Can I file bankruptcy if I am currently out of the country? 5 Answers as of October 05, 2017

I have filled bankruptcy the year 2008 and unfortunately, due to some circumstances, I will need to file again. I have been out of the US for one year and want to go back but need to file to get rid of my family's debt.

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
No. You must live in the district at least 3 months & a day.
Answer Applies to: Texas
Replied: 10/5/2017
Stephens Gourley & Bywater | David A. Stephens
Yes, although you would need to attend the creditors meeting.
Answer Applies to: Nevada
Replied: 10/5/2017
Law Office of Stuart M. Nachbar, P.C.
Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
You must be residing in the County in which you desire to file for 180 days prior to filing.
Answer Applies to: New Jersey
Replied: 10/4/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Sure, so long as you maintained your personal residency here.
Answer Applies to: Colorado
Replied: 10/4/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
This is not an easy question. The 'venue' provisions of the US Judicial Code say you may file a bankruptcy case in a district where the 'domicile, residence, principal place of business in the United States, or the person...that is the subject of such have been located for' the past 180 days, or the longer part of the past 180 days than any other such place. So...you could file in the district of your 'domicile,' meaning where you have lived and intend to return, or where your principal assets are located. You usually must be present in person at the Meeting of Creditors, which takes place 20 to 40 days after the date you file your petition. For an exception, contact the office of the United States Trustee for the district.
Answer Applies to: Wisconsin
Replied: 10/4/2017
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