Is it possible to file bankruptcy from another country? 5 Answers as of October 05, 2010

My father lived in the United States for 25 years before moving back to India. He still has a great amount of US debt that he has been trying to keep up with from month to month. Due to financial hardship, he and my relatives can no longer afford to keep up with the payments. Can he file for US bankruptcy from India?

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The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
He can, as long as he has some assets in the USA and a valid mailing address here where he regularly receives mail. He would have to file his case in the jurisdiction where his principal assets in the USA are located. You may wish to view my article on this topic at

http://bklaw.com/bankruptcy-blog/2008/06/file-bankruptcy-if-you-live-outside-the-usa/
Answer Applies to: California
Replied: 10/5/2010
Southern California Law Advocates
Southern California Law Advocates | Norma Duenas
This is a tricky situation but based on the bankruptcy code I believe he should be able to file for bankruptcy even though he is residing in India. Under bankruptcy laws a person can be a debtor in a bankruptcy case if you reside, have a domicile, place of business or property in the United States. In your fathers situation we would look to filing your fathers bankruptcy case based on property that he has in the United States. Property can generally be any asset that you have in the United States. It may be possible to file for bankruptcy with only a bank account in the United States. Venue laws would determine where in the United States the case could be filed. Under venue laws you would file your bankruptcy case in the jurisdiction where you have resided the greater part of the last 180 days prior to filing your bankruptcy cases. Since your father has not resided in the United States we would more than likely look to the location of the asset and where it has been located in the greater part of the 180 days prior to filing to determine where he needs to file for bankruptcy in the United States.
Answer Applies to: California
Replied: 10/5/2010
Sussman & Associates
Sussman & Associates | Mitchell Sussman
There is a 6 month residency requirement in the district in which the bankruptcy is filed.
Answer Applies to: California
Replied: 10/4/2010
Builders Law Group
Builders Law Group | Nick Campbell
This raises some questions of its own. First off, is your father concerned that he will be pursued in India for these debts? Or does, he have assets or property in the U.S. that he is worried about? Furthermore, if the debts are more than four years old and, depending on the type of debt, they may not be legally collectible depending on how much time has passed. Your father may not be able to discharge foreign (non-U.S.) debts in a bankruptcy here unless the foreign creditor has a U.S. presence. Subject to what your father is trying to do, I believe he could file bankruptcy but would likely have to make an appearance at the meeting of creditors.
Answer Applies to: California
Replied: 10/4/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
He would have to come here to file and to go to court.
Answer Applies to: California
Replied: 10/4/2010
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