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.


Asked on 3/01/98, 2:58 am

2 Answers from Attorneys

Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

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.

=============================================

If applicable to this message: "This transmis-

sion does not create an attorney-client rela-

tionship. I will not be representing anyone

without a written agreement signed by all par-

ties and then, only in Ohio. Answers to ques-

tions are for general information only and

are not to be construed as legal advice in any

particular jurisdiction. If you need legal advice

for a specific legal problem, seek the services

of a knowledgable attorney in your area or locale."

===============================================

Where people fear the government,

you have tyranny.

Where the government fears the people,

you have liberty.

Thomas Jefferson

===============================================

Read more
Answered on 3/03/98, 4:22 pm
Leonard Battle Leonard C Battle Attorney at Law

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!!!!

Read more
Answered on 3/03/98, 4:55 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in New Mexico