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Bankruptcy debt, file United States bankruptcy from a foreign country, debt discharge

Milwaukee, WI |

good morning,
here is my question, i lived in the united states for years but had to come bac to europe, it has been 15 years that i have been back in France, i still owe about $12000 that i have been paying every month eversince i have been back in my country, but i cannot pay any more, now my question is can i file for bankruptcy from france? if not can i be sued if i don't pay my balance??

You may be able to file in the US, if you have a state of residency here and assets here, and if you are able to attend court here. Otherwise, you will have to see if you can file the French equivalent in France.

Attorney Answers 3

Posted

You are going to have to file a French bankruptcy in France. I know nothing about French Bankruptcy laws, but I'm pretty sure most countries have such laws. I don't think you'd meet the jurisdictional requirements for a US bankruptcy. You should find a local attorney that can help you with this.

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Posted

I have filed for many people living overseas. There are several requirements: (1) you can only discharge your US debt, not debt incurred in France; (2) you must return to the US for the Meeting of Creditors; (3) your principal assets in the US must be located in the state in which you file. If you have no assets in the US, opening an account in the state where you will file should give the Court venue to hear your case.

If I may be of help, please e-mail me privately and we can discuss what would be involved.

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Posted

If you still maintain residency in a US state, have US citizenship or permanent resident status, have assets here and can come here to attend court, you are probably able to file bankruptcy in the US, in the bankruptcy court of the district where you are resident.

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