Legal Question in Bankruptcy in Minnesota
Bankruptcy from overseas
I was transfered to work overseas. I have unpaid debts in the US. Transfering money to the US is very dificult from here. Can I file bankruptcy in MN?. Can an attorney represent me? Do I need to go back to the US to go to court?
Thanks in advance for your time and help
2 Answers from Attorneys
Re: Bankruptcy from overseas
If you otherwise qualify to file a petition you may do so. An attorney should represent ypo. Your personal appearance in Court will probably be required.. at least for the first meeting of creditors.
Re: Bankruptcy from overseas
If you have assets in the US, or your domicile or residence is in the US, you can file in the US. You can file in the district where your principal assets in the US, principal place of business, domicile, or principal residence is located. You may not be entitled to claim any state's exemptions unless you have a US domicile, but you should then be able to claim the federal exemptions. This may be better or worse, depending on the state. You must disclose all assets and turn over all non-exempt assets worldwide, and disclose all world-wide income. The discharge will bar collection of any debts owed to a US-based creditor and US-situs debts owed to a non-US creditor, but only to the extent the non-US creditor is subject to the jurisdiction of the US court; a bankruptcy discharge in the US may not be recognized everywhere.
You may or may not have to appear at the meeting of creditors in person. The trustee has discretion to let you appear by phone. Get a lawyer who knows his/her way around the local bankruptcy court and you should be able to get that consideration.
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