Legal Question in Bankruptcy in Indiana

Filing a U.S. Bankruptcy when living in Canada

I am an American Citizen who is a permanent resident of Canada. I have a lot of U.S. debt, including student loans, from when I lived in Indiana. I cannot pay any of this debt due to the exchange rate being so low for Canadian funds. How do I go about filing a U.S. bankruptcy? Do I need a U.S. address? Could I use my parents' address in Indiana?

Thank you.


Asked on 6/04/03, 12:47 pm

1 Answer from Attorneys
Eric Southward Southward & Haggard

Re: Filing a U.S. Bankruptcy when living in Canada

To be eligible for a bankruptcy, you must either reside, own a business or own property in the United States. You do not need to be a US resident. However, the only debt you GENERALLY can discharge is USA debt. As long as you live in the USA or run around in the USA, your US Bankruptcy discharge would apply. There are some circumstances where you can discharge Canadian or other foreign debt in an US Bankruptcy, but see an attorney about that one.

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Answered on 6/04/03, 4:03 pm


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