Legal Question in Bankruptcy in New Mexico
Bankruptcy from Overseas by U.S. Military Member
After losing a lawsuit with my ex-wife, I am now required to pay an increased child support amount. I find myself in a very bad financial position and am interested in finding out about Bankruptcy. Can a U.S. citizen file Bankruptcy from overseas? We are currently living in Germany and will be here until 2000. We are legal residents of New Mexico and pay state taxes there. Please help. We need to work out an answer for this situation.
2 Answers from Attorneys
Child support - not dischargeable in bankruptcy
Regardless whether you can file bankruptcy whileliving in Germany, you cannot discharge childsupport obligations in bankruptcy. You needto appeal the determination of the court whichincreased your support obligation. That isyour only remedy.
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Bankruptcy jurisdiction
The first thing you should do is to contact your military Staff Judge Advocate to determine whether you are domiciled in New Mexico. If so,contact a NM bankruptcy lawyer in the town of your residence to act for you in preparing your Schedules,Statement of Affairs and Petition. Arrange for you next leave to coincide with the Meeting of Creditors at which you must appear for any questioning by creditors. Do not try this without an attorney in the NM town where you are domiciled!!!!