Legal Question in Bankruptcy in New York
Who can file?
Can a US citizen living in Canada file in US for bankruptcy. She has no residence or domicile in US. Her assets all are in Canada but her debts are ''US'' debts with US companies. Are they ''proprty'' in US for purposes of 109(a)???
1 Answer from Attorneys
Re: Who can file?
Need to have domicile, place of business or property in the US in order to be a debtor under the bankruptcy code. It does not appear that the person of whom you speak has property in the US; only debts arising in the US. "Debt" is a specifically defined term ("liability on a claim") under the code which does not, in my judgment, mean or include "property". Indeed, property and debt have opposite meanings. Take a look at the defintion of property of the estate at code section 541.
Related Questions & Answers
-
Do-It-Yourself Bankruptcy How does one go about filing for bankruptcy without the... Asked 11/22/00, 12:00 pm in United States New York Bankruptcy Law
-
Filing a civil suit against a bankruptcy fraud I want to sue in civil court. I have... Asked 10/16/00, 11:12 pm in United States New York Bankruptcy Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
