Legal Question in Bankruptcy in Massachusetts

Re: Filing for Bankruptcy - based in UK

You can only file for bankruptcy if you reside or have a domicile or own property. The Bankruptcy Code really does not define "domicile". However, it is generally defined as a place where an individual has a home or where the person plans on returning if away." Generally, you only have 1 domicile. You would need to prove that your domicile is the U.S. but you are only "temporarily" absent. A judge may look at how long you have been in the UK, have you established a permanent residence there, if you are working there, are you on a temporary assignment or permanent transfer. Another consideration is the source of your debts. Where were they incurred? In the US or in the UK? A US court probably would not have jurisdiction to discharge debts owed to a UK company. Also, if you were able to file, you would probably need to come back to the US to attend the meeting of creditors which is held after the filing of the bankruptcy petition. There is really no clear answer to this question.