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Quitting job and moving abroad before filing bankruptcy?

Toledo, OH |

Hello, I wanted to add an important question in my quest to find the right sollution for me and my bf. I was wondering what would happen if someone quit their job in order to move abroad to marry and start a new life and then a few months later filed for bankruptcy cause their new income is too low. Will this be seen as the person's own "fault" for giving up their job and moving, or is this legal and won't get in the way? I think people have a right to move overseas to marry? what if they quit their job with intent to move abroad in the short future and did qualify after a few months of being unemplyed for bankruptcy 7, can it be denied cause the person quit the job and wasen't fired if he had a good reason to do it?
thank you so much.

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Attorney answers 3

Posted

I've never seen that issue come up. Life's circumstances often require people to leave jobs for various reasons, and moving somewhere to be with your future spouse would not constitute bad faith in my opinion.

Asker

Posted

i'm very glad to hear that, thank you very much for your help

Posted

Are you certain you can't file for Bankruptcy while still physically here and employed? If possible, why not take care of your business here before you leave the States instead of having to deal with, residency issues, traveling back to States for Trustee meeting, retaining and communicating with your attorney from abroad. Talk to a local bankruptcy attorney about your circumstances and see what they think could work for you.

Asker

Posted

Hi, thank you so much for the answer. It seems like he's making too much money right now, he gets around 1600 every other week and he's paying a huge amount of debt, including a 400 dollar car payment so he does have more than 100 dollars to spend on debt right now, just won't have anything at all when moving to Sweden. We will absolutely try to find an attorney here, but we are a little worried about the costs, do you know if filing from abroad will be a lot more expensive?

Posted

Generally, the purpose of your financial woes are not an issue. However, if you are capable of paying your creditors and just decide that you would rather not pay them a lack good faith argument may be hinder your Chapter 7 case. There is not enough information in your post to make that determination. The considerations would include your current income, type of debt, age of the debt and total amount.

Often, people believe they can't file Chapter 7 because of their income. Having an income above the mean creates a presumption of abuse. However, people can often overcome that presumption with an experienced attorney.

I hope this helps.
Respectfully,
Steven A. Leahy
www.chicagotaxteam.com

Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

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