence, you may qualify to deduct approximately $80,000 from your income for the purposes of determining the US tax owed.  If you earn less than the threshold and live the full tax year overseas, no US tax would be owed.  You are still responsible to file, even if no deductions were made and no tax is owed.
880305
if they wont work out a forebearance agreement,then contact a bankruptcy lawyer, call HUD now!!!! you nedd to prepare to move in case.....good luck
291833
I guess it depends on what type of bankruptcy you want to do cause they have several like chapter 7. 11 and 13 and some are meant for buiness owners only and can be costly too. it also depends on if you want to eliminate everything and then certian debts can't be eliminated which is best to talk with a attorney the laws are changing all the time.
1097861
Yep, everybody everywhere.  Your attorney will send them a claim form, and if they return it they are added to your bankruptcy.  If you are filing 13, there is priority on who gets paid first, and the utilities may not get paid in the life of your bankruptcy.\n\nAs far as the utilities charging you what's on your bankruptcy, I'm not so sure that's true.  If a utility tells you that you have an old account, you tell them that it is included in your bankruptcy and they will start you a new account with a zero balance.
451573
I WORK FOR A STUDENT LOAN COMPANY IN TEXAS, AND IF A BORROWER IS UNABLE TO MAKE PAYMENTS THEY CAN TRY TO QUALIFY FOR A DEFERMENT OR A FORBEARANCE TO POSTPONE PAYMENTS UP TO 12 MONTHS AT A TIME.  HOWEVER IF THIS IS A PRIVATE LOAN, THERE MIGHT BE DIFFERENT STIPULATIONS.  YOUR BEST BET WOULD BE TO CONTACT WHOEVER IS SERVICING YOUR LOAN AND TRY TO MAKE PAYMENT ARRANGEMENTS.  IT WOULD NOT HELP YOU TO FILE FOR BANKRUPTCY BECAUSE STUDENT LOANS CANNOT BE DISCHARGED BY BANKRUPTCY, AND THE BANKRUPTCY STATUS WOULD STAY ON YOUR CREDIT REPORT FOR 7 YEARS.  I WOULD JUST GIVE THEM A CALL AND TRY TO WORK SOMETHING OUT, IF YOU DON'T YOU COULD DEFAULT, AND THEY WILL GARNISH YOUR WAGES AND TAKE YOUR INCOME TAX RETURN, AS WELL AS REPORT IT NEGATIVELY ON YOUR CREDIT.  GOOD LUCK
44840
Tough luck. \nThey just changed the bankruptcy laws in October '05. \nNow it costs more to file, but before you can even file, they make you jump through a bunch of hoops, and I guess their pushing chapter 13 (the payback plan)...\n\n\nGood luck!
50913
Normally you have to file for divorce from whatever state you are a resident of.  \n\nI worked with a guy who was in the marines and his wife left him, he got stationed overseas but made his permanent residence his parents place and thus was a resident his home state and being a new resident had to wait 6 months before filing.  The state he used to live in refused to allow him to file as he was no longer a resident.
215578
my husband is German, and I lived there for awhile. Have no worries- nobody cares about your US credit records there. I think this whole system was invented here, and it is not practiced anywhere else in the world. Or at list not in the same way. If you want to buy a house in Germany, of course you would need some type of proof of financial independence, as well as down payment. To just open an account, or to rent a place- you need an employer or proof that you are making money or have money on the bank account.