How can I file for bankruptcy if I am out of the country?
I had to leave the country to take care of my grandmother. Meanwhile, my debts are accumulating and I am not sure how to take care of them. I am not married, but I do have a son in the US. Can he file for me? What else can I do?
Answered By: Mercado & Hartung, PLLC
You have live in the state you are filing for the better part of 180 days (91 days), also you need to be present for the 341 meeting which is generally held 40 days after filing.
Answer Applies to: Washington
Replied: 1/18/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Washington
Replied: 1/18/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Heupel Law
No, you need to be in the United States in order to file bankruptcy.
Answer Applies to: Colorado
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: J.M. Cook, P.A.
If you grant him a durable specific power of attorney, your son could file for you.
Answer Applies to: North Carolina
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: North Carolina
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mankus & Marchan, LTD
You cannot file bankruptcy when you are out of the country. The son cannot file bankruptcy on your behalf. Also you must have residence in a particular U.S. location for 180 days, or longer.
Answer Applies to: Illinois
Replied: 12/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 12/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Janet A. Lawson Bankruptcy Attorney
I have filed cases for people outside the US. It requires that you have your hearing at a US Embassy, for which you will have to pick up the cost. The last time I did it I think it was around $500.00 for the hearing.
Answer Applies to: California
Replied: 12/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Deborah Ann Stencel
You need to be a resident of the United States to file AND you need to be present for at least one hearing when a bankruptcy is filed. This makes it difficult to file when you are out of the United States. In theory if you have a residence in the United States but are simply out of the country for an extended period of time due to a family matter, you could file. You would have the following problems: (1) you must appear in at the Meeting of the Creditors (in the state of you reside) to prove your identity and answer questions; and (2) most attorneys would insist on meeting you in person before taking your case AND it is best to meet with the attorney in person to go over your papers before you file.
Answer Applies to: Wisconsin
Replied: 12/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Wisconsin
Replied: 12/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mazyar Hedayat and Associates
Any individual that is a resident of the United States may seek bankruptcy protection. Most of the forms can be exchanged and follow up conducted via express mail, e-mail, telephone, etc. However, you must be present in person to attend the mandatory 341 Meeting or Meeting of Creditors that will be held 30 days after you file. And most attorneys insist on at least one meeting in person before they will represent you. Your son should be able to find a local Attorney and get the process started, then you can return to the U.S. to meet with your Attorney, fill out the necessary documents, turn over records, and sign the necessary forms. Your draft bankruptcy Petition can be sent to you for review and you can send it back to your lawyer while you are out of the country. You must then come back to the United States once more to attend the Creditors' Meeting. I hope this information has been helpful. Contact us with any follow up questions.
Answer Applies to: Illinois
Replied: 12/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 12/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: THOMAS G. GILL, P.A.
If your son has a valid power of attorney, he can retain the attorney and help you provide information. However, you will have to appear at the meeting of creditors to verify the information. There are some exceptions, you should consult a bk attorney to discuss further.
Answer Applies to: Maryland
Replied: 12/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Maryland
Replied: 12/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Darren Aronow, PC
You have to be residing in the state that you file, for 180 days prior to filing. In some rare occasions, a person can sign and show up in court with a power of attorney, but that is usually if someone is in prison and can not show, or are too sick to show. I do not think your situation would qualify and you should just wait till you get back.
Answer Applies to: New York
Replied: 12/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 12/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Grace Law Offices of John F Geraghty Jr.
Write to all your creditors and explain the medical emergency and ask for a payment modification schedule.
Answer Applies to: Georgia
Replied: 12/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 12/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Stockman Law Office
I do not believe your son willhave the ability to file a bankruptcy petition for you. You can provide information and documents, and review the petition you receive in the mail or by fax, but it is unlikely the trustee will excuse you from appearing at a 341 meeting andwill require you appear in person.
Answer Applies to: Florida
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Judith A. Runyon, Esq. Attorney at Law
You have to file yourself and attend the hearing yourself.
Answer Applies to: California
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
You must physically appear at a meeting of creditors after filing bankruptcy.
Answer Applies to: California
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Felipe A. Malo, P.A.
No. You must file when you return to USA.
Answer Applies to: Florida
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Michael Johnson
No but you can file and you will need to to come back for one hearing.
Answer Applies to: Florida
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
You must attend your own hearings.
Answer Applies to: Georgia
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Simon Goldenberg, PLLC
The bankruptcy process requires an appearance by the petitioner at the creditors meeting. This requirement is waived only in limited circumstance. You may want to wait until you return to the U.S. before proceeding. You can also consider alternatives to bankruptcy, such as debt settlement, to eliminate your unsecured debt. An attorney can assist you in negotiating your debts even if you are outside the country.
Answer Applies to: New York
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Diefer Law Group, P.C.
You have to personally file the case. Can you wait to file once you get back? If so, that might be a better option.
Answer Applies to: California
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Weber Law Firm, P.C.
No. Your son can not file your bankruptcy case by proxy. You must personally participate unless you are disabled (mentally or physically).
Answer Applies to: Texas
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Guardian Law Group PLLC
He can help you prepare but you must first meet the domicile requirements.
Answer Applies to: Utah
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Utah
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Kristy Qiu
You can file for bankruptcy being outside the country. But you have to be present for your meeting of creditors. You could request a telephonic appearance by motion to court with cause, however, having to take care of a relative outside the country is not an acceptable cause.
Answer Applies to: Florida
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Joseph A. Mannis
You can file the case while out of the country, because it is still possible to get your signatures on the official bankruptcy documents. However, there is a court appearance required, and that you do have to be here for. It is generally about a month after the date of filing. So at some point in the process, you will have to be here.
Answer Applies to: California
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Bankruptcy
- Are my children's education funds included in a bankruptcy?(1/16/2012)
- Can I cancel my bank account before the creditors take my money?(1/16/2012)
- Is it possible to file for bankruptcy if I am outside the country?(1/16/2012)
- What happens if I change my mind about the chapter 13 payment plan?(1/16/2012)
- Does filing a Chapter 7 bankruptcy protect one from going to jail for child support?(1/15/2012)
- If two names are on mortgage, if one files for bankruptcy can the other lose the home?(1/14/2012)
- Can I file for bankruptpcy if my divorce is not finalized yet?(1/5/2012)
- Can I still file for a chapter 13 bankruptcy if I just got fired?(1/5/2012)
- After a chapter 13 bankruptcy what assets am I allowed to keep?(1/5/2012)
- What happens if I file for a chapter 7 bankruptcy and my debts are not all liquidated?(1/5/2012)
- What happens if I file for bankruptcy while my home goes into foreclosure?(1/5/2012)
- If I file for bankruptcy can I still use my credit cards?(12/28/2011)
- Can I leave the country if I am filing for bankruptcy?(12/22/2011)
- Can filing for bankruptcy prevent me from taking out a student loan?(12/22/2011)
- Can I file for bankruptcy before I am married?(12/22/2011)
- Can I get my bankruptcy removed from my credit report?(12/21/2011)
- Why is the bank still calling me if I am filing a chapter 7 bankruptcy?(12/21/2011)
- Can I keep my bankruptcy petition private?(12/21/2011)
- Is there anything I can do if a creditor files bankruptcy for me?(12/21/2011)
- When is it too late to add anything to my bankruptcy file?(12/21/2011)
